How to Evict a Tenant in Illinois

In Illinois, you can evict someone for failure to pay rent, violating the rental agreement, refusing to leave the unit after the rental agreement comes to an end, or damaging the property. You cannot evict someone for any reason that could be deemed discriminatory or retaliatory.

1. Serve written notice

In Illinois, the law states that you must serve a tenant with written notice if you are planning to evict. The amount of notice you give will depend on the reason for eviction.

If the tenant has not paid rent, you must give five days' written notice to pay rent. The notice must let the tenant know that they have five days to pay rent or leave before the eviction process will continue. We’ve created a template for this kind of notice that you can customize and use here.

If the tenant has violated the rental agreement another way, you must give 10 days' written notice to perform or quit. State law does not require you to give the tenant the chance to fix the problem, but some city ordinances differ. Check your city law to be sure. The notice must let the tenant know that they have 10 days to leave or, in certain cities, fix the violation before the eviction process will continue. (Here's a template).

2. File papers with the court

If the notice period comes to a close and the tenant has not paid rent or vacated, you can file a complaint and summons with the court in the county where the unit is located. The court will accept the complaint and schedule a date for a hearing, notifying the tenant of the date of the hearing and giving them copies of the summons and complaint.

3. Go to court

Once a court date is set, you and the tenant will appear in front of a judge. The judge will hear from both of you and make a decision based on the information presented to him. It's good to have a much evidence as possible; bring proof that you followed the legal steps for eviction exactly.

If the judge rules in your favor, the court will demand that the tenant vacate the property within an amount of time determined by the judge. If the tenant still does not leave, the court will issue a court order allowing a sheriff to physically remove the tenant.

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