House & Apartment

Illinois law allows only three delivery methods for written 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. 

This how-to explains the steps for substitute service. Substitute service can be used for named recipients and unknown occupants. Substitute service means handing the notice directly to a person who is:

• At least 13 years old, and
• A household member of the named person or unknown occupants to whom the notice is directed.

The other options are:

• Personal service on a named recipient (learn how to do Personal service of a written eviction notice), and
• Certified or registered mail service on named recipients and unknown occupants (learn how to Mail an eviction notice).

If the property is vacant or the only people living there are not tenants or subtenants, posting may be an option. Learn how to Post an eviction notice.

An eviction judge can dismiss a case if a written eviction notice is not completed or served according to the law. For help with questions about eviction notices or cases, contact:

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

Illinois has three main types of written eviction notices. More than one type of notice may need to be filled out and served at the same time. Learn more about Written eviction notices.

Use our Evict a Tenant Easy Form program to help prepare any of these notices.

The Illinois Supreme Court offers statewide standardized forms for each:

• Notice of Termination for Non-Payment of Rent (learn more in Dealing with unpaid rent),
• Notice of Termination for Lease Violation (learn more in Addressing lease violations), and
• Notice of Non-Renewal of Lease or Termination of Tenancy (learn more in Ending a lease).

The standardized forms also have instructions printed on them for reference.

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 A court case brought by a landlord to get a tenant to move out case has to be started, this copy will be filed with the complaint A written statement to start a lawsuit that says what the defendant did .

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.

Before serving the notice at the property, check for safe access. It may be useful to walk or drive by the property to determine its current condition. 

Consider potential hazards such as:

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

Safety is essential. If appropriate, ask the local police department for assistance. Some police departments will send an officer to accompany a housing provider when delivering a written eviction A court case brought by a landlord to get a tenant to move out notice. 

Remember that a landlord An owner of property who rents it out to a tenant does not have to be the person who serves the notice. Private process servers, sheriffs, or people over 18 who are not parties to the potential eviction case can serve Giving court documents to someone the notice. Do not take unnecessary risks.

Help is also available for concerns that serving an eviction notice may lead to domestic violence. For more information on domestic violence, read Domestic violence common questions or contact:

• The National Domestic Violence Hotline at (800) 799-7233 (or text START to 88788),
• The Illinois Domestic Violence Hotline at (877) 863-6338, or
• The local domestic violence victim service agency in the directory maintained by the Illinois Coalition Against Domestic Violence.

The person serving a notice must hand the notice directly to a person who is:

• At least 13 years old, and
• A household member of the named person or unknown occupants to whom the notice is directed.

The recipient of a written eviction notice does not need to sign the notice. 

A household member is a person who lives in the unit on a regular basis. Frequent visitors are not household members.

Placing all written eviction notices that will be served in an envelope can help make handing the notice to the recipient easier. Other documents, like a proposed payment plan or move-out agreement, can also be included in the same envelope.

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

If it is impossible to figure out whether a person answering the door is over 13 years old or actually lives in the unit, the next step is to try mail service. Learn more in Mail an eviction notice. 

Substitute service does not occur if a person over 13 who lives in the unit is not handed the notice. Substitute service is not valid if the notice is only:

• Given to someone younger than 13,
• Given to a person over 13 who does not live in the unit,
• 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.

The person who hands the papers to someone over 13 living in the unit must fill out and sign an Affidavit of Service. This document is included in the Evict a Tenant Easy Form program.

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.

Once the written notice has been served, agreeing on what to do next may be possible. Reaching an agreement is the most efficient way to address the situation. Learn how to Negotiate a move-out agreement without going to court.

Court cases cost time, money, and stress. The outcome can be uncertain for many months. Communication is important throughout the process.

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 of certified or registered mail occurs when the mail has been delivered or refused.

For help resolving issues after serving a written eviction notice, contact:

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