Illinois Eviction Process: Notices, Defenses, and Sheriff Enforcement

The Illinois eviction process runs on strict steps: the landlord serves a written notice, waits out the notice period, files an eviction lawsuit in circuit court, proves the case at a hearing, and — only after a judge issues an order — has the county sheriff carry out the removal. Every step is set by Article IX of the Code of Civil Procedure (the Forcible Entry and Detainer Act), and skipping any one of them is a common reason cases get dismissed.

When a Landlord Can File

Section 9-102 of the Code of Civil Procedure lists the situations that allow a landlord to sue for possession. The reason matters, because it decides which notice must go out first.¹

Nonpayment of rent after a written demand.
Violation of a specific lease term, such as unauthorized pets, property damage, or over-occupancy.
Holdover after the lease expires or is properly terminated.
Illegal activity on the premises, especially drug offenses, which triggers an accelerated timeline.
Unpaid common expenses in a condominium, brought under the Condominium Property Act provisions built into 9-102.

A judge will not grant possession simply because the relationship has soured. The situation has to fit one of these categories.

The Notice That Has to Come First

Before any court filing, the tenant must receive the right written notice and the full notice period must expire. Serving the wrong type, using the wrong method, or filing even a day early is one of the most common ways a case falls apart.

Five-Day Notice for Unpaid Rent

When rent is behind, the landlord serves a five-day notice demanding payment. If the tenant pays the full amount within five days, the lease continues and the landlord cannot go forward on that demand. Partial payments do not save the tenancy unless the landlord agrees in writing to accept them, and the notice must prominently state that only full payment waives termination.²

Ten-Day Notice for Lease Violations

For non-rent breaches, the landlord serves a ten-day notice. This one is not a chance to cure. It terminates the lease and gives the tenant ten days to leave. The notice must describe the specific breach.³

Thirty-Day Notice to End a Month-to-Month Tenancy

For a tenancy of less than a year with no fixed end date, the landlord must give at least 30 days’ written notice. The tenant does not need to have done anything wrong; the landlord is simply ending the arrangement.¹

How the Notice Has to Be Served

Illinois recognizes four methods: personal delivery to the tenant, leaving a copy with someone at least 13 years old who lives on the premises, certified or registered mail with a return receipt, or posting on the property when no one is in possession. Document whatever method is used. The Illinois Supreme Court has approved a standardized affidavit of service for this purpose.⁴

Longer Notice Periods in Chicago and Cook County

Chicago’s Residential Landlord and Tenant Ordinance requires notice periods well beyond state law, and the length depends on how long the tenant has been there:

Tenancy under six months: at least 30 days’ written notice.
Tenancy of six months to three years: at least 60 days’ written notice.
Tenancy over three years: at least 120 days’ written notice.

If the landlord fails to give the required notice, the tenant may remain in the unit for up to 60 days (or 120 days for long-term tenancies) after eventually receiving proper written notice, regardless of what the lease says.⁵

Cook County has its own Residential Tenant Landlord Ordinance with additional protections. In Chicago or suburban Cook County, both the state statute and the local ordinance apply, and when the local rule requires a longer notice, the local rule controls.

Filing the Eviction Complaint

Once the notice period ends without the tenant curing or leaving, the landlord files an eviction complaint with the circuit court. The Illinois Supreme Court has approved standardized complaint and summons forms, free on the Illinois Courts website, and Illinois Legal Aid Online offers a guided “Easy Form” interview to fill them out.⁶

The complaint must include the full legal names of every adult occupant, the address with any unit number, the factual basis for the eviction, and the amount of back rent if applicable. Attach the completed affidavit of service for the original notice.

Illinois requires electronic filing statewide through the eFileIL system.⁷ Fees vary by county and by what the landlord is seeking. In Cook County, a possession-only eviction costs $287 to file, and a joint action seeking both possession and a money judgment runs $368.⁸ Check the local circuit clerk for other counties.

