An Illinois eviction is a court case. Before a landlord can remove a tenant who won’t leave, the landlord has to give the right written notice, file a case, win it, and have the sheriff enforce the order [1]. Each step has its own deadline.
At a glance
- Unpaid rent
- 5-Day Notice [1]
- Other lease violation
- 10-Day Notice [1]
- Ending a month-to-month tenancy
- 30-Day Notice [1]
- Service before first court date
- 3 days; 7 days in Cook County [1]
- Who removes the tenant
- Only the sheriff, with a court order [1]
| Notice | Used when | Wait before filing |
|---|---|---|
| 5-Day Notice | Unpaid rent | 5 days after service |
| 10-Day Notice | Lease violation other than rent | 10 days after service |
| 30-Day Notice | Ending a month-to-month tenancy | 30 days after service |
The eviction timeline
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Landlord serves a written notice 5, 10 or 30 days
5 days to pay overdue rent, 10 days for other lease violations, or 30 days to end a month-to-month tenancy. The day of service doesn't count; if the last day is a weekend or court holiday, it rolls to the next business day. If the tenant offers the full rent demanded within the 5 days, the landlord must accept it and can't file.
Illinois Courts, How to File & Present an Eviction Case, Step 1
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Landlord files an eviction complaint The day after the notice period ends
Filed with the circuit clerk in the county where the property is (in Cook County, the municipal district). The landlord attaches the notice and proof it was served. Filing early can get the case dismissed.
Illinois Courts, Steps 1-2
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Sheriff serves the tenant At least 3 days before court (7 in Cook County)
The summons gives the court date. If personal service fails, the sheriff can serve by posting, at least 10 days before the court date.
Illinois Courts, Step 3
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Court date and trial On the return date, or later if continued
The judge may hear the case that day or continue it, for example if the tenant asks for time to get a lawyer or demands a jury. Both sides can testify and show documents.
Illinois Courts, Step 4
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Eviction order Sets a move-out date
If the landlord wins, the order gives possession and a date and time by which the tenant must move. It can also award rent due and court costs.
Illinois Courts, Step 4
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Sheriff enforces the order Only after the move-out date passes
The landlord takes the order to the sheriff. Only the sheriff can remove a tenant; changing locks or cutting utilities without a court order is against the law.
Illinois Courts, Overview and Step 5
Step 1: the notice
The kind of notice depends on why the landlord wants the tenant out [1]:
- Unpaid rent: 5-Day Notice. It demands the overdue rent within 5 days. If the tenant offers the full amount demanded within the 5 days, the landlord must accept it and can’t file. If the landlord takes the full amount after the 5 days but before filing, the landlord can’t file either.
- Another lease violation: 10-Day Notice. It should say what the violation was and when it happened. Some local laws and leases give the tenant a chance to fix (“cure”) the problem.
- Ending a month-to-month tenancy: 30-Day Notice. A tenant with no written lease usually has a month-to-month tenancy, so the notice should be served at least 30 days before the end of a rental month.
A notice can be handed to the tenant, handed to someone 13 or older who lives there, or sent by certified or registered mail with a return receipt. It can only be posted on the door if no one lives there [1].
Steps 2 and 3: filing and service
The landlord files an eviction complaint and summons with the circuit clerk in the county where the property is. In Cook County it’s filed in the municipal district where the property is [1]. A corporation or LLC that owns the property must use a lawyer, and a property manager can’t file for the owner [1].
| Case type | Filing fee | Tenant's appearance fee |
|---|---|---|
| Eviction (possession only) | $287 | $150 |
| Joint action (possession and rent) | $379 | $250 |
Either side who can’t afford court fees can ask the court to waive them [1].
The sheriff (or a special process server) has to serve the tenant at least 3 days before the first court date, or 7 days in Cook County. If the tenant can’t be found after real effort, the sheriff can serve by posting notices at least 10 days before the court date [1].
Step 4: court
On the court date, which may be in person, by phone or by video, the judge may hear the case or continue it. Common reasons for a delay are problems with service, a tenant asking for time to get a lawyer, or a tenant asking for a jury [1].
If the landlord wins, the eviction order sets a date and time by which the tenant must move out. It can also order rent due and court costs. If the landlord loses, the case is dismissed [1].
Step 5: the sheriff
If the tenant hasn’t left by the date in the order, the landlord takes the order to the sheriff’s office. Only the sheriff can carry out the eviction, and the landlord or someone for them has to be there when it happens [1].
Chicago has extra rules
Chicago has its own landlord-tenant ordinance, with additional notice requirements and tenant protections that the statewide steps above don’t cover [1]. Chicago landlords and tenants should check the City of Chicago Department of Housing’s renter resources before serving or responding to a notice.
Where to get help
- Illinois Court Help: call or text 833-411-1121, or visit ilcourthelp.gov [1].
- Illinois Legal Aid Online (illinoislegalaid.org): free guides and help finding a legal aid lawyer.
- Illinois Supreme Court approved forms: free eviction forms at ilcourts.info/forms [1].
Sources
Common questions
Can a landlord in Illinois change the locks to get a tenant out?
No. The only legal way to remove a tenant who won't leave is a court case, an eviction order and the sheriff. Changing locks, shutting off utilities or other self-help is against the law.
What is a 5-day notice in Illinois?
A written demand for overdue rent. The tenant has 5 days to pay in full. If the tenant offers the full amount demanded within those 5 days, the landlord has to accept it and can't file an eviction case for that rent.
How much notice before an eviction court date in Cook County?
The tenant has to be served at least 7 days before the first court date in Cook County, and at least 3 days in the rest of Illinois.