Illinois Eviction Process
Court: Circuit Court of the county where property is located
(uncontested)
(contested)
Notice Types
5-Day Notice to Pay Rent or Quit
5 calendar days. Chicago RLTO: notice must also include tenant's right to contact legal aid.
10-Day Notice to Cure or Quit
Chicago RLTO: must cite specific ordinance section violated. Statewide: specify the breach.
30-Day Notice to Terminate
For month-to-month tenancy. Must align with rental period end date.
7-Day Notice to Quit (Illegal Activity)
For illegal activity, gang activity, or drug offenses on premises.
Step-by-Step Process
Serve written notice
Personal delivery, leave with adult at premises, or post + mail. Keep proof of service.
Wait for notice period +5 days
5 calendar days for nonpayment. 10 days for violations. 30 days for no-fault.
File eviction complaint (Forcible Entry and Detainer) +1 days
File at Circuit Court. Attach lease, notice, and proof of service. Pay filing fee.
Summons issued and served +3 days
Court issues summons. Process server or sheriff serves tenant. Return date set.
First court date (return date) +7 days
Both parties appear. Judge may rule or continue. Uncontested cases often resolved here.
Trial if contested +14 days
If tenant disputes: trial scheduled within 2-6 weeks. Chicago: may be longer due to court backlog.
Judgment and Order of Possession +1 days
Judge issues order of possession. May allow stay for payment or moving.
Writ of Eviction / Order of Possession executed +7 days
Sheriff or court officer executes writ. Tenant must vacate. Sheriff fee varies.
Key Warnings
- Chicago RLTO (Municipal Code Ch. 5-12): notice must cite specific ordinance section. Non-compliant notice is voidable.
- Chicago requires landlord registration and compliance with RLTO disclosure requirements before eviction.
- Self-help eviction is illegal (735 ILCS 5/9-101 et seq.). Criminal trespass liability.
- Chicago has a mandatory mediation program — check current requirements.
- Evanston and some other suburbs have local tenant protection ordinances.
Court & Filing Details
| Court | Circuit Court of the county where property is located |
|---|---|
| Filing Fee | $200–$350 depending on county and claim amount |
| Statute | 735 ILCS 5/9-201 et seq. (Forcible Entry and Detainer); Chicago Municipal Code §5-12 (RLTO) |
| Find the Court | Circuit Court of the county where property is located (Cook County for Chicago) |
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