The DuPage County eviction process runs through the 18th Judicial Circuit Court under the Illinois Eviction Act, and it moves in a fixed sequence: the landlord delivers the correct written notice, waits for the notice period to expire, files an eviction complaint, has the tenant served with a summons, proves the case at a hearing, and then relies on the DuPage County Sheriff to carry out the order of possession. Skip a step, use the wrong notice, or botch service, and the clock starts over. Changing locks or cutting off utilities to force a tenant out is illegal in Illinois and exposes the landlord to damages that usually dwarf the unpaid rent.
Grounds and the Right Notice to Match
Illinois law lists the circumstances that let a landlord file: nonpayment of rent, a material lease violation, holding over after the lease ends, or holding over after a proper termination of a month-to-month tenancy.1Illinois General Assembly. Illinois Code 735 ILCS 5/9-102 – When Action May Be Maintained The reason you are evicting dictates which notice you send, and sending the wrong one is one of the fastest ways to lose the case.
Five-Day Notice for Unpaid Rent
When a tenant falls behind, the landlord serves a five-day notice stating the amount owed and warning that the lease ends if the full balance is not paid within five days of service.2Illinois General Assembly. Illinois Code 735 ILCS 5/9-209 – Demand for Rent Pay every dollar demanded within those five days and the notice is dead; the landlord cannot proceed to court on it.
Partial payments are trickier. If the notice specifically states that only full payment will waive the right to terminate, and the tenant pays only part of the balance, the landlord can treat the lease as terminated and file suit.2Illinois General Assembly. Illinois Code 735 ILCS 5/9-209 – Demand for Rent Without that language, accepting a partial payment can create ambiguity that costs the landlord the case.
Ten-Day Notice for Lease Violations
For lease breaches other than rent, the landlord issues a ten-day notice to quit that describes the specific violation and warns that the tenancy ends if the problem is not corrected in ten days.3Illinois General Assembly. Illinois Code 735 ILCS 5/9-210 – Notice to Quit Unlike a rent demand, where paying cures the problem, courts have more discretion in judging whether a lease violation has actually been fixed.
Thirty-Day Notice to End a Month-to-Month Tenancy
If the landlord simply wants to end a month-to-month arrangement without alleging fault, a thirty-day written notice is required.4Illinois General Assembly. Illinois Code 735 ILCS 5/9-207 – Termination of Tenancy No notice is needed when a fixed-term lease expires on its own and the landlord does not want to renew; if the tenant stays past the expiration date, the landlord can proceed directly to filing.
How to Deliver the Notice
Illinois allows three service methods: handing the notice directly to the tenant, leaving it at the property with someone at least 13 years old who lives there, or sending it by certified or registered mail with a return receipt. If no one is in possession of the premises, the landlord can post the notice on the property. The notice must identify the landlord, the tenant, and the leased property clearly.
Keep proof of whatever method you use. If the tenant challenges service in court, documentation of when and how delivery happened is what saves the case. Cases get dismissed over sloppy service, and that means starting the notice period from zero.
Filing the Eviction Complaint
Once the notice period runs out without a cure or a move-out, the landlord files an eviction complaint with the 18th Judicial Circuit Court. Illinois uses a standardized complaint form that every circuit court must accept, though DuPage County may require additional local information, so confirm with the circuit clerk before filing.5Illinois Courts. Eviction Complaint Form6Office of the Illinois Courts. Eviction Standardized Forms
The complaint asks for the property address, every defendant’s name, the basis for the eviction, and the amount of any unpaid rent. Check the “Unknown Occupants” box if other people live in the unit whose names you do not know; the sheriff will only remove unnamed occupants when that box is checked.5Illinois Courts. Eviction Complaint Form A summons has to go in with the complaint so the tenant gets official notice of the lawsuit and court date.
All filings go through the statewide eFileIL system, which DuPage County adopted in 2019.718th Judicial Circuit Court Clerk DuPage County Illinois. DuPage County E-filing Information The complaint and summons upload as separate PDFs. When the clerk accepts the filing, the system assigns a case number, courtroom, and hearing date.
Fees and Fee Waivers
DuPage County posts its current filing fees on the circuit clerk’s website, and extra fees apply if either side demands a jury trial. The amounts change, so pull the current schedule before filing.718th Judicial Circuit Court Clerk DuPage County Illinois. DuPage County E-filing Information
Illinois offers a sliding-scale fee waiver for people who cannot afford to pay. A full waiver is available to anyone receiving means-tested benefits such as SNAP, TANF, or SSI, or with income at or below 125% of the federal poverty level, which for a single person in 2026 is roughly $19,950. Partial waivers of 75%, 50%, and 25% apply at successively higher income tiers up to 200% of the poverty level.
Serving the Summons
After the complaint is filed, the summons has to be formally served on the tenant for the court to have jurisdiction. Most landlords use the DuPage County Sheriff’s Office, though the court can authorize a licensed private process server. Whoever serves the papers files a return of service documenting the date, time, and location of delivery. If the first attempt fails, the landlord has to request an alias summons for another try. No hearing moves forward without proof of proper service.
