House & Apartment

All housing providers must serve the tenant with a written eviction notice before filing an eviction case for unpaid rent. Service means:

• Handing the notice to the tenant (learn how to do Personal service of a written eviction notice),
• Giving the notice to a person over 13 who lives in the unit (learn how to do Substitute service of a written eviction notice), or
• Sending the notice by certified or registered mail with return receipt requested (learn how to Mail an eviction notice).

Posting is only allowed when:

• Nobody is living in the unit, or
• The people living in the unit are not tenants or subtenants.

Learn how to Post an eviction notice.

Do not ignore an eviction notice for unpaid rent, even if there are problems with how it was delivered. The situation may escalate. Learn more about Written eviction notices.

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

• Eviction Help Illinois statewide, or
• Cook County Legal Aid for Housing and Debt in Cook County.

A tenant 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.

Tenants who receive an eviction notice for past due rent can:

• Pay the full amount before the due date on the notice,
• Agree in writing with the landlord on a payment plan,
• Try to Negotiate a move-out agreement without going to court,
• Wait for the landlord to file a court case and apply for court-based rental assistance,
• Work out an agreement with the landlord in the court case, or
• Wait for the judge to enter an order of possession allowing the landlord to have the sheriff evict the tenant.

Public housing tenants can also file a grievance hearing request before the notice period ends.

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, which the owner must make clear in marketing and application materials).

No. Serving a written eviction notice for unpaid rent does not mean the tenant has been evicted.

Only the sheriff can evict tenants in Illinois. The sheriff must have a judge’s order allowing the eviction.

To get an eviction order for unpaid rent, the landlord must:

• Serve a written eviction notice,
• Wait the required amount of time,
• File an eviction case, and
• Ask the judge to enter an eviction order.

If the judge enters an eviction order, the housing provider must schedule the eviction with the sheriff.

Eviction notices for unpaid rent are sometimes called 5-day notices. However, the time a tenant has to pay depends on local laws. A lease can also give more time than state or local laws require.

Private housing: In most of Illinois, a tenant in private housing must have at least 5 days to pay overdue rent. In Evanston, a tenant must have at least 10 days to pay overdue rent. People who use a Housing Choice Voucher (HCV) to rent from private landlords must follow these rules.

Public housing: 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 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, 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 or subtenant 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 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.

The notice must state the total amount of rent due. The notice for unpaid rent only lists overdue rent. This may not be the full amount that must be paid to bring the account current:

• Private landlords may include other recurring charges that are part of the lease, like utilities, in the amount a tenant must pay to avoid eviction. Ask the housing provider right away for an itemized list of what is due.
• Tenants in public housing can only be required to pay the rent amount to stay in the unit.

After serving a written eviction notice for nonpayment, the landlord must take the money if:

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

A notice for unpaid rent may include the following language: "Only FULL PAYMENT of the rent demanded in this notice will waive the landlord's 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 that partial payment will not allow the tenant to stay in the unit unless the landlord agrees in writing.

A tenant can ask the landlord to accept a payment plan even if the notice requires full payment. The landlord is not required to agree if the notice includes the full payment language above. 

Write down any payment plans and have all parties sign and date them. Make copies for everyone who signed.

There are three common types of roommate situations:

• Everyone is on one lease and can be held individually responsible for paying the full amount of rent on time,
• Each roommate has a separate individual lease with the landlord and is only responsible for their own rent, and
• A tenant subleases rooms to subtenants.

If every roommate is on one lease and each roommate is responsible for paying the total rent:

• The housing provider can serve 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 can file an eviction case against everyone if the balance is not fully paid.

When roommates have separate individual leases and are only responsible for their own rent:

• The landlord can serve a nonpayment notice on only one roommate, and
• If the balance remains unpaid, the housing provider can file an eviction case against that person alone.

In a sublease situation:

• 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 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.

A repayment plan for unpaid rent must include:

• The tenant’s name, address, and signature,
• The landlord’s name and signature,
• 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.

Our printable landlord-tenant payment plan has space for this information.

If there is a written rental agreement, check the terms. Unless a landlord and tenant have a written agreement to apply payments to current rent first, the housing provider can apply any money received towards unpaid rent balances.

Landlords and tenants can agree on payment plans. If an agreement is reached, put it in writing. Have the parties sign. Make copies (or take photos) of the signed agreement for each person who signed.

The notice for unpaid rent only lists overdue rent. In private housing, if the tenant also owes utilities or other recurring charges under the lease, the tenant may need to pay more. In public housing, a tenant can stay after paying the unpaid rent. Public housing tenants only have to pay the overdue rent to remain.

In most of Illinois, there is no restriction on applying rent payments to late fees. Unless local law states otherwise, landlords can apply rent payments to the total amount due. 

This means that in private housing, if the tenant owes utilities or other charges that are part of the lease in addition to rent:

• The tenant can pay the amount on the notice, and
• Still owe additional money to bring rent current.

Private housing providers can agree to accept payment only of the rent money, without other charges, and let the tenant stay in the unit. This gives the tenant more time to pay the overdue utilities, fines, or other charges. Get this agreement in writing and signed by both parties. 

The following areas prohibit applying rent payments to any charge other than rent. This includes utilities, fines, late fees, or other charges.

• 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.

Sometimes a landlord serves a written eviction 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.

The first step is to contact the landlord. Let them know about 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)

Funds may be available from:

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

Do not wait. Call around right away. Most programs have:

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

If the housing provider files an eviction 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

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. 

A landlord cannot evict a tenant for unpaid rent if they accept payment before starting an eviction case.

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, which the owner must make clear in marketing and application materials).

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 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 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 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.

Tenants 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, which the owner must make clear in marketing and application materials).

Pay and stay means that before a judge has entered an eviction order, a tenant protected by pay and stay laws can pay the following to the landlord:

• 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, any eviction case filed must be dropped. Some tenants use court-based rental assistance to help with the payment.

Tenants can also pay and stay after a default judgment if:

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

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,
• 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. 

Learn more about CBRAP Frequently Asked Questions. For more detailed help:

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

If a landlord 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.

The Illinois Supreme Court provides a statewide form for Notice of Termination for Non-Payment of Rent. This form is included in our Evict a tenant Easy Form program.

Notices for tenants in public housing may look different. Public housing notices for nonpayment must tell the tenant about their right to request a grievance hearing.