House & Apartment

Landlord-tenant laws cover agreements that let a person live on someone else's property in Illinois. They give the housing provider and the person living in the home rights and duties. 

Landlord-tenant laws apply to:

• Spoken (oral) and written agreements,
• People living in a property with the owner's permission, and
• People living in a property with permission from someone who has the right to live there.

These laws can apply even when the people involved do not call themselves landlord and tenant. Landlord-tenant laws can apply to friends, adult family members, and romantic partners. 

A written eviction notice is a legal document. It tells a person that a housing provider, landlord, or property owner may ask a judge for an eviction order if:

• A problem is not fixed, or
• The person stays after the lease ends.

A written eviction notice must follow Illinois law to be valid. This includes:

• Containing all necessary information,
• Meeting the legal requirements for the situation, and
• Being served according to law.

A written eviction notice is required before filing an eviction case for:

• Unpaid rent (learn more in Dealing with unpaid rent),
• Lease violations or criminal activity (learn more in Addressing lease violations), and
• Tenants or subtenants overstaying the end of one of these types of leases (learn more in Ending a lease):
  • A spoken (oral) lease,
  • A written rental agreement paid in any part by a Housing Choice Voucher (HCV),
  • A written rental agreement that automatically renews, and
  • A written lease in Cook County.

Squatters are people living in a property without any permission. As of January 1, 2026, law enforcement officers can immediately remove squatters and their personal belongings due to criminal trespassing. The property owner must prove ownership for this to happen. 

Squatters must be given written notice if:

• Law enforcement refuses to remove them, or
• They turn out to be living in the property with permission.

Tenants and subtenants must receive a written eviction notice unless all of the following are true:

• The property is privately owned,
• The property is not in Cook County,
• There is a written rental agreement that does not renew and has a clear end date, and
• No portion of rent is paid by a Housing Choice Voucher (HCV).

No. Serving a written eviction notice does not mean the tenant has been evicted.

Only the sheriff can evict tenants in Illinois. The sheriff must have a judge’s order allowing the eviction.

To get an eviction order, the landlord must:

• Serve a written eviction notice (unless the exception applies),
• Wait the required amount of time,
• File an eviction case, and
• Ask the judge to enter an eviction order.

If the judge enters an eviction order, the housing provider must schedule the eviction with the sheriff.

Landlords cannot force people out. In a lockout, contact the police immediately and show proof of living in the unit.

In some situations, law enforcement officers can force a person out who has not received a written eviction notice or eviction case papers. These include:

• A squatter and their belongings are removed for criminal trespassing,
• The judge enters an eviction order in a property tax sale case, and the owner does not tell the people living in the unit,
• Local authorities declare a property unsafe to live in, and
• A judge orders a person to stay away in a Stalking No Contact Order or Order of Protection.

Some private housing providers can file an eviction case without serving a written eviction notice. The tenant must still be served with the court papers. This can happen if all of the following are true:

• The property is owned privately,
• The property is not in Cook County,
• The parties have a written rental agreement with a clear end date that does not automatically renew, and
• No portion of rent is paid by a Housing Choice Voucher (HCV).

If an eviction case includes an unfamiliar written eviction notice, talk to a lawyer right away. Sometimes, people who have been served do not find out about the notice until an eviction case. This can happen:

• If the person who received the notice did not give it to the person named on the notice, and
• If the notice is posted and the person living in the unit is away or the notice is torn down before they see it.

To get help with an eviction notice problem, use Get Legal Help or contact:

• Eviction Help Illinois statewide, or
• Cook County Legal Aid for Housing and Debt in Cook County.

Yes. There are different types of eviction notices for:

• Unpaid rent (learn more in Dealing with unpaid rent),
• Lease violations and criminal activity (learn more in Addressing lease violations), and
• A lease that is ending and will not be renewed (learn more in Ending a lease).

A landlord who wants to raise several issues can serve multiple types of written eviction notices. 

Written eviction notices for unpaid rent are often called 5-day notices. Learn more about Dealing with unpaid rent.

Written eviction notices for violating a lease or criminal activity are often called 10-day notices. Learn more in Addressing lease violations.

Termination or non-renewal notices that end a lease are often called 30-day notices. Learn more in Ending a lease.

Even though 5-day, 10-day, and 30-day are common terms, longer notice periods may be required by:

• A local law, or
• A written rental agreement.

Yes. Following the written notice procedure is required by Illinois statute and local ordinances. 

Illinois Supreme Court Rule 139 also requires landlords:

• To attach a copy of the notice to the eviction complaint, or
• File an affidavit explaining why no notice is attached. 

Squatters are people living in a property without any permission. As of January 1, 2026, law enforcement officers can remove squatters for criminal trespassing without a court order. The property owner must prove ownership for this to happen. 

Finding out whether tenants invited squatters in can be hard. Squatters must be given written notice if:

• Law enforcement refuses to remove them, or
• They turn out to be living in the property with permission.

Notices for squatters can be:

• A Notice of Non-Renewal of Lease or Termination of Tenancy (learn more in Ending a lease), or
• A Demand for Immediate Possession.

A Demand for Immediate Possession can only be used when the people living in the property:

• Do not have a spoken or written agreement with the landlord, and
• Do not have any other right to possession.

This depends on the type of notice.

A landlord cannot evict a tenant for unpaid rent or a lease violation if they accept rent after the notice deadline:

• Before filing an eviction case, or
• If they have started an eviction case, without asking a judge for the right to accept rent and continue the case (also called “use and occupancy”).

Notices that a lease is ending and will not be renewed are different. The tenant must continue paying rent on time through the end of the lease. However, if the landlord accepts rent after the date the notice says the lease ends, a new lease is created. Usually, this lease is a month-to-month tenancy. Learn more in Ending a lease.

