Eviction, the lawful removal of tenants from a property, can be a tricky and difficult process for all involved parties. Though they may be uncomfortable, handling evictions swiftly and professionally is well within your grasp. The key? Understanding your rights and communicating them clearly with tenants. Of course, it's not always this easy, and you may meet resistance throughout various steps of the eviction process.
To ensure legality and the protection of both property owners and tenants, adhering to laws and guidelines is essential. It's important to remember that so long as you play by the rules—which we'll discuss in this article—you'll reach a favorable outcome. A number of Illinois laws protect tenants from being removed from a property without due process and just cause, so it's important to follow all established processes closely.
If you own and rent properties in the state of Illinois, you are responsible for complying with all Illinois eviction laws. Not to worry! In this article, we break down each step of the legal eviction process in Illinois, and offer some insights on new laws to keep on your radar. Remember that rental laws are subject to change, so staying up to date on real estate legislation and news is vital.
Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and may not be the most up-to-date information. Illinois’ eviction laws can be found at 735 ILCS § 5/IX.
NEW! 2025 Illinois Rental Laws
The following eviction law has been passed in Illinois in recent years:
The Landlord Retaliation Act (765 ILCS 721/5): Landlords may not take retaliatory action against a tenant in the form of eviction, increased rent, decreased services, threats of lawsuits, or refusal to renew a lease because the tenant has voiced concerns with the property. This includes complaints of code violations to authorities, seeking assistance from community organizations, testifying in court, and more.
Reasons for Eviction in Illinois
Tenants in Illinois can be evicted for failing to pay rent, holding over after the lease expires, violating another lease term, or engaging in criminal activity on the premises.
Nonpayment of Rent
Most commonly, if a tenant fails to pay rent on time, landlords have the right to start the eviction process. However, if the lease term agreement offers a grace period wherein tenants can pay overdue rent without legal action, landlords are obligated to honor it. Afterwards, eviction begins with a 5-day notice to cure or quit, meaning the tenant has the chance to pay the balance in full before the process moves forward.
Violating Lease Terms
If a tenant violates another term of the lease, landlords also have grounds for the eviction process. These can include:
Unauthorized tenants or pets occupying the premises
Disturbing the peace of other tenants
Damage to the property beyond expected wear and tear
Willfully holding over
After a lease's termination, a landlord may file for eviction if the tenant refuses to leave the premises (referred to as "holding over" or a "holdover tenant"). Landlords must first deliver a 30-day notice to move out, but if the tenant refuses to vacate after this time period, eviction is the next step (735 ILCS 5/9-202).
In Chicago, lease violations are slightly different: landlords must serve a 10-day notice to cure or quit the premises, meaning the tenant has a window of time to remedy the violation before facing eviction. Depending on the violation (health & safety violation, illegal activity, etc.), the timeframe may differ slightly.
Illegal Activity
Criminal activity that violates a law, such as drug violations, also merit evictions. Illinois law states that landlords can evict in the event of verified:
"...unlawful possessing, serving, storing, manufacturing, cultivating, delivering, using, selling, giving away, or trafficking in cannabis, methamphetamine, narcotics, or controlled substances within or upon the premises by or with the knowledge and consent of, or in concert with the person or persons named in the complaint..." (735 ILCS 5/9-118)
Additionally, landlords in Illinois can evict tenants for the illegal possession, use, sale, or delivery of firearms. Violent crimes, such as murder, assault, arson, and kidnapping, are also grounds for eviction.
Landlord serves a five- to ten-day eviction notice, depending on the circumstance.
Landlord files an eviction lawsuit with the court.
Court serves the tenant a summons.
Landlord and tenant attend court hearing and receive judgment.
Tenant gets seven to fourteen days to move out.
Sheriff arrives to forcibly remove the tenant.
It’s important to note that under state law in Illinois, only full payment of the rent demanded waives the landlord's right to terminate the lease and evict the tenant for nonpayment, unless the landlord agrees in writing to continue the lease in exchange for partial rent (735 ILCS § 5/9-209).
However, In Chicago and Cook County, accepting any rent does constitute a waiver of the landlord's right to terminate the lease for the named violation, including nonpayment (Cook County RLTO Section 42-809 (c)(1)(a)).
