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 mailing an eviction notice by certified or registered mail, return receipt Proof of delivery with the recipient's signature, and the date and time of delivery requested. Certified or registered mail service can be used for named recipients and unknown occupants. 

Service by mail occurs when the mail is delivered or refused. Mail can also be lost in transit. The other options are:

• Personal service on a named recipient (learn how to do Personal service of a written eviction notice), and
• 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).

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.

Written eviction notices can only be served by mail that is sent certified or registered with return receipt requested.

• Certified mail A document delivery service such as the US Postal Service that sends a party a receipt as proof that the documents were mailed and delivered provides a mailing receipt that confirms the notice was sent and allows the sender to track delivery. The recipient must sign to acknowledge receipt.
• Registered mail provides certified mail services and additional protection for important mail. The postal service maintains a record of delivery.

Certified or registered mail usually costs between $5 and $20, depending on envelope weight and the return receipt cost. The steps for service are:

• Address the notice to the 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. at the rental unit,
• Send the notice via certified or registered mail, requesting a return receipt, and
• Keep the tracking number.

Many receipts are provided electronically. Save a copy of electronic receipts as a computer file, take a screenshot, or print them out.

If any part of the tenant’s rent is paid with a Housing Choice Voucher (HCV), at this time 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.

Service by mail occurs when the mail is delivered or refused. This can take a long time.

The postal service provides online tracking updates for certified and registered mail. Use the tracking number on the mailing receipt to find this information. Follow up with customer service if the mail:

• Does not show up in the online system after three business days,
• Takes more than two weeks to be sent out for delivery,
• Is marked lost in transit, or
• Is marked undeliverable.

If service is by certified or registered mail, the tenant A person who rents a space is expected to sign the delivery receipt.

Some written rental agreements state that refusing delivery counts as service.

If the tenant refuses and the landlord An owner of property who rents it out to a tenant can show the tenant likely knew what the letter contained, a judge may treat the refusal as delivery. When explaining this to a judge, housing providers may refer to the case of Avdich v. Kleinert, 69 Ill. 2d 1 (1977).

The person who mails 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 mailed the documents must complete the affidavit. The mailperson and the recipient of the written eviction A court case brought by a landlord to get a tenant to move out notice do not need to sign. 

The affidavit does not need to be notarized.

For mail service, the affidavit asks the person completing the form to attach the green card. This refers to the delivery receipt that the tenant signed or refused. The postal service often records this information electronically. If no physical green card is available, print a copy of the electronic tracking information to attach to the affidavit.

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.