House & Apartment
Worried about doing this on your own? You may be able to get free legal help.
Illinois law allows only three delivery methods for written eviction notices when a tenant or subtenant lives in the property.
This how-to explains the steps for mailing an eviction notice by certified or registered mail, return receipt requested. Certified or registered mail service can be used for named recipients and unknown occupants.
Service by mail occurs when the mail is delivered, which may take a long time. Mail can also be lost in transit.
The other options are:
- Personal service on a named recipient (learn how to do Personal service of a written eviction notice), and
- Substitute service on a household member of a named recipient or unknown occupants who is at least 13 years old (learn how to do Substitute service of a written eviction notice).
If the property is vacant or the only people living there are not tenants or subtenants, posting may be an option. Learn how to Post an eviction notice.
An eviction judge can dismiss a case if a written eviction notice is not completed or served according to the law. For help with questions about eviction notices or cases, contact:
- Eviction Help Illinois for properties anywhere in Illinois outside Cook County, or
- Cook County Legal Aid for Housing and Debt in Cook County.
Illinois has three main types of written eviction notices. More than one type of notice may need to be filled out and served at the same time. Learn more about Written eviction notices.
Use our Evict a Tenant Easy Form program to help prepare any of these notices.
The Illinois Supreme Court offers statewide standardized forms for each:
- Notice of Termination for Non-Payment of Rent (learn more in Dealing with unpaid rent),
- Notice of Termination for Lease Violation (learn more in Addressing lease violations), and
- Notice of Non-Renewal of Lease or Termination of Tenancy (learn more in Ending a lease).
The standardized forms also have instructions printed on them for reference.
Make a copy of each completed and signed notice before it is served. This can be done using a scanner or copier, or by taking a phone picture.
Be sure that the copy is clear and easy to read. If an eviction case has to be started, this copy will be filed with the complaint .
A written eviction notice must be signed by the housing provider who completed it. A typed signature is acceptable.
Written eviction notices do not have to be notarized.
Written eviction notices can only be served by mail that is sent certified or registered with return receipt requested.
- Certified mail provides a mailing receipt that confirms the notice was sent and allows the sender to track delivery. The recipient must sign to acknowledge receipt.
- Registered mail provides certified mail services and additional protection for important mail. The postal service maintains a record of delivery.
Certified or registered mail usually costs between $5 and $20, depending on envelope weight and the return receipt cost. The steps for service are:
- Address the notice to the tenant or subtenant at the rental unit,
- Send the notice via certified or registered mail, requesting a return receipt, and
- Keep the tracking number.
Many receipts are provided electronically. Save a copy of electronic receipts as a computer file, take a screenshot, or print them out.
If any part of the tenant’s rent is paid with a Housing Choice Voucher (HCV), at this time the landlord must immediately send a copy of any written eviction notice to the local housing authority.
Service of certified or registered mail occurs when the mail has been delivered. This can take a long time.
The postal service provides online tracking updates for certified and registered mail. Use the tracking number on the mailing receipt to find this information. Follow up with customer service if the mail:
- Does not show up in the online system after three business days,
- Takes more than two weeks to be sent out for delivery,
- Is marked lost in transit, or
- Is marked undeliverable.
If service is by certified or registered mail, the tenant is expected to sign the delivery receipt. If the tenant refuses, and the landlord can show the tenant likely knew what the letter contained, a court may treat the refusal as delivery. When explaining this to a judge, housing providers may refer to the case of Avdich v. Kleinert, 69 Ill. 2d 1 (1977).
The person who mails the papers to the recipient must fill out and sign an Affidavit of Service. This document is included in the Evict a Tenant Easy Form program.
Only the person who mailed the documents must complete the affidavit. The mailperson and the recipient of the written eviction notice do not need to sign.
The affidavit does not need to be notarized.
For mail service, the affidavit asks the person completing the form to attach the green card. This refers to the delivery receipt that the tenant signed or refused. The postal service often records this information electronically. If no physical green card is available, print a copy of the electronic tracking information to attach to the affidavit.
Once the written notice has been served, agreeing on what to do next may be possible. Reaching an agreement is the most efficient way to address the situation. Learn how to Negotiate a move-out agreement without going to court.
Court cases cost time, money, and stress. The outcome can be uncertain for many months. Communication is important throughout the process.
If an eviction case is filed before the time period on the notice ends, the judge will dismiss the case. The time period is calculated starting from the day after service. Service of certified or registered mail occurs when the mail has been delivered or refused.
For help resolving issues after serving a written eviction notice, contact:
- Eviction Help Illinois for properties anywhere in Illinois outside Cook County, or
- Cook County Legal Aid for Housing and Debt in Cook County.
Worried about doing this on your own? You may be able to get free legal help.