1. Landlord Serves a Five- to Ten-Day Eviction Notice
When does eviction start in Illinois? If any of the above lease violations occur, the eviction process starts when the landlord serves an Illinois eviction notice and states that the tenant has the appropriate number of days to remedy or cure the violation. There are three possible eviction notices a landlord may send in Illinois:
Rent Demand Notice: 5 days to pay or quit. If rent is unpaid when due, the landlord must deliver this notice stating the amount of unpaid rent required to remedy the breach and the date on which the lease will terminate if it is not paid (not less than five days after receipt of the notice) (735 ILCS § 5/9-209).
Partial payments can be accepted during this five-day period, but they do not interfere with the eviction process unless the landlord agrees to extend the lease in exchange for partial payments. The landlord should include a statement asserting so in the rent demand notice.
Lease Violation Notice: 10 days to quit. If a tenant violates another lease term, the landlord must deliver this notice stating the breach the date on which the lease will terminate. The landlord is not required to give the tenant an opportunity to fix or “cure” the violation (735 ILCS § 5/9-210). Note: In Chicago, a 14-day lease violation notice is required if the tenant creates a condition that materially affects health and safety (Chicago Municipal Code 5-12-130(c)).
Unconditional Notice to Quit: 5 days to quit. This notice gives no opportunity to “cure” the violation and applies if the tenant does any of the following on the leased premises:
Permits and/or takes part in unlawful drug activity
Uses or permits the use of the property for a felony or Class A misdemeanor
The landlord should use the forms provided by the circuit court clerk of the county where the property is located (735 ILCS § 5/9-120; 740 ILCS § 40/11).
Eviction notices can be served to the tenant by an officer/process server or by the landlord themselves. Additionally, notices must be served to the tenant by one of the following methods as per 735 ILCS § 5/9-104, in addition to mailing a copy to the tenant by certified mail:
Delivered to the tenant personally
Left with a person at least 13 years old who lives in the unit
If neither of the above can be done, by posting a copy at the premises
If the person in possession is a squatter, by delivering a copy addressed to “unknown occupants” with anyone at the residence or by posting a copy on the premises
For all evictions, the landlord may recover actual damages and reasonable attorney’s fees.
2. Landlord Files an Eviction Lawsuit with the Court
If the tenant has not cured the breach by the end of the notice period (or if the violation is uncurable and the notice period expires), the landlord can then file an Eviction Complaint (downloadable here) with the Illinois Circuit Court for the county in which the property is located. E-filing is mandatory for most civil cases in Illinois, so landlords will need to fill out the complaint digitally and create an account with an e-filing service provider to file it.
The complaint should state the grounds for the eviction and will include the following information:
The county and case number
The names of both parties
A description/address for the rental property
A statement that the landlord is entitled to possession of the property
An explanation of how the tenant violated the lease
The demands the landlord is making in addition to possession and court costs (e.g., the amount of past rent due, attorney’s fees, etc.)
A checklist of documents that are attached to the Eviction Complaint (e.g., The eviction Demand or Notice, the Affidavit of Service of a Demand or Notice, the written lease agreement, etc.)
The landlord’s signature, address, attorney number (if applicable), and contact information
The landlord may make a monetary claim for overdue rent at the same time as they make the complaint for possession. They will also need to pay a filing fee, which varies by county and claim amount. In Washington County, for example, the filing fee ranges from $104 to $321 depending on the amount being claimed, while in Cook County the fee could be as high as $388.
3. Court Serves Tenant a Summons
The next step in the Illinois eviction process is serving the summons. After the landlord files a claim, the court will issue a summons to be served with a copy of the complaint to the tenant by an officer or process server. The Eviction Summons form (downloadable here) should state the date of the court hearing, which will be held between seven and 40 days after the summons is issued (Ill. Sup. Ct. Rule 101(b)(2)).
To inform the court that they’d like to participate in the case, the tenant must file an Appearance (downloadable here). The Appearance additionally gives the tenant a chance to request a jury trial. Illinois law also allows the landlord to request a jury trial (735 ILCS § 5/9-108).