The Hearing
Eviction hearings happen at the DuPage County Courthouse at 505 North County Farm Road in Wheaton.8Office of the Illinois Courts. 18th Judicial Circuit Court Cases are typically grouped into a morning or afternoon call where a judge handles multiple matters in sequence. The landlord presents the lease, the notice and proof of service, and documentation of any unpaid rent. Payment ledgers and bank records carry real weight.
The tenant then responds. The judge may grant a short continuance if either side needs time to gather evidence or consult an attorney. If the landlord proves the case, the court enters a judgment for possession and, where applicable, a money judgment for unpaid rent or damages.
Either party in a residential eviction can demand a jury trial, and any jury trial waiver in the lease is unenforceable under Illinois law.9Illinois General Assembly. Illinois Code 735 ILCS 5/9-108 – Jury Trial A jury demand adds cost and time, so most residential cases resolve before a judge alone, but the right exists.
Mediation Through the 18th Judicial Circuit
The 18th Judicial Circuit runs a free, confidential residential eviction mediation program where a neutral mediator helps the parties negotiate an alternative to a full eviction. A judge can order the parties into mediation, and if mediation does not produce an agreement, the court case moves forward as scheduled.1018th Judicial Circuit Court. Eviction Mediation Program Sessions currently take place over Zoom, and if a judge orders mediation in your case you will receive a session date and a post-mediation court status date. For tenants facing eviction over unpaid rent, mediation is often the best shot at a payment plan that avoids a judgment on the record.
Tenant Defenses
Tenants have options at the hearing. Proof of payment is the most direct, but Illinois law recognizes several others. A tenant can argue that serious habitability problems justified withholding rent, or that the landlord failed to follow the notice requirements. Procedural defects in the notice itself or in how it was served are common and can result in dismissal.
Retaliation is another defense. Under the Landlord Retaliation Act, a landlord cannot terminate a tenancy, raise rent, or cut services because a tenant complained to a government agency about code violations, joined a tenants’ organization, requested legally required repairs, or exercised any other right under the law. A tenant who proves retaliation can recover up to two months’ rent or twice their actual damages, whichever is greater, plus attorney’s fees.11Illinois General Assembly. Illinois Code 765 ILCS 721 – Landlord Retaliation Act A landlord can defeat a retaliation claim by proving a legitimate, non-retaliatory basis for the eviction, but the timing of the filing relative to the tenant’s protected activity matters.
Order of Possession and Sheriff Enforcement
When the court rules for the landlord, it enters an order of possession that states when the tenant has to leave. The judge has discretion over how much time to allow. If the tenant does not vacate by that date, the landlord takes the signed order to the DuPage County Sheriff’s Office Civil Division. Only a sheriff’s deputy can physically remove occupants; a landlord who tries to do it personally faces serious legal consequences.
The sheriff schedules the eviction based on its caseload and coordinates timing with the landlord. On the day of enforcement, have a locksmith ready to change the locks once the deputy clears the unit. One deadline matters: an eviction order expires 120 days after it is entered, and if the landlord has not enforced it by then, the order is no longer valid unless the court grants an extension.12Illinois General Assembly. Illinois Code 735 ILCS 5/9-117 – Enforcement of Judgment
Self-Help Evictions Are Illegal
This is where landlords get themselves into the most expensive trouble. Illinois prohibits landlords from cutting off utility service to force a tenant out, including by stopping payment on master-metered buildings or tampering with equipment. The only exceptions are genuine emergencies like gas leaks and temporary shutoffs for building repairs after seven days’ written notice to each tenant.13Illinois General Assembly. Illinois Code 765 ILCS 735 – Rental Property Utility Service Act
The penalties are steep. A tenant whose utility service is illegally terminated can recover a full abatement of rent for every month the service was out, plus consequential damages like temporary housing and spoiled food, with additional statutory damages available if the landlord acted with deliberate indifference or bad faith.13Illinois General Assembly. Illinois Code 765 ILCS 735 – Rental Property Utility Service Act Changing the locks without a court order exposes the landlord to claims for wrongful eviction and other tort liability. The formal process exists so landlords can avoid these outcomes.
Sealing Eviction Records
An eviction filing can follow a tenant for years on tenant screening reports, even when the landlord’s case had no merit. Illinois law gives courts the power to seal eviction records in certain situations. A judge has discretion to seal the file when the landlord’s case was sufficiently without factual or legal basis that sealing serves the interests of justice, and sealing is mandatory in some situations, including evictions brought under certain condominium conversion provisions and cases dismissed under specific statutory grounds.14Illinois General Assembly. Illinois Code 735 ILCS 5/9-121 – Sealing of Court File If you won your eviction case or had it dismissed, ask the court to seal the record. A sealed file will not appear on standard screening reports.