This guide provides essential details on the process of eviction within the state of Illinois. It highlights the required steps for landlords looking to regain control of their leased property. In addition, this page provides a comprehensive outline of the rights and protections for tenants during the eviction process. This resource is beneficial for both the landlords and tenants in Illinois, aiding them in navigating through the eviction procedures and ensuring an equitable and streamlined process.
Reasons for Eviction in Illinois
- Lease violations
- Nonpayment of rent
Notice to Vacate
For nonpayment of rent, landlords must provide a five-day cure or quit notice.
Notice to Comply
If the tenant has violated the terms of their lease, the landlord must deliver a 10-day notice to cure or vacate. If lease violations are not fixed after 10 days, formal eviction proceedings can begin.
Learn more about the eviction process, including the average cost.
Serving the Tenant
The appropriate notice must be provided to the tenant.
If the violation is uncured and the tenant remains on the property, then the complaint, summons, and answer form must be served to them by a sheriff or by a process server.
Tenant Possessions
Landlords must hold or store any valuable personal property for seven days before throwing it away. Tenants must receive notice of an itemized list of the items the landlord is holding, for how long, and the location where the tenant can retrieve their belongings. If something of value is left behind, such as a car, the landlord must report it to local law enforcement as abandoned property.
County-Specific Eviction Laws
Cook County
Landlords must provide a five-day notice for nonpayment of rent. Tenants have a one-time right to pay and stay. If the tenant pays the rent and any filing fees the landlord has incurred at any time during an eviction process, the landlord must accept the rent, drop the eviction action, and the tenant can stay on the premises. This law does not apply to owner-occupied units with six or fewer units.
In Evanston, landlords must give 10-day notice for nonpayment of rent.
Landlords must give a 10-day notice to cure or quit for lease violations.
If the landlord doesn’t plan to renew the lease and their tenant has lived in the unit for less than three years, they must be given 60 days’ notice.
Residents who have lived in the unit for over three years must receive a 120-day notice.
Chicago
Landlords serving a five-day notice for non-payment of rent must include the following: “Only FULL PAYMENT of the rent demanded in this notice will waive landlord’s right to terminate the lease” (unless the landlord agrees to partial payments). If this language is not included in the notice, the tenant can pay part of the rent within five days and stay in the unit.
Tenants have a one-time right to pay and stay. If the tenant pays the rent and any filing fees the landlord has incurred at any time during an eviction process, the landlord must accept the rent, drop the eviction action, and the tenant can stay on the premises. This law does not apply to owner-occupied units with six or fewer units.
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Eviction Timeline
Below you’ll learn the average timeline for a complete eviction in Illinois. This projected timeline could change based on the complexities of your specific case.
Typically, it takes anywhere between two to 12 months days for the Illinois eviction process.
How to Start the Eviction Process in Illinois?
Begin by posting a five or 10-day eviction notice. If the violation is uncured and the tenant remains on the property, the complaint, summons, and answer form must be served to the tenant(s) by a sheriff or by a process server. If the tenant doesn’t answer the complaint and pay the filing fee within the timeframe, the matter is done. The landlord will receive an order for a Writ of Execution.
If the tenant answers the complaint and pays the filing fee, a hearing is scheduled. The hearing will be held wherein settlement between the parties will be encouraged. If no settlement takes place, a jury trial will be scheduled.
If a trial is held and the landlord prevails, an eviction order is granted. The eviction order goes to the sheriff in the county where the property is located and a formal eviction is scheduled. The sheriff will walk the tenant(s) out of the house and belongings will be placed on the curb on the eviction date. Removal of personal property from the house will be the landlord’s responsibility if the tenant does not do it themselves. Then, possession of the property will be returned to the landlord.
How to Stop the Eviction Process in Illinois?
The landlord can file a motion to dismiss eviction proceedings.
How Long is the Eviction Process in Illinois?
An Illinois eviction can be completed in two to five months, depending on the reason, if the tenant contests it, and court scheduling. In Cook County, evictions can take anywhere from two to 12 months or longer to complete.