The tenant is not required to file a written answer to the complaint and can contest the eviction lawsuit at the trial itself. However, if they do choose to file one, the landlord will receive a copy of their Eviction Answer, Defenses, and Counterclaims (downloadable here). On this form, the tenant can deny any of the landlord’s allegations or raise any defense against them (735 ILCS § 5/9-106). The tenant may also present one of the following affirmative defenses:
The tenant is a victim of domestic violence, sexual violence, stalking, or dating violence (so long as the tenant provides either medical, court, or police evidence) (735 ILCS § 5/9-106.2).
The landlord’s claim is based solely or in part on the tenant’s citizenship or immigration status (735 ILCS § 5/9-106.3(a)(1)).
The landlord’s claim is based solely or in part on the tenant’s failure to provide a social security number, information required to obtain a credit report, or another form of identification deemed acceptable by the landlord, and the tenant has already taken possession of the property (735 ILCS § 5/9-106.3(a)(2)).
4. Landlord and Tenant Attend Court Hearing and Receive Judgment
On the day of the eviction hearing, the landlord should bring copies of the lease agreement, the eviction notice with proof of service, the complaint, and any evidence of the lease violation. Both the landlord and tenant will present their cases and any evidence to the judge, who will afterwards issue a judgment.
If the judgment is in the landlord’s favor, the court will issue an Eviction Order (downloadable here) for the landlord’s recovery of the rental premises.
Importantly, the court could delay or stay the order’s execution between 60 and 180 days if it is shown that the landlord has previously given the tenant extensions to pay their overdue rent. The tenant can also vacate a default judgment—an automatic judgment awarded to the landlord if the tenant doesn’t attend the nonpayment trial–and therefore avoid being evicted by paying the entire amount due under the contract (plus reasonable attorney’s fees provided for in the lease) within 30 days. However, they cannot do so more than once within a five-year period (735 ILCS § 5/9-110).
5. Tenant Gets Seven to 14 Days to Move Out
The landlord must request the eviction order to be enforced by the sheriff’s office within 120 days after the judgment is entered. To do so, the landlord will first need to file the eviction order with the local sheriff's office for a fee (e.g., in Cook County, the fee is $60.50). The sheriff will then post the eviction order at the tenant’s residence. If the eviction was for illegal activity or a drug-related action, the execution of the judgment will be no longer than seven days later (735 ILCS § 5/9-120). For other evictions, the tenant may be given one to two weeks of final notice to move out of the unit.
6. Sheriff Arrives to Forcibly Remove the Tenant
If the tenant has not moved out of the unit within the time specified by the eviction order, the sheriff will return to forcibly remove the tenant from the premises. The landlord is not required to store any personal property that the tenant leaves behind.
Evicting a Squatter in Illinois
A squatter is a person who moves into a vacant or abandoned property without getting permission from the owner or paying rent. Squatters can usually be charged as criminal trespassers and be evicted like any other tenant. However, some squatters can receive the right to possession by meeting certain state-determined criteria. In Illinois, squatters must have lived in the property for 20 years (or have color of title and pay property taxes for seven years) to invoke Illinois squatters rights and claim right of possession (735 ILCS § 5/13-101,5/13-105). Their possession must also be:
Hostile/Adverse—The squatter must not have a valid lease with the owner
Actual—The squatter must be actively residing on the property
Open and Notorious—The squatter is openly and obviously living there.
Exclusive—The squatter does not share possession of the property with anyone else.
Continuous—The squatter must hold continuous and uninterrupted possession.
While relatively rare, if a squatter meets all these criteria, they have “color of title”: the right of legal ownership without having a written deed to the property. They can file an action for adverse possession in Illinois to legally obtain the title to the property. However, in most cases, a squatter will not meet the criteria and can be removed. If you think a squatter is living in your vacant property in Illinois, you should:
Call local law enforcement.
Determine whether the person is a trespasser or a squatter.
If the person is a trespasser, they can be removed immediately by a police officer.
If the person is a squatter, you must contact the sheriff’s office.
Send the squatter an eviction notice as per Illinois eviction law.
If the squatter does not vacate the premises by the end of the notice period, file for eviction and follow the typical eviction process.
Only the sheriff can physically remove a squatter from your property. You cannot do so, and neither can a police officer.
This chart shows estimates of the approximate cost of an eviction in Illinois, according to civil procedure in the state and iPropertyManagement. A highly accurate estimate of an eviction is impossible to provide, as cases and circumstances vary so widely. Remember to factor in other losses due to an eviction as well, such as lost rent, time, and stress.
