House & Apartment

Landlord An owner of property who rents it out to a tenant -tenant laws cover adults living in property belonging to someone else who:

• Have a spoken (oral) or written agreement to live in the property, and
• Are not married to a person who owns the property.

Landlord-tenant laws:

• Are not based on personal relationships (learn more about Evicting friends, unmarried partners, and family members), and
• Do not prevent law enforcement officers from removing people for criminal trespass (learn more about Trespassers and squatters).

A written eviction notice or demand is a legal paper that explains one of the following situations:

• Rent was not received on time (learn more in Dealing with unpaid rent),
• The landlord An owner of property who rents it out to a tenant believes the tenant A person who rents a space broke rules or was involved in criminal activity (learn more in Addressing lease violations),
• The lease is ending and will not be renewed (learn about Ending a lease), or
• A person living in someone else's property has no legal right to be there at all (learn more in Trespassers and squatters).

In public housing, a written eviction notice must also state whether the tenant has the right to a grievance hearing to see what they can do to avoid eviction. If the tenant does not have the right to a grievance hearing, the notice must say why.

To avoid eviction, do not ignore a written eviction notice, even if it looks incorrect. Use Get Legal Help to find local resources 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.

Written eviction A court case brought by a landlord to get a tenant to move out notices or demands can be for:

• Unpaid rent, sometimes called a 5-day notice (learn more in Dealing with unpaid rent),
• Lease violations and criminal activity, sometimes called a 10-day notice (learn more in Addressing lease violations),
• A lease that is ending and will not be renewed, sometimes called a 30-day notice (learn about Ending a lease), and
• Situations where people have no legal right to live in the property at all, known as a demand for immediate possession (learn about Trespassers and squatters).

Describing notices as 5-day, 10-day, and 30-day may be confusing. Longer notice periods may be required by:

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

Private landlords can use our Evict a Tenant Easy Form program to help prepare any of these notices.

A written eviction A court case brought by a landlord to get a tenant to move out notice is required before a housing provider files an eviction case for:

• Nonpayment of rent (learn more in Dealing with unpaid rent),
• Lease violations or criminal activity (learn more in Addressing lease violations), or
• Tenants or subtenants not moving out at the end of a lease (learn about Ending a lease), including:
  • A spoken (oral) lease,
  • A month-to-month or week-to-week arrangement,
  • A rental agreement that automatically renews,
  • A rental agreement paid in any part by a Housing Choice Voucher (HCV), and
  • Any Cook County lease.

A demand for immediate possession is served before filing an eviction case against Trespassers and squatters.

Written eviction notices are only optional when the tenant: A person who rents a space

• Overstays a current written rental agreement that does not renew and has a clear end date, and
• All of the following are true:
  • The property is privately owned,
  • The property is not in Cook County,
  • No portion of rent is paid by a Housing Choice Voucher (HCV), and
  • The landlord An owner of property who rents it out to a tenant and tenant do not have any other agreements allowing the tenant to stay longer.

Illinois eviction laws do not have exceptions for safety concerns. Serving written eviction notices can increase tensions and lead to dangerous situations:

• For the person serving the notice (learn more in our instructions for Personal service of a written eviction notice, Substitute service of a written eviction notice, and Posting an eviction notice),
• For people living in the household, and
• For the housing provider.

When behavior creates a risk of harm, other legal remedies address personal safety directly. People in shared living situations, including roommates, romantic partners, and adult Any person 18 years old or over family members in the same household, can file for an Order of Protection against a household member whose behavior is unsafe. A judge can enter an emergency Order of Protection. In an Order of Protection case, a judge can:

• Grant exclusive possession of the home, or
• Enter conditions that limit contact or access within the home.

Learn more from:

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

People who need to move out for personal safety reasons may have the right to end their lease early under the Illinois Safe Homes Act. This law allows qualifying tenants to terminate a lease without penalty when specific safety conditions are met. Learn more about Housing protections for survivors of domestic violence, dating violence, stalking, and sexual assault.

