House & Apartment

Yes, all Illinois housing providers must serve Giving court documents to someone a written eviction notice before filing an eviction case for unpaid rent. Private landlords can use our Evict a tenant Easy Form to help prepare this notice. Learn more about how a written eviction notice can be delivered.

The written eviction notice for nonpayment of rent must state:

• The amount due, and
• The deadline to pay.

A written eviction notice for unpaid rent may say:

"Only FULL PAYMENT of the rent demanded in this notice will waive To give up a legal right or pardon a fee the landlord's An owner of property who rents it out to a tenant right to terminate the lease under this notice, unless the landlord agrees in writing to continue the lease in exchange for receiving partial payment."

This means:

• Paying only part of the rent by the deadline will not stop the landlord from filing an eviction case,
• Unless the landlord agrees in writing.

No, a tenant A person who rents a space does not have to move out after receiving an eviction notice for nonpayment. An eviction notice for unpaid rent alerts the tenant that the housing provider may file an eviction case if rent is not paid by the deadline on the notice.

Before the landlord An owner of property who rents it out to a tenant files an eviction case, tenants who receive a written eviction notice for past due rent can:

• Pay the full amount before the due date on the notice,
• In public housing, request a grievance hearing before the notice period ends,
• Agree in writing with the landlord on a payment plan, or
• Negotiate a move-out agreement without going to court,

If the landlord files an eviction case, tenants can:

• Ask the judge to dismiss the court case, due to problems with the eviction notice, such as how it was filled out or served,
• Raise other defenses in the court case (learn more in Common eviction defenses),
• Apply for court-based rental assistance,
• For covered Chicago, Evanston, and Suburban Cook County properties, use pay and stay laws to remain in the unit,
• Work out an agreement with the landlord in the court case,
• Make the landlord prove the case at trial, or
• Wait for the judge to enter an order allowing the sheriff A county officer who can serve people with summons. They can evict someone with a court order. to evict the tenant.

Learn more about what happens after an eviction case is filed in How eviction cases work.

Eviction A court case brought by a landlord to get a tenant to move out notices for unpaid rent are sometimes called 5-day notices. However, the deadline may be longer due to:

• Local, state, or national laws,
• A written rental agreement, or
• The landlord's An owner of property who rents it out to a tenant decision to give more time on the notice.

For private housing, including tenants who use a Housing Choice Voucher (HCV) to pay rent, the minimum is:

• At least 5 days to pay overdue rent everywhere except Evanston, and
• In Evanston, at least 10 days to pay overdue rent.

People who live in public housing must have 30 days to pay overdue rent. A public housing unpaid rent notice must also tell the tenant A person who rents a space about requesting a grievance hearing. If the tenant requests the hearing before the 30 days end, the lease does not end until after the process. These are federal rules.

Tenants also have a one-time right to pay and stay even after an eviction case is filed in:

• Chicago (except for owner-occupied dwellings with 6 or fewer units),
• Evanston, and
• Suburban Cook County (unless the rental is excluded from the ordinance, A law or rule made by a local government like a town or city which the owner must make clear in marketing and application materials).

The day a notice is served is day zero for calculating the notice period. Service on a tenant A person who rents a space or subtenant A tenant who will share the rental payments. They can also take over from the first tenant in the apartment. who is living in the unit happens when:

• The notice is handed to the tenant (learn how to do Personal service of a written eviction notice),
• The notice is given to a person over 13 who lives in the unit (learn how to do Substitute service of a written eviction notice), or
• The notice is delivered by certified or registered mail with return receipt Proof of delivery with the recipient's signature, and the date and time of delivery requested (learn how to Mail an eviction notice).

Count the days starting the day after delivery. This means the day after delivery is day 1.

If the 5th (or 10th) day lands on a weekend or court holiday, the deadline for paying rent is the end of the next court business day.

Notices for unpaid rent only list overdue rent. The amount on the notice may not be the full amount the tenant A person who rents a space owes. 

After serving a written eviction A court case brought by a landlord to get a tenant to move out notice for nonpayment, the landlord An owner of property who rents it out to a tenant  must accept payment if:

• The tenant pays the full amount due,
• Within the allowed time.

A landlord cannot evict a tenant for unpaid rent if they accept payment before starting an eviction case. However, outside Cook County, a landlord is not required to accept unpaid rent after the deadline. The housing provider can refuse the rent and start an eviction case against the tenant.

