House & Apartment
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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 posting a written eviction notice. A landlord may only post an eviction notice on property when:
- The unit is vacant or abandoned, or
- The people living there are not tenants or subtenants.
If a tenant or subtenant lives in the property, posting is not an option. For tenants and subtenants, use:
- Personal service on a named recipient (learn how to do Personal service of a written eviction notice),
- 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 service on named recipients and unknown occupants (learn about Mailing 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).
These notices apply when a lease or rental agreement still exists. For example, a landlord may need to post a notice if a unit appears abandoned but the lease has not legally ended.
Different rules apply when people are living in the property without any permission. Squatters:
- Do not have a spoken or written agreement with the landlord, and
- Were not given permission to live in the property by a tenant.
If law enforcement officers will not remove squatters without a court order, property owners can:
- Serve a Demand for Immediate Possession, or
- If there is any question about whether the people are squatters, but there is no written rental agreement, follow the rules in Ending a lease for ending a month-to-month tenancy.
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.
The notice must be posted on the property and clearly visible to anyone coming or going. This usually means posting the notice on the unit's main entrance, such as the front door.
Before posting 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 post the notice.
If serving the notice raises concerns about domestic violence, contact:
Bring plenty of strong tape or other supplies to attach the notice. Post the notice in a conspicuous place on the main entrance of the unit, such as the front door. The notice should be placed on the outside.
Do not leave the notice:
- Inside the unit,
- Under a door,
- In a mailbox, or
- If the building has multiple units, in a common area.
If possible, take photos of the posted notice that show:
- The notice up close, and
- Where the notice was posted.
Save these photos in case there is a dispute about service.
If any part of the tenant’s rent is paid with a Housing Choice Voucher (HCV), at this time the landlord must immediately send a copy of any written eviction notice to the local housing authority.
Sometimes, a housing provider finds out during or after posting that a tenant or subtenant is still living in the unit. If this happens, posting is not valid service. A tenant or subtenant can still be living in the unit if they are:
- Staying in a medical facility like a hospital or rehab,
- In jail or prison, or
- Traveling for work or personal reasons.
A landlord may only post an eviction notice on property when:
- The unit is vacant or abandoned, or
- The people living there are not tenants or subtenants.
Generally, a tenant or subtenant has abandoned a unit if:
- They vacated the premises with no intention of returning,
- Personal property has been removed or left behind in a way that indicates abandonment, and
- Rent has not been paid for a significant period (30 days or more) and all tenants and subtenants are absent.
When posting a notice reveals that a tenant or subtenant is still living in the unit, the options for service are:
- Personal service on a named recipient (learn how to do Personal service of a written eviction notice),
- 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 service on named recipients and unknown occupants (learn about Mailing an eviction notice).
The person who posts the notice 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 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.
Worried about doing this on your own? You may be able to get free legal help.