Review the notice carefully. Check for:

• Whether all required information is included,
• The notice was served correctly, and
• Any due dates or move-out dates match the law.

If you have concerns, talk to a lawyer right away. For help with questions about eviction notices, use Get Legal Help or contact:

• Eviction Help Illinois statewide, or
• Cook County Legal Aid for Housing and Debt in Cook County.

A written eviction notice often starts a conversation about how to resolve issues. Many problems can be fixed. For example, people who receive a written eviction notice might:

• Pay overdue rent (learn more in Dealing with unpaid rent),
• Correct lease violations (learn more in Addressing lease violations), or
• Agree on a move-out date (learn more in Ending a lease). 

A landlord is not legally required to allow a tenant to try to resolve issues related to alleged criminal activity.

If an agreement is reached, put it in writing. Have the parties sign. Make copies (or take photos) of the signed agreement for each person who signed. For help with move-out agreements, learn to Negotiate a move-out agreement without going to court.

No. Eviction notices do not require a written response. What to do after receiving an eviction notice depends on what it says.

Writing a response can be helpful to:

• Tell the landlord there is a mistake on the notice, or
• Negotiate a resolution.

Keep copies of any written communication about an eviction notice. Take screenshots of text conversations. These materials may be helpful if an eviction case is filed.

Written eviction notices are not filed with the court without a lawsuit.

If a housing provider starts an eviction case based on the written eviction notice, the landlord must file a copy of the notice along with the complaint. Copies of eviction notices are sometimes also filed in other types of lawsuits, including cases against housing providers.

Illinois has three main types of written eviction 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).

Use our Evict a Tenant Easy Form program to help prepare any of these notices. 

A written eviction notice must be addressed to an adult who lives in or has a lease for the property. If there is a written rental agreement signed by multiple adults or the landlord knows the names of all adults in the unit, the eviction notice must list each person’s name.

When an adult’s name is unknown, or the housing provider is unsure who lives at the property, the notice may be addressed to “Unknown Occupants.”

Do not name children on eviction notices. After January 1, 2026, naming minors or people who were minors when the lease was signed will result in an eviction case being dismissed. Minors who are named in eviction cases can also seek damages (sue for money).

The housing provider must sign the notice. A typed signature is acceptable. 

Written eviction notices do not need to be notarized.

The person living in the home does not need to sign the notice itself. If a notice is delivered by certified or registered mail, the person who receives the mail may be required to sign the postal receipt. A landlord may still file an eviction case against a person who refuses to sign the receipt.

Written eviction notices can be delivered in three ways when a tenant or subtenant lives in the property. These are:

• Handing the notice to the person named on it (learn how to do Personal service of a written eviction notice),
• Giving the notice to a person over 13 who lives in the unit (learn how to do Substitute service of a written eviction notice), or
• Certified or registered mail with return receipt (learn how to Mail an eviction notice).

Service by posting may be an option if:

• The property is vacant or abandoned, or
• The occupants are not tenants or subtenants. 

Learn more in Post an eviction notice.

When any part of rent is paid with a Housing Choice Voucher (HCV), the landlord must also give the housing authority a copy right away.

Personal service, substitute service, and service by posting can be done by:

• The landlord,
• A private process server,
• The sheriff’s office, or
• Any person over 18 who is not a party to the potential eviction case.

Mail service starts when the housing provider sends the mail. Service is completed by the mailperson who delivers the notice and asks for a signature on the receipt. Mail may be:

• Delivered to the person at the property, or
• Picked up at a post office.

If the mail is refused, the landlord may still be able to file an eviction case.

Written eviction notices are usually served where the person receiving the notice lives. 

Personal service on a named recipient can be completed anywhere else the person can be found. Private process servers sometimes wait outside a person’s home to serve them on their way in or out of the property. People may also be served at work, at school, or when they attend court hearings in other cases.

Personal service in jail or prison is usually done by a staff member. The staff member will then fill out the affidavit of service. Contact the facility where the person is held to learn more.

Some medical facilities, such as long-term care, may allow personal service. Others have visit restrictions that prevent personal service. Ask a staff member for more information.

A written eviction notice can be posted if the home or unit is vacant or the people living there are not tenants or subtenants. Learn how to Post an eviction notice.

Landlords must be careful about relying on posting written eviction notices. A judge can dismiss an eviction case for improper notice. 

Do not ignore a posted notice, even if the service is invalid. The situation may escalate. For help with questions about eviction notices, use Get Legal Help or contact:

• Eviction Help Illinois statewide, or
• Cook County Legal Aid for Housing and Debt in Cook County.

A written eviction notice served by personal or substitute service is served on the date it was handed to the person.

A written eviction notice served by certified or registered mail is served:

• When delivered to the person at the property, or
• When the person picks up the mail at the post office. 

If the mail was refused, the landlord may still be able to file an eviction case using the date of refusal as the date of service.

A posted eviction notice is served on the date it was posted as long as the unit is:

• Abandoned or vacant, or
• Only housing people who are not tenants or subtenants.

However, if tenants or subtenants live in the unit, service by posting is not valid.

The person who delivers or mails the notice must complete an Affidavit of Service of a Demand or Notice. Use the Illinois Supreme Court-approved form. Private process servers and sheriff’s offices may also have their own affidavits.

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. Housing providers may refer to the case of Avdich v. Kleinert, 69 Ill. 2d 1 (1977) when explaining this to a judge.

For help with questions about eviction notices, use Get Legal Help or contact:

• Eviction Help Illinois statewide, or
• Cook County Legal Aid for Housing and Debt in Cook County.