Illinois Eviction Process, 5-Day and 10-Day Notices Explained
Illinois landlords must serve a written notice before filing for eviction under the Illinois Eviction Act, 735 ILCS 5/9. The two main notice types are the 5-day pay-or-quit notice and the 10-day cure notice. Chicago has additional rules under the Residential Landlord and Tenant Ordinance (RLTO).
Two notice types
- 5-day notice (pay or quit) under 735 ILCS 5/9-209, for nonpayment of rent.
- 10-day notice (cure) under 735 ILCS 5/9-210, for lease violations.
For month-to-month tenancies with no specific breach, a 30-day termination notice under 735 ILCS 5/9-207 applies instead.
5-day pay or quit notice (735 ILCS 5/9-209)
Used for nonpayment of rent. The tenant has 5 days to pay the full amount or vacate. The notice must include:
- The amount of rent due.
- The deadline (5 days from service).
- The landlord name and signature.
- The property address.
The clock counts calendar days including weekends. Day 1 is the day after service.
10-day cure notice (735 ILCS 5/9-210)
Used for non-monetary lease violations (unauthorized pets, occupants, etc.). The tenant has 10 days to cure.
If cured, the tenancy continues. If not, the landlord can file for eviction.
How to serve the notice
735 ILCS 5/9-211 allows:
- Personal delivery to the tenant.
- Substituted service by leaving with someone of suitable age AND mailing by first-class mail.
- Posting on the premises if the tenant is absent.
- Certified mail with return receipt.
Chicago RLTO differences
Chicago's Residential Landlord and Tenant Ordinance adds:
- Landlord must include tenant's right to withhold rent for certain defects.
- Different notice timelines for certain violations.
- Heightened disclosure requirements.
If the rental is in Chicago, check the RLTO before serving any notice.
Where to get a compliant notice
LeaseKit's Illinois notice to quit template supports the 5-day pay-or-quit, 10-day cure, and 30-day termination variants with correct statutory language. $29 one-time.
This post is informational. Illinois eviction law depends on local ordinances (especially Chicago RLTO). For contested cases, consult an Illinois-licensed attorney.