How to Evict a Tenant in Illinois (2026)
The legal steps for landlords in Illinois — the notice, the court case, costs, timeline and the mistakes that get cases thrown out — with the statute or official page behind each step.
Short answer: In Illinois a landlord must give the required written notice, file an eviction case in court if the tenant doesn't pay or leave, win a judgment, and have a sheriff or other officer carry out the removal. Changing the locks or removing belongings yourself is not allowed.
Step 1: Have a legal reason and give the right notice
| Unpaid rent | Written demand giving not less than 5 days after service to pay; if unpaid, landlord may end the lease and file for eviction. To keep partial payments from invalidating the notice, it must state that only FULL PAYMENT waives the right to terminate. Source: 735 ILCS 5/9-209 |
|---|---|
| Lease violation | 10 days' written notice to quit after default in any lease term (other than rent). Source: 735 ILCS 5/9-210 |
| Ending a month-to-month tenancy (no fault) | Landlord: 30 days' written notice for any tenancy under one year (other than week-to-week); 7 days for week-to-week; 60 days for year-to-year. Tenant: no statute specifies; the AG says a 30-day written notice is normally sufficient unless the lease requires more. Source: 735 ILCS 5/9-207, 9-205 |
Local rent-control or just-cause rules can limit evictions: No statewide rent control, and home rule units are preempted from regulating the amount of rent charged for private residential or commercial property.
Step 2: Write and deliver the notice correctly
| What the notice must say | Written demand for the rent due stating that unless payment is made within a stated time of not less than 5 days after service the lease will be terminated. So that partial payments do not invalidate it, the notice must prominently state: "Only FULL PAYMENT of the rent demanded in this notice will waive the landlord's right to terminate the lease under this notice, unless the landlord agrees in writing to continue the lease in exchange for receiving partial payment." Service: hand delivery to the tenant; leaving it with a person 13 or older residing on or in possession of the premises; certified or registered mail with return receipt; or, if no one is in actual possession, posting on the premises. |
|---|---|
| How it must be delivered | A demand or notice may be served by: (1) handing a written or printed copy to the tenant; (2) leaving it with a person 13 or older who lives on or is in possession of the premises; (3) certified or registered mail with a return receipt from the tenant; or (4) if no one is in actual possession, posting it on the premises. No statute provides for e-mail or text service. Source: 735 ILCS 5/9-211 |
Notice forms:
- Illinois notice to pay rent or quit — requirements and free draft
- Illinois notice to end a month-to-month tenancy — requirements and free draft
- Notice of Termination for Non-Payment of Rent (Illinois Supreme Court statewide form) (official)
- Notice of Termination for Lease Violation (official)
- Notice of Non-Renewal of Lease or Termination of Tenancy (official)
- Affidavit of Service of a Demand or Notice (official)
- Motion to Remove Eviction Court File from Public Record (official)
- Illinois Courts eviction self-help forms page (official)
Step 3: File the eviction case and go to the hearing
Eviction cases in Illinois are heard in: Circuit Court of the county where the property is located.
- Serve written notice: 5-day demand for rent, 10-day notice for lease violation, or 30-day (month-to-month) / 7-day (week-to-week) / 60-day (year-to-year) termination notice
- File an eviction complaint; the clerk issues a summons (residential eviction summons must include the Court-Based Rental Assistance notice in English and Spanish)
- Hearing/trial on the return date; tenant may have a jury trial and present defenses
- Eviction order (judgment for possession and any rent)
- Order is filed with the sheriff for enforcement; it expires if not enforced within 120 days unless extended
- Sheriff carries out the eviction (only the sheriff may physically remove the tenant)
Court timing: The summons sets a court (appearance) date not less than 7 or more than 40 days after it is issued. The tenant must appear at the time and place on the summons. A written answer is not required unless the court orders one; if none is ordered, the complaint's allegations are treated as denied and any defense may be raised at trial.
How long it takes to evict a tenant in Illinois
For unpaid rent, the notice period is 5 days; after that comes the court process (filing, service, the tenant's answer and a hearing), then the final order and removal by an officer. Uncontested cases move fastest; a contested case, an appeal or a crowded court adds weeks. See how long evictions take in every state.
How much it costs to evict a tenant in Illinois
Court filing and service fees are set locally. Verified fees in the largest Illinois counties:
| County | Filing and service fees |
|---|---|
| Cook County (Chicago) | Joint action (possession and rent): $379 filing; Eviction (possession only): $287 filing. Defendant appearance fee: $250 (joint action) / $150 (possession only). A statutory mailing fee plus postage per defendant is added. |
| DuPage County (Wheaton) | Residential eviction: $300 filing; residential possession of premises only: $130. Defendant appearance: $150 (possession only) / $230 (all other eviction cases). No fee if filed by a government agency. |
| Lake County (Waukegan) | Residential eviction: $359 filing; residential possession only: $189. Defendant appearance: $214 ($134 possession only). (Commercial: $284 / $114.) |
| Kane County (Aurora / Elgin / Geneva) | Residential eviction: $314 filing; residential possession only: $144. Defendant appearance/answer: $244 ($164 possession only). Jury demand $212.50. (Commercial: $314 / $144.) |
| Will County (Joliet) | Eviction - possession only: $144 filing; eviction - possession & rent: $314. Defendant appearance: $164 (possession-only cases) / $244 (possession & rent). |
| Winnebago County (Rockford) | Residential eviction: $292 filing; residential possession only: $117. Defendant appearance: $217 ($137 possession only). Jury demand $106.25 (6-person) / $212.50 (12-person). (Commercial: $292 / $117.) |
| Champaign County (Champaign / Urbana) | Residential eviction: $306 filing; residential possession only: $89. Appearance/answer: $109 (residential eviction under $15,000) or $181 (residential $15,000 and over, commercial, ejectment). (Commercial eviction filing: $306.) |
| St. Clair County (Belleville / East St. Louis) | Eviction: $266 filing; possession only: $91. Residential cases add a $100 mediation fee (residential: $366; residential possession only: $191). Defendant appearance: $189 ($109 possession only). |
| Madison County (Edwardsville / Granite City / Alton) | Eviction (not possession only): $264 filing; possession only: $94. Defendant appearance: $194 ($114 possession only). Sheriff service of an eviction: $142. |
Add the cost of a lawyer if you hire one, lost rent during the case, and any writ or officer fee to remove the tenant.