Serving the Summons

After the clerk issues a summons, the tenant has to be formally notified of the lawsuit and court date. The county sheriff typically delivers it. If the sheriff cannot locate the tenant, the court may authorize a licensed special process server, who generally charges between $75 and $200.

Proper service is what gives the court authority over the case. If the tenant never receives notice of the suit, any resulting order can be challenged. Confirm service was completed and documented before the hearing.

The Hearing

At the hearing, the landlord has the burden of proof. That means showing a valid lease or rental arrangement, the specific ground for eviction, and proof that the correct notice was properly served and the full waiting period elapsed. Judges look closely at the notice. A landlord who used the wrong type, the wrong method, or filed too early will lose regardless of how strong the underlying facts are.

Tenants who show up can contest the facts, raise defenses, or negotiate. Many cases resolve through agreed orders where the tenant gets extra time to move in exchange for dropping opposition. A tenant who does not appear risks a default judgment.

Defenses a Tenant Can Raise

Illinois eviction cases move quickly, so defenses have to come in early.

Defective Notice

The most successful defense is often the simplest: the notice was wrong. A five-day notice used for a lease violation. Regular mail instead of certified. A complaint filed before the notice period ended. Any of these can get the case dismissed.

Uninhabitable Conditions

Illinois recognizes an implied warranty of habitability. A tenant sued for nonpayment can argue the landlord failed to keep the property livable and that the rent owed should be reduced to reflect what the unit was worth in its defective state. Photos, written complaints, inspection reports, or code violation notices help prove the landlord knew about the problem. Qualifying conditions are serious: no heat, major plumbing failures, pest infestations, structural hazards.

Discrimination and Retaliation

Federal law prohibits evictions based on race, color, religion, sex (including sexual orientation and gender identity), familial status, national origin, or disability.⁹ Illinois previously had a standalone Retaliatory Eviction Act, but the legislature repealed it. Anti-retaliation protection may still exist under local ordinances; Chicago’s landlord-tenant ordinance, for instance, has its own such provisions.

Domestic Violence

Under the Safe Homes Act, a tenant or household member who is a victim of domestic or sexual violence has an affirmative defense against liability for rent if they vacate because of a credible imminent threat. The tenant must notify the landlord in writing within three days of leaving.¹⁰

The Order and How Long the Tenant Has to Leave

If the judge rules for the landlord, the court enters an eviction order granting possession, and may also enter a money judgment for unpaid rent, late fees, and court costs.¹¹

Illinois has no single default stay period. The statute sets different timelines by case type:

Drug-related or emergency housing cases: stay cannot exceed 7 days.
Criminal activity on the premises: capped at 7 days unless both sides agree to longer.
Condominium assessment cases: at least 60 days, up to 180 days.
Active-duty military members: the court may stay proceedings for 90 days or longer if justice requires.
Standard residential evictions: the judge has discretion, and in practice the stay commonly falls between 7 and 14 days.

These specific periods appear in Sections 9-109.7, 9-118, 9-111, and 9-107.10 of Article IX.¹

Sheriff Enforcement, Not Self-Help

Only the county sheriff can physically enforce an eviction order. Once the stay period expires, the landlord brings the order to the sheriff’s office, pays a service fee, and the sheriff schedules the removal.¹²

Self-help evictions are flatly prohibited. A landlord who changes locks, removes doors, shuts off utilities, or hauls a tenant’s belongings out without a court order is breaking the law, and tenants can sue for damages. The temptation to skip the process is understandable when a landlord is losing money every day, but the legal exposure almost always outweighs the wait.¹²

Belongings Left Behind

Illinois state law is largely silent on what a landlord owes regarding personal property left after a sheriff-enforced eviction. There is no statewide statute setting a storage period or a formal notice requirement.

In practice, the sheriff typically places belongings on the curb or in a common area during the lockout. Landlords should be cautious about disposing of items quickly, because a court could hold them liable for destroying property of value without reasonable notice. Document what is left with photos, make a reasonable effort to notify the former tenant, and store items briefly before disposal. In Chicago, check the local ordinance for additional requirements.