For private housing, including tenants who use a Housing Choice Voucher (HCV) to pay rent, paying the overdue rent on the written eviction notice may not be enough to prevent an eviction case. Ask the housing provider for an itemized list of what is due right away:

• Private landlords may require a tenant to pay overdue amounts for recurring lease charges, such as utilities, to avoid eviction,
• In most of Illinois, there is no restriction on applying payments to overdue amounts other than rent, and
• Only the following areas prohibit applying rent payments to any charge other than rent:
  • Oak Park, and
  • Suburban Cook County, where this rule does not apply to owner-occupied dwellings with 6 or fewer units. The owner must make the exclusion clear in marketing and application materials.

People who live in public housing and pay the overdue rent balance do not have to pay other charges to avoid eviction.

No, landlords do not have to provide payment plans unless the lease requires them to do so. 

Tenants can ask the landlord An owner of property who rents it out to a tenant to accept a payment plan for overdue rent or other charges, even if a written eviction A court case brought by a landlord to get a tenant to move out notice requires full payment. The landlord is not required to agree to a payment plan. 

If agreement is reached, write down the payment plan, including:

• The tenant’s A person who rents a space name and address,
• The landlord’s name and address,
• The amount due, itemized by month and type of charge,
• The payment amounts and deadlines for the new plan, and
• A statement that the landlord will not evict or charge a late fee if the tenant pays according to the repayment plan.

Have all parties sign and date the plan. Make copies for everyone who signed.

If everyone is on one lease and can be held individually responsible for paying the full amount of rent on time:

• The housing provider can serve Giving court documents to someone an unpaid rent notice on everyone, even if only one roommate did not pay their share,
• Each person is individually responsible for bringing the entire account current, and
• The landlord An owner of property who rents it out to a tenant can file an eviction A court case brought by a landlord to get a tenant to move out case against everyone if the balance is not fully paid.

If each roommate has a separate individual lease with the landlord and is only responsible for their own rent:

• The landlord can serve a nonpayment notice on an individual roommate who did not pay on time, and
• If the balance remains unpaid, the housing provider can file an eviction case against that person alone.

If a tenant A person who rents a space subleases rooms to subtenants:

• The landlord can serve an eviction notice for unpaid rent on the tenant and any other occupants if the tenant fails to pay the landlord on time (regardless of whether the subtenant A tenant who will share the rental payments. They can also take over from the first tenant in the apartment. pays the tenant on time),
• A tenant can serve an eviction notice on a subtenant if the subtenant does not pay the tenant on time, and
• To ask a judge to remove a subtenant, the tenant must follow the same written notice and eviction process as a landlord.

People in shared living situations may depend on other household members, such as roommates, romantic partners, or adult Any person 18 years old or over family members, to pay rent. Threatening not to pay rent or withholding When an employer keeps some of a person's paycheck to cover their taxes rent payments can be a form of abuse or coercion. For help, contact:

• The Illinois Domestic Violence Hotline at (877) 863-6338, or
• The National Domestic Violence Hotline at (800) 799-7233.

Learn more in Domestic violence common questions.

Late fees for nonpayment of rent must be stated in a written agreement. The agreement must include the:

• Fee amount, and
• Explain when the fee applies.

A landlord An owner of property who rents it out to a tenant cannot charge for late fees if there is only a spoken (oral) lease.

A late fee for unpaid rent can only apply after rent is more than 5 days late. State law allows landlords to charge whichever of the following is more:

• $20, or
• 20% of the rental fee for each month that is late.

Landlords can also charge the tenant A person who rents a space for reasonable expenses to collect overdue rent. These charges must be itemized and available for the tenant to read.

Chicago, Evanston, Mt. Prospect, Oak Park, and suburban Cook County have additional restrictions on late fees that can be included in a written rental agreement.

Chicago late fees cannot be more than:

• $10 for the first $500 in monthly rent, and
• 5% of the amount of monthly rent over $500.

This rule does not apply to owner-occupied dwellings with 6 or fewer units.

Evanston late fees cannot be more than:

• $25 if the monthly rent is under $1,600, or
• $25 plus 5% of the monthly rent if the monthly rent is over $1,600.

Mt. Prospect late fees only apply more than 5 days after a written eviction A court case brought by a landlord to get a tenant to move out notice has been delivered. If rent is still unpaid after the deadline on the notice, the landlord can choose to file an eviction case or accept rent plus a late fee of 5% of the payment.

