House & Apartment
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A landlord may only post an eviction notice on property when:
- The unit is vacant or abandoned, or
- The people living there are not tenants or subtenants.
Illinois law allows only three delivery methods for written eviction notices when a tenant or subtenant lives in the property:
- Personal service on a named recipient (learn how to do Personal service of a written eviction notice),
- 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), and
- Certified or registered mail service on named recipients and unknown occupants (learn how to Mail 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.
The notice must be posted on the property and clearly visible to anyone coming or going. This usually means posting the notice on the unit's main entrance, such as the front door. Before posting the notice, check for safe access. It may be useful to walk or drive by the property to determine its current condition.
Consider potential hazards such as:
- Locked gates,
- Aggressive dogs,
- Weapons,
- Unknown occupants, and
- Prior threats from people living in the property.
Safety is essential. If appropriate, ask the local police department for assistance. Some police departments will send an officer to accompany a housing provider when posting a written eviction notice.
Remember that a landlord does not have to be the person who serves the notice. Private process servers, sheriffs, or people over 18 who are not parties to the potential eviction case can serve the notice. Do not take unnecessary risks.
Help is also available for concerns that posting an eviction notice may lead to domestic violence. For more information on domestic violence, read Domestic violence common questions or contact:
- The National Domestic Violence Hotline at (800) 799-7233 (or text START to 88788),
- The Illinois Domestic Violence Hotline at 877 863-6338, or
- The local domestic violence victim service agency in the directory maintained by the Illinois Coalition Against Domestic Violence.
Bring plenty of strong tape or other supplies to attach the notice. Post the notice in a conspicuous place on the main entrance of the unit, such as the front door. The notice should be placed on the outside.
Do not leave the notice:
- Inside the unit,
- Under a door,
- In a mailbox, or
- If the building has multiple units, in a common area.
If possible, take photos of the posted notice that show:
- The notice up close, and
- Where the notice was posted.
Save these photos in case there is a dispute about service.
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.
Sometimes, a housing provider finds out during or after posting that a tenant or subtenant is still living in the unit. If this happens, posting is not valid service. A tenant or subtenant can still be living in the unit if they are:
- Staying in a medical facility like a hospital or rehab,
- In jail or prison, or
- Traveling for work or personal reasons.
A landlord may only post an eviction notice on property when:
- The unit is vacant or abandoned, or
- The people living there are not tenants or subtenants.
Generally, a tenant or subtenant has abandoned a unit if:
- They vacated the premises with no intention of returning,
- Personal property has been removed or left behind in a way that indicates abandonment, and
- Rent has not been paid for a significant period (30 days or more) and all tenants and subtenants are absent.
When posting a notice reveals that a tenant or subtenant is still living in the unit, the options for service are:
- Personal service on a named recipient (learn how to do Personal service of a written eviction notice),
- 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), and
- Certified or registered mail service on named recipients and unknown occupants (learn how to Mail an eviction notice).
The person who posts the notice 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 posted the notice must complete the affidavit. The recipient of the written eviction notice does not need to sign.
The affidavit does not need to be notarized.
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.