Collecting an Unpaid Rent Judgment

A money judgment for unpaid rent does not collect itself. The landlord becomes a judgment creditor and has to pursue collection through legal channels.

Illinois limits wage garnishment to the lesser of 15% of the debtor’s gross weekly earnings, or the amount by which their disposable earnings exceed 45 times the state minimum wage (or the federal minimum wage, whichever produces the greater protected amount). After those protections, there is often little to garnish from someone who just went through an eviction. Non-wage garnishment against bank accounts is possible, though similar exemptions cover certain funds like government benefits. A judgment remains enforceable for seven years in Illinois and can be renewed.

Federal Rules That Sit on Top of State Law

Fair Housing Act

A landlord cannot evict because of race, color, religion, sex, national origin, familial status, or disability. A facially neutral eviction that actually targets a tenant for one of these reasons violates federal law. Tenants can complain to the U.S. Department of Housing and Urban Development or raise the issue as a defense in court.⁹

CARES Act Thirty-Day Notice

Properties with federally backed mortgages or participation in certain federal housing programs are “covered properties” under the CARES Act. Landlords of these properties must give at least 30 days’ notice before requiring a tenant to vacate, regardless of state law. This requirement has no expiration date.¹³

Servicemembers Civil Relief Act

Active-duty military members and their dependents get eviction protection under the SCRA when monthly rent falls below an annually adjusted threshold set by the Department of Defense. A court may stay proceedings for 90 days or longer if military service materially affects the ability to pay. Landlords who proceed in violation face potential criminal penalties.¹⁴

What an Eviction Does to a Tenant’s Record

An eviction filing is a public court record. Even a case the tenant wins or that gets dismissed can appear on tenant screening reports and complicate future rentals. A money judgment tied to an eviction can stay on credit reports for up to seven years under the Fair Credit Reporting Act.

Illinois lets tenants petition to seal eviction records. Sealing removes the case from public view for most background checks. Tenants whose cases were dismissed, won at trial, or resolved by settlement may be eligible. Illinois Legal Aid Online has a free guided form to prepare the petition.

Where to Get Free Help

Tenants who cannot afford an attorney have options. Eviction Help Illinois provides free legal representation, document preparation, and rental assistance referrals to lower-income residents outside Cook County. Reach the program at 855-631-0811 or text “eviction” to 85622.¹⁵

Cook County residents can use the Cook County Legal Aid for Housing and Debt program, which offers free services regardless of income, language, or immigration status, at 855-956-5763. Neither program requires an active court case, so a tenant who has received a notice but has not yet been sued can still call.¹⁵

1
Justia. Illinois Code 735 ILCS 5 – Article IX Eviction
2
Illinois General Assembly. Illinois Code 735 ILCS 5/9-209 – Demand for Rent Eviction Action
3
Illinois General Assembly. Illinois Code 735 ILCS 5/9-210 – When Default Is Made in Any of the Terms of a Lease
4
Illinois Courts. Affidavit of Service of a Demand or Notice
5
American Legal Publishing. Chicago Municipal Code 5-12-130 Landlord Remedies
6
Office of the Illinois Courts. Eviction
7
State of Illinois Office of the Illinois Courts. eFileIL – Statewide E-Filing
8
Cook County Clerk of the Circuit Court. Civil Division Filing Fees
9
Office of the Law Revision Counsel. 42 USC 3604 – Discrimination in the Sale or Rental of Housing
10
Illinois General Assembly. Illinois Code 765 ILCS 750 – Safe Homes Act
11
Illinois Courts. Eviction Order
12
Illinois Attorney General. Landlord and Tenant Rights and Laws
13
Office of the Law Revision Counsel. 15 USC 9058 – Temporary Moratorium on Eviction Filings
14
Office of the Law Revision Counsel. 50 USC 3951 – Evictions and Distress
15
Illinois Legal Aid Online. Eviction Help Illinois