Housing providers who share living space or have a qualifying personal relationship with the person whose behavior is unsafe may be eligible for domestic violence protections. If the landlord An owner of property who rents it out to a tenant is not protected by domestic violence laws, they may still be able to seek a Stalking No Contact Order against a person living in their property. Learn more about Protection from abuse.

No, receiving an eviction notice does not mean a person has been evicted. Only the sheriff A county officer who can serve people with summons. They can evict someone with a court order. can evict people in Illinois. The sheriff must have a judge’s order allowing the eviction. Landlords cannot force people out, even with a written notice. Learn more about Lockouts and emergency rental repairs.

To evict a tenant, A person who rents a space the landlord An owner of property who rents it out to a tenant must:

• Serve Giving court documents to someone a written eviction notice (unless the exception applies),
• Wait the required amount of time,
• File an eviction case,
• Ask the judge to enter an eviction order,
• If the judge agrees to enter an eviction order, schedule the eviction with the sheriff, and
• Wait for the sheriff to complete the eviction.

During the eviction case, the tenants or other occupants can:

• Ask the judge to dismiss the case due to problems with the eviction notice, such as how it was filled out or served,
• Raise other defenses (learn more in Common eviction defenses),
• Negotiate with the landlord to reach an agreement, and
• Make the landlord prove the case at trial. When the issues of a case are heard in court and decided by a judge or jury  

Learn more about what happens after a case is filed in How eviction cases work.

Squatters are people living in a property without any permission. Squatters:

• Do not have a spoken or written agreement with the landlord, An owner of property who rents it out to a tenant and
• Were not given permission to live in the property by a tenant. A person who rents a space

Law enforcement officers can remove squatters for criminal trespassing. Unlawful entry or attempted entry of the property of another Learn more about Trespassers and squatters.

If law enforcement officers decline remove squatters, property owners can:

• Serve Giving court documents to someone a Demand for Immediate Possession and file an eviction A court case brought by a landlord to get a tenant to move out case,
• 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.

Yes, law enforcement officers can force a person out without an eviction A court case brought by a landlord to get a tenant to move out order signed by a judge. Situations where this can happen include:

• A judge requires a person to stay away from the property in an Order of Protection,
• A squatter is removed for criminal trespassing Unlawful entry or attempted entry of the property of another (learn more about Trespassers and squatters), or
• Emergency conditions, like a fire or criminal activity, make the property uninhabitable.

Sometimes, tenants are also surprised by eviction orders being enforced against them in cases that were brought against the landlord, An owner of property who rents it out to a tenant such as:

• Property tax sale cases, and
• Mortgage A loan given by a bank that is used to help someone buy a home foreclosure cases (learn more in Foreclosure for tenants).

A written eviction notice must be addressed to:

• All adults living in the property who may be evicted, by name, or
• “Unknown Occupants," which covers situations when an adult’s Any person 18 years old or over name is unknown, or the housing provider is unsure who lives at the property.

Do not name children on eviction notices. Naming minors or people who were minors when the lease was signed will result in an eviction case being dismissed. Minors who are named in eviction cases can also seek damages (sue for money).

The housing provider must sign the notice. A typed signature is allowed.

The notice does not need to be notarized.

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.

If the notice is sent by certified or registered mail, the person may have to sign the mail receipt. The landlord can still file an eviction A court case brought by a landlord to get a tenant to move out case even if the person refuses to sign the mail receipt.

Written eviction notices can be served in three ways 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. These are:

• Handing the notice to the person named on it (learn how to do Personal service of a written eviction notice),
• Giving the notice to a person at least 13 years old who lives in the unit (learn how to do Substitute service of a written eviction notice), or
• Certified or registered mail with return receipt Proof of delivery with the recipient's signature, and the date and time of delivery (learn how in Mailing an eviction notice).

Posting an eviction notice is only an option if:

• The home or unit is vacant, or
• The people living there are not tenants or subtenants (learn more about Trespassers and squatters).

When any part of rent is paid with a Housing Choice Voucher (HCV), the landlord must also give the housing authority a copy right away.

