To evict a family member in Illinois, you serve them a written notice ending their tenancy, file an eviction complaint in the circuit court for the county where the property sits if they don’t leave, and then wait for the sheriff to enforce the judge’s order. Even a relative who pays no rent and signed no lease is treated as a tenant once you let them live in your home, so the same legal process that applies to any other tenant applies here. Skipping steps is the mistake that turns a manageable case into a long one.
Your Relative Counts as a Tenant
Illinois landlord-tenant law applies whenever an adult lives in property owned by someone else with the owner’s consent, even without rent or a written lease.1Illinois Legal Aid Online. Landlord-Tenant Laws FAQ A relative who moved in at your invitation, sleeps there regularly, receives mail at the address, or keeps belongings there has established a tenancy. Courts look at behavior, not paperwork.
Without a written lease you’re usually dealing with a tenancy at will or a month-to-month arrangement. That’s not bad news: Illinois lets you end these tenancies without proving your family member did anything wrong. You just have to give the right notice and follow the process.
Pick the Right Written Notice
The notice you use depends on why you want them out. Choosing wrong is the fastest way to get thrown out of court.
30-Day Notice to End the Tenancy
If your family member hasn’t done anything wrong and you simply want them to leave, give 30 days’ written notice. This is the notice most people in this situation will use. It applies to any tenancy shorter than a year on a month-to-month or indefinite basis, and you don’t need to give a reason. If they’ve only been staying week to week, the notice period drops to seven days.2Justia Law. Illinois Code 735 ILCS 5 – Article IX Eviction
5-Day Notice for Unpaid Rent
If your family member agreed to pay rent and has fallen behind, a five-day notice demands payment. The notice must state the exact amount owed and warn that the tenancy ends if they don’t pay within five days. It must also say that only full payment will stop the eviction unless you agree in writing to accept partial payment.3Illinois General Assembly. Illinois Code 735 ILCS 5/9-209 – Demand for Rent Eviction Action Watch the last part: accepting partial rent without a written agreement preserving your right to evict may waive the notice.
10-Day Notice for Lease Violations
When there is a lease and your family member breaks a term of it, a 10-day notice describes the specific violation and tells them to vacate within 10 days.4Illinois General Assembly. Illinois Code 735 ILCS 5/9-210 – Notice to Quit Unlike the five-day notice, this one doesn’t give a chance to fix the problem. It’s a straight termination and also covers criminal activity on the property, though you’ll want evidence like police reports if the case is contested.
How to Serve the Notice
A well-written notice is worthless if it isn’t delivered correctly. Illinois recognizes four methods of service:5Illinois General Assembly. Illinois Code 735 ILCS 5/9-211 – Service of Demand or Notice
- Hand delivery to your family member.
- Substitute service, by leaving the notice with someone at least 13 years old who lives at or is in possession of the property.
- Certified or registered mail with a return receipt requested.
- Posting on the property, but only when nobody is currently occupying it.
Posting trips people up. You cannot tape the notice to the door because your relative won’t answer; posting is for unoccupied property. In a family situation where they still live in the home, hand delivery or certified mail are the reliable options. Keep a copy of the notice and record the date you delivered it. The certified mail return receipt is your proof of service.
Filing the Eviction Case
If the notice period passes and your family member is still there, file a formal eviction complaint (a forcible entry and detainer action) in the circuit court for the county where the property sits.6Illinois General Assembly. Illinois Code 735 ILCS 5/9-102 – Forcible Entry and Detainer Illinois has standardized eviction complaint forms that every circuit court must accept.7Office of the Illinois Courts. Approved Statewide Forms – Eviction
Your complaint identifies the property, names the family member as defendant, states the grounds for eviction, and describes how you served the notice. Attach a copy of the notice and any supporting documents such as payment records or photos of violations. Filing fees vary by county and by whether you’re seeking possession alone or also claiming unpaid rent; your circuit clerk’s office can give the exact figure. Once you file, the court assigns a case number and sets a hearing, usually within a few weeks.
The court then issues a summons telling your family member about the lawsuit and the hearing date. You don’t deliver this yourself. A sheriff’s deputy or a licensed process server does, usually by handing the papers directly to the defendant.8Illinois Courts. Eviction Summons Form If your relative dodges service, the server can leave the summons with someone at least 13 years old at the property and mail a copy to the defendant. If service is defective, a judge will likely dismiss or delay the case.
The Hearing and the Order of Possession
You present your case first. Bring the original notice with proof of service, any lease or written agreement, records of missed payments, documentation of violations, and anything else that supports your grounds. Organize the evidence before you walk in. Eviction judges move quickly.
Your family member gets a chance to respond and raise defenses. The judge usually rules the same day. If they rule for you, the court issues an order of possession stating the address and a specific date and time by which the family member must leave.9Illinois Courts. Eviction Order Form If your family member doesn’t show up, the judge can enter a default judgment.
Defenses to Expect
The defense that works most often is improper notice: the wrong type, incorrect service, or a filing before the notice period ended. A five-day notice that doesn’t state the exact rent owed, for example, is defective and forces you to start over.10Illinois Legal Aid Online. Common Eviction Defenses A family member who recently reported unsafe conditions to a government authority may claim retaliatory eviction, which Illinois law prohibits.11Justia Law. Illinois Code 765 ILCS 720 – Retaliatory Eviction Act If your relative is actually on the deed or has a legitimate ownership interest, an eviction case is the wrong tool; a partition or other civil action is. Family expectations about who “should” own the home don’t create that interest.
Sheriff Enforcement
An order of possession is not a suggestion, and it also isn’t self-executing. If your family member doesn’t leave by the deadline in the order, take a copy to the county sheriff’s office, which schedules the physical eviction. In Cook County that can happen as soon as 24 hours after the order is filed with the sheriff, though scheduling depends on the county and the current caseload.
On the scheduled day, deputies arrive, remove the family member if they’re still present, and turn possession over to you. You aren’t allowed to do the removal yourself. Even after winning, physically removing someone without the sheriff executing the order exposes you to liability.
Don’t Try a Self-Help Eviction
Changing the locks, shutting off utilities, removing belongings, or otherwise pressuring your family member out without a court order is illegal in Illinois.1Illinois Legal Aid Online. Landlord-Tenant Laws FAQ It doesn’t matter that it’s your house or that they pay nothing. Once someone is legally a tenant, only a court can authorize removal. A relative who is locked out or has their belongings tossed can sue you, and judges come down hard on landlords who skip the process. Shortcuts almost always cost more than the court route.
Chicago Adds Rules
Chicago’s Residential Landlord and Tenant Ordinance layers additional requirements on top of state law, including rules about lockouts, notice periods for ending month-to-month tenancies, and a tenant’s right to fix certain lease violations.1Illinois Legal Aid Online. Landlord-Tenant Laws FAQ Some of these protections reach into suburban Cook County. If your property is in the city, check the ordinance’s specific notice and procedural rules before serving anything. Using the state-law minimum when the city requires more can get your case dismissed.