House & Apartment

Written eviction notices are required before most types of eviction cases can be filed in Illinois. Illinois law allows only three delivery methods for eviction notices when 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. lives in the property. A judge can dismiss an eviction case if a written eviction notice is not completed or served according to the law. Learn more about How eviction cases work and What landlords need to know about eviction cases.

This how-to explains the steps for personal service of a written eviction notice. Personal service means handing the notice directly to the person named on the notice. 

Personal service is only an option for named recipients. Other options can be used for named recipients and unknown occupants. These are:

• Substitute service on someone who is 13 years or older and lives in the household of the named person or unknown occupants (learn how to do Substitute service of a written eviction notice), and
• Certified or registered mail with return receipt Proof of delivery with the recipient's signature, and the date and time of delivery requested (learn about Mailing an eviction notice).

If the property is vacant or the only occupants are not tenants or subtenants, posting may be an option. Learn about Posting an eviction notice.

For help resolving issues that can lead to 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.

More than one type of notice may need to be filled out and served at the same time. Learn more about Written eviction notices and the correct notices for:

• Unpaid rent (learn more in Dealing with unpaid rent),
• Lease violations and criminal activity (learn more in Addressing lease violations), and
• A lease that is ending and will not be renewed (learn about Ending a lease).

A written eviction notice must be signed by the housing provider who completed it. A typed signature is acceptable. Written eviction notices do not have to be notarized. Use our Evict a Tenant Easy Form for help preparing notices. 

The common terms 5-day, 10-day, and 30-day for different types of notices can be confusing. Longer notice periods may be required by:

• Local, state, or national laws, or
• A written rental agreement.

Make a copy of each completed and signed notice before it is served. This can be done using a scanner or copier, or by taking a phone picture. 

Be sure that the copy is clear and easy to read. If an eviction case is filed:

• A copy of the notice must be filed with the complaint, A written statement to start a lawsuit that says what the defendant did or
• The landlord An owner of property who rents it out to a tenant will have to file an affidavit A notarized written statement signed by a person under oath explaining why it was not included. 

Learn more about How eviction cases work and What landlords need to know about eviction cases.

Personal service is usually done at the property where the person is living. Personal service may occur at another location if the person is:

• Staying in a medical facility like a hospital or rehab,
• In jail or prison, or
• Traveling for work or personal reasons.

Before serving the notice at the property, check for safe access. Consider potential hazards such as:

• Locked gates,
• Aggressive dogs,
• Weapons,
• Unknown occupants, and
• Prior threats from people living in the property.

If conditions are unsafe, contact the local police department to request an officer to be present. Remember that a landlord An owner of property who rents it out to a tenant does not have to be the one to serve Giving court documents to someone the notice. Private process servers, sheriffs, or people over 18 who are not parties to the potential eviction A court case brought by a landlord to get a tenant to move out case can also complete personal service.

If serving the notice raises concerns about domestic violence, contact:

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

Placing the notice in an envelope before handing it to the recipient is optional. Other documents, such as a proposed payment plan or move-out agreement, may be included in the same envelope.

Find the person who must receive the notice and give it to them. To complete personal service, the person serving a notice must hand the notice directly to the person named on the notice. 

The person who receives the notice does not have to sign it. If the person is willing to sign, the landlord An owner of property who rents it out to a tenant can ask for a signature. A signed notice shows that the person received it. If the person signs, take a photo or make a copy.

Sometimes, people refuse to accept a notice. This can mean giving it back to the person serving the notice, throwing it away, or destroying it. However, as long as they have been handed the notice, service is still complete.

When any part of the tenant’s A person who rents a space rent is paid with a Housing Choice Voucher (HCV), as soon as the notice has been served, the landlord must immediately send a copy of any written eviction notice to the local housing authority.

Personal service is invalid if the notice is not handed to a person. Personal service does not happen if the notice is:

• Left in a mailbox,
• Slipped under the door (unless the recipient picks it up while in view of the server),
• Posted on the property,
• Texted, or
• Emailed.

If the person named on the notice does not answer A written statement used to respond to the complaint or petition in a lawsuit the door, the options are to:

• Serve Giving court documents to someone the person at another location, which may be necessary if they are staying in a medical facility or are incarcerated,
• Try substitute service on another household member at the residence (learn how to do Substitute service of a written eviction notice), or
• Send the notice 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 about Mailing an eviction notice). 

If the property is vacant or the only occupants are not tenants or subtenants, posting may be an option. Learn about Posting an eviction notice.

The person who hands the papers to the recipient must fill out and sign an Affidavit of Service. This document is included in the Evict a Tenant Easy Form.

Only the person who served the tenant must complete the affidavit. The recipient of the written eviction A court case brought by a landlord to get a tenant to move out notice does not need to sign. 

The affidavit does not need to be notarized.

After serving the notice, the parties can reach an agreement about how to handle the situation. Learn about Negotiating a move-out agreement without going to court.

If an eviction case is filed before the time period on the notice ends, the judge will dismiss the case. The time period is calculated starting from the day after service. Service by certified or registered mail occurs on the date the mail is delivered or refused.

Learn more about How eviction cases work and What landlords need to know about eviction cases.

Eviction cases can take months to resolve and require multiple court dates. For help resolving issues, 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.