The statewide laws regarding service on tenants are in the Eviction Act:

• Section 9-104 (service on the tenant or someone at least 13 years old who lives in the unit, and posting), and
• Section 9-211 (certified or registered mail with return receipt requested).

For written eviction A court case brought by a landlord to get a tenant to move out notices, personal service, substitute service, and posting can be done by:

• The landlord, An owner of property who rents it out to a tenant
• A private process server, Someone other than a sheriff who serves a summons
• The sheriff’s A county officer who can serve people with summons. They can evict someone with a court order. office, or
• Any person over 18 who is not a party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. to the potential eviction case.

The person who delivers or mails the notice must complete an Affidavit of Service of a Demand or Notice. Use the Illinois Supreme Court-approved form. Private process servers and law enforcement officers may also have their own affidavits.

Mail service is completed by the postal worker who delivers the notice and asks for a signature on the receipt. Mail may be:

• Delivered to the person at the property, or
• Picked up at a post office.

If service is by certified or registered mail, the tenant A person who rents a space is expected to sign the delivery receipt. If the tenant refuses, and the landlord can show the tenant likely knew what the letter contained, a judge may let the landlord continue with an eviction case. Housing providers may refer to the case of Avdich v. Kleinert, 69 Ill. 2d 1 (1977) when explaining this to a judge.

Written eviction A court case brought by a landlord to get a tenant to move out notices are usually served where the person receiving the notice lives. 

Personal service on a named recipient can be completed anywhere else the person can be found. Private process servers sometimes wait outside a person’s home to serve Giving court documents to someone them on their way in or out of the property. People may also be served at work, at school, or when they attend court hearings in other cases.

Personal service in jail or prison is usually done by a staff member. The staff member will then fill out the affidavit of service. A written statement signed under oath. It describes where, when, and how a person received court documents. Contact the facility where the person is held to learn more.

Some medical facilities, such as long-term care, may allow personal service. Others have visit restrictions that prevent personal service. Ask a staff member for more information.

Tenants do not have to respond to a written eviction notice unless:

• They live in public housing,
• The eviction notice gives them the right to a grievance hearing, and
• They want to request the grievance hearing.

Responding can be helpful to:

• Tell the landlord An owner of property who rents it out to a tenant there is a mistake on the notice, or
• Start a conversation about how to resolve issues.

People who receive a written eviction notice might:

• Pay overdue rent (learn more in Dealing with unpaid rent),
• Correct lease violations (learn more in Addressing lease violations),
• Agree on a move-out date (learn about Negotiating a move-out agreement without going to court), or
• Wait for the landlord to file an eviction case (learn How eviction cases work).

A landlord is not legally required to allow a tenant A person who rents a space to try to resolve issues related to alleged criminal activity.

A written eviction A court case brought by a landlord to get a tenant to move out notice served by personal or substitute service is served on the date it was handed to the person.

A written eviction notice served by certified or registered mail is served:

• When delivered to the person at the property, or
• When the person picks up the mail at the post office. 

If the mail was refused, the landlord An owner of property who rents it out to a tenant may still be able to file an eviction case using the date of refusal as the date of service.

A posted eviction notice is served on the date it was posted as long as the unit is:

• Abandoned or vacant, or
• Only housing people who are not tenants or subtenants (learn more about Trespassers and squatters).

However, if tenants or subtenants live in the unit, service by posting is not valid.

Written eviction notices are only filed with the court as part of a court proceeding. There is no public registry of written eviction notices. In many situations, written eviction notices are used to start a conversation about a problem, and the situation is resolved without going to court. 

If a housing provider starts an eviction case based on the written eviction notice, the landlord An owner of property who rents it out to a tenant must file a copy of the notice along with the complaint. A written statement to start a lawsuit that says what the defendant did Learn more in How eviction cases work. Copies of eviction notices are sometimes also filed in other types of lawsuits, such as cases against housing providers.

For help with legal questions about 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.

When safety is a concern in shared living situations, including roommates, romantic partners, and adult family members who are part of the same household, contact:

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

Learn more about Protection from abuse.