Action
Approximate Cost
Filing fee
Varies by county
Service of court summons
Varies by county; typically ~$50-$60
Service of eviction order
Varies by county
Execution of eviction order by sheriff
Varies by county; typically between $100 and $300.
Legal fees
$500-$10,000
Average locksmith fees
$160
Storage fees for abandoned property
Varies
Tenant turnover costs
Varies
How Long Does an Eviction Take in Illinois?
How long does it take to evict someone in Illinois? The chart below shows an estimate of the duration of each part of the eviction process. Keep in mind that the length of eviction cases varies widely depending on the complexity of the eviction, the court’s current caseload, and whether or not the tenant contests or appeals the lawsuit.
Action
Duration
Eviction notice period
5-10 days
Issuance and service of summons to tenant
Varies
Eviction hearing
7-40 days after filing
Service of eviction order
<120 days after judgment
Time to quit after writ is posted
7-14 days
Total
1-5 months
Eviction Tips for Landlords
The best way to avoid evictions entirely is to take preventative measures so that they don't get to that point in the first place. Some preventative measures include:
Utilize plain language lease agreements with straightforward and jargon-free terminology to ensure that tenants understand your rules & conditions.
Schedule routine inspections to ensure the condition of the property and the tenant's compliance with the lease.
Adhere to reasonable grace periods for your tenants—after all, life happens, and most tenants will aim to quickly remedy the problem.
Keep communication open with your tenants so that they feel comfortable coming to you with issues in the future. This will build the foundation of a healthy landlord-tenant relationship and make check-ins less intimidating.
Never rush toeviction, and be willing to work issues out with your tenants whenever possible (creating payment plans, modifying leases, etc.) before beginning the legal process.
Sometimes, though, eviction is the only option. To ensure the process is smooth and legal, it's best to:
Adhere to all rules and deadlines as closely as possible. Errors can weaken your case and result in legal fines, penalties, and/or delays in the process.
Never perform a "self-help" eviction, in which you forcibly remove the tenant via changing the locks, shutting off utilities, or removing tenant belongings, as there are laws in place to protect tenants from this.
Consult legal professionals throughout the eviction. If possible, hire an attorney to handle the case in your place. They can help make the process as stress-free as possible with their legal knowledge and expertise.
Utilize property management software to simplify your day-to-day. It can send you notifications regarding which tenants have paid rent and which haven't each month—an invaluable asset for managing multiple properties. Plus, its automatic documentation can your prep for your legal proceedings with ease.
Keep thorough records before, during, and after the eviction process. Documentation of communication, payment, fees, and violations are all highly recommended, as they can potentially be used in court.
Conclusion
The eviction process in any state can be long and complex, so hiring an eviction attorney is advised in most cases. It’s also important to note that municipalities and local governments often have stricter laws and requirements for landlords, so be sure to check local statutes as well as state ones. By thoroughly reviewing the legal procedures and Illinois laws on eviction, you can feel more confident pursuing an eviction in this state.
FAQs
How long does the eviction process take in Illinois?
It can take anywhere from 1 to 5 months, depending on the tenant's cooperation and the timeliness of the legal process.
Can a landlord remove a squatter without going through the eviction process?
No, even if the person has never had a lease. Only after the legal eviction process can a sheriff physically remove squatters from a property.
How much notice must a landlord give before filing for eviction in Illinois?
It depends on the situation, but typically a landlord must give a 5-day notice for unpaid rent, a 10-day notice for lease violations, and a 5-day notice for criminal offenses.
What if the tenant doesn't attend the eviction court hearing?
If the tenant doesn't attend the hearing, the landlord may be awarded a default judgement, which allows the eviction process to continue without the tenant's input.
Can a tenant stop an eviction by paying overdue rent?
Yes — If the tenant pays the owed amount in full before the court date, payment of overdue rent can stop an eviction in many cases (unless the landlord refuses and there is no written agreement to continue the lease).
Illinois Court Forms – This page provides links to the various forms required in landlord-tenant court, all of which have been approved by the Supreme Court Commission on Access to Justice and must be accepted in all Illinois courts.