Oak Park late fees cannot be more than:

• $10 if the monthly rent is under $1,000, or
• $10 plus 5% of the monthly rent if the monthly rent is over $1,000.

Suburban Cook County late fees cannot be more than:

• $10 for the first $1000 in monthly rent, and
• 5% of the amount of monthly rent over $1,000.

This rule does not apply to owner-occupied dwellings with 6 or fewer units. The owner must make the exclusion clear in marketing and application materials.

Sometimes a landlord An owner of property who rents it out to a tenant serves a written eviction A court case brought by a landlord to get a tenant to move out notice that states the wrong amount of overdue rent. This can be because:

• Payments were not received (for example, cash in a mailbox went missing),
• Payments were not recorded correctly, or
• Rent was received after the notice was filled out.

Contact the landlord to explain the mistake. Try to reach a written agreement about how it will be handled.

If there is a dispute about payment, showing payment records can help. This might look like:

• Bank statements with deposited rent checks,
• Zelle or Venmo account history, or
• Receipts (when available).

Some Illinois tenants have a one-time right to pay and stay even after an eviction case is filed. Other Illinois tenants can ask their landlords to agree to let them pay and stay.

Pay and stay means that before a judge has entered an eviction order, a tenant A person who rents a space protected by pay and stay laws can pay the following to the landlord: An owner of property who rents it out to a tenant

• Unpaid rent,
• Filing fees and costs paid by the landlord (not including attorney fees), and
• Costs for service of process.

If the tenant pays the full amount, the eviction case must be dropped. Some tenants use court-based rental assistance to help with the payment.

Pay and stay is available in:

• Chicago (except for owner-occupied dwellings with 6 or fewer units),
• Evanston, and
• Suburban Cook County (unless the rental is excluded from the ordinance, A law or rule made by a local government like a town or city which the owner must make clear in marketing and application materials).

Tenants covered by pay and stay can also use this right after a default judgment When a person loses a case because they don't file an appearance or show up in court if:

• The default judgment is vacated, and
• The case is reinstated.

Learn more about eviction case procedures in How eviction cases work.

Funds may be available from:

• Local government,
• Statewide Continuum of Care partners,
• Social services organizations, and
• Churches.

Do not wait. Contact these programs as soon as possible. Most programs have:

• Application requirements, and
• Restrictions on how often the same household can access funds.

If the housing provider files an eviction A court case brought by a landlord to get a tenant to move out case, court-based rental assistance may be available if the applicant has not used it in the last 18 months.

Statewide: 

• Call the local IDHS Homeless Prevention Provider and ask about Homeless Prevention Services, and
• Call the local township’s office and ask about applying for General Assistance.

Lake County: Call Catholic Charities at (312) 655-7700 or visit Need Help Now.

Suburban Cook County: Call 2-1-1 or the Suburban Cook Call Center at (877) 426-6515.

Chicago:

• Call 3-1-1 and ask about emergency financial assistance, and
• Call Catholic Charities at (312) 655-7700 or visit Need Help Now

Court-based rental assistance (CBRAP) can help some tenants pay overdue rent. CBRAP assistance will cover up to $10,000 of emergency rental payments, including up to two months of future rent payments.

Tenants may be eligible for CBRAP if:

• They are in a court eviction proceeding due to unpaid rent (learn more about How eviction cases work),
• They rent their Illinois home as their primary residence,
• Their household income is at or below 80% of the area median income, adjusted for household size, and
• They have not been approved for CBRAP assistance, including tenant direct assistance, in the previous 18 months.

Tenants are not required to be a citizen to be eligible for CBRAP. 

If a landlord An owner of property who rents it out to a tenant is unresponsive or does not agree to participate, court-based rental assistance (CBRAP) will provide eligible tenants up to 2 months of rent to help secure a new unit. Learn more about CBRAP Tenant Direct Payments.

For more detailed help:

• Read CBRAP's Frequently Asked Questions,
• Call CBRAP at (866) 454-3571 (English, Spanish, and Polish), or
• Email [email protected] to request a translator for other languages.

For help with legal questions about eviction, use Get Legal Help or contact:

• Eviction Help Illinois statewide at (855) 631-0811, or
• Cook County Legal Aid for Housing and Debt in Cook County at (855) 956-5763.

When safety is a concern in shared living situations, including roommates, romantic partners, and adult family members who are part of the same household, contact:

• The Illinois Domestic Violence Hotline at (877) 863-6338, or
• The National Domestic Violence Hotline at (800) 799-7233.

Learn more about Protection from abuse.