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 or subtenant 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 substitute service. Substitute service may be used for named recipients and unknown occupants. Substitute service means handing the notice directly to a person who is:

• 13 years or older, and
• Lives in the household 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 with return receipt 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, or
• The landlord will have to file an affidavit explaining why it was not included.

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

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 does not have to be the one to serve the notice. Private process servers, sheriffs, or people over 18 who are not parties to the potential eviction case can also complete substitute 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.

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

• 13 years or older, and
• Lives in the household of the named person or unknown occupants to whom the notice is directed.

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

The person who receives the notice does not have to sign it. If the person is willing to sign, the landlord 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 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.

Substitute service does not occur if a person 13 years or older 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 13 years or older 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.

If nobody answers the door, or it is impossible to figure out whether the person answering the door is 13 years or older or lives in the unit, another option is to 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.