Evicting someone without a lease (family member, roommate, guest or squatter)
| Someone with no written lease who pays rent (month-to-month / at will) | Landlord: 30 days' written notice for any tenancy under one year (other than week-to-week); 7 days for week-to-week; 60 days for year-to-year. Tenant: no statute specifies; the AG says a 30-day written notice is normally sufficient unless the lease requires more. Source: 735 ILCS 5/9-207, 9-205 |
|---|---|
| Someone who was never a tenant (squatter / unauthorized occupant) | No special affidavit or fast-track removal statute. The owner uses the regular eviction (forcible entry and detainer) case, which covers peaceable entry with possession unlawfully withheld and entry into vacant or unoccupied property without right or title. Since Jan. 1, 2026, the eviction article expressly says it does not stop police from enforcing criminal trespass (720 ILCS 5/21-3) or removing persons or property when there is a criminal trespass. |
Mistakes that get eviction cases dismissed — or get landlords sued
| Changing locks / shutting off utilities | Self-help eviction not allowed: a landlord must go to court and may not evict by turning off utilities, locking the tenant out, changing locks, or removing belongings; only a sheriff may physically evict. |
|---|---|
| Retaliation | Landlord may not knowingly terminate, raise rent, decrease services, sue or threaten to sue for possession, or refuse to renew because the tenant in good faith complained of code violations to government or a community organization, requested repairs, joined/organized a tenants' union, testified about conditions, or exercised any legal right. Rebuttable presumption of retaliation if protected activity occurred within one year before the landlord's act. Remedies: defense to eviction, termination, recovery of possession, and the greater of 2 months' rent or 2 times damages, plus attorney's fees. |
| Accepting rent after the notice | Partial payment does not invalidate the 5-day notice. Payments of past-due rent that do not add up to the full amount demanded by the end of the notice period leave the notice valid, but only if the notice prominently states: 'Only FULL PAYMENT of the rent demanded in this notice will waive the landlord's right to terminate the lease under this notice, unless the landlord agrees in writing to continue the lease in exchange for receiving partial payment.' Full payment within the notice period ends the right to terminate under that notice. The landlord may agree in writing to continue the lease in exchange for partial payment. Collecting past-due rent after the eviction suit is filed does not invalidate the suit. Source: 735 ILCS 5/9-209 |
Federal rules that can change the process
- Servicemembers Civil Relief Act: eviction protection: A landlord may not evict a covered servicemember or their family during military service without a court order. When the servicemember's ability to pay is materially affected by service, the court must on request stay the case for 90 days or adjust the lease. Knowingly evicting without a court order is a federal misdemeanor. More
- VAWA housing protections: An applicant or tenant cannot be denied, evicted or cut off from assistance because they are or were a victim of domestic violence, dating violence, sexual assault or stalking. The abuse cannot be treated as a serious lease violation by the victim. The landlord may 'bifurcate' (split) the lease to evict the abuser and keep the victim housed. Covered programs must also have an emergency transfer plan. A transfer is available on request if the tenant reasonably fears imminent harm, or if a sexual assault happened on the premises within the prior 90 days. More
- CARES Act 30-day notice to vacate (covered dwellings): The landlord of a covered dwelling may not require the tenant to leave until 30 days after giving a notice to vacate. The 120-day filing moratorium in the same section expired in July 2020, but the 30-day notice subsection has no expiration date in its text. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): Before filing an eviction for nonpayment, the landlord must give written notice at least 30 days in advance. The notice must itemize the rent owed by month, explain how to pay it off and by what date, and explain how to recertify income or request a hardship exemption. The notice cannot be served before the day after rent is due. If the tenant pays the amount owed within the 30 days, the landlord may not file the eviction. More
Illinois eviction FAQ for landlords
How much notice does a landlord have to give to evict for unpaid rent in Illinois?
Written demand giving not less than 5 days after service to pay; if unpaid, landlord may end the lease and file for eviction. To keep partial payments from invalidating the notice, it must state that only FULL PAYMENT waives the right to terminate.
How much does it cost to evict a tenant in Illinois?
Court fees are set locally — for example, Cook County (Chicago): Joint action (possession and rent): $379 filing; Eviction (possession only): $287 filing. Defendant appearance fee: $250 (joint action) / $150 (possession only). A statutory mailing fee plus postage per defendant is added.
Can a landlord change the locks to evict a tenant in Illinois?
Self-help eviction not allowed: a landlord must go to court and may not evict by turning off utilities, locking the tenant out, changing locks, or removing belongings; only a sheriff may physically evict.
How do you evict a tenant without a lease in Illinois?
Landlord: 30 days' written notice for any tenancy under one year (other than week-to-week); 7 days for week-to-week; 60 days for year-to-year. Tenant: no statute specifies; the AG says a 30-day written notice is normally sufficient unless the lease requires more.
← All Illinois landlord-tenant rules · Notice deadline calculator
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.