House & Apartment
Worried about doing this on your own? You may be able to get free legal help.
In most cases, you need to give the tenant a written eviction
notice to start the eviction process. The only situation when a written notice isn't required is for properties outside of Cook County when the landlord and tenant have a written lease that doesn't renew and provides a specific end date. Even then, delivering written notice can be helpful to make sure there isn't confusion.You can use our Evict a tenant Easy Form program to fill out a notice.
The eviction judge can throw out an eviction case if the notice hasn't been filled out correctly and served according to the law. For help figuring out notice requirements, contact:
- Cook County Legal Aid for Housing and Debt (CCLAHD) at (855) 956-5763 if the unit is in Cook County, or
- Eviction Help Illinois (EHI) at (855) 631-0811 if the unit is anywhere in Illinois outside of Cook County.
When you're ready to proceed, first make a copy of the completed and signed notice. The notice doesn't need to be notarized, and the tenant
doesn't have to sign. If you need to ask a judge to order the sheriff to evict the tenants, you must file a copy of the notice and the affidavit of service (Step 2) along with an Eviction Complaint .Next, the notice must be:
- Personally handed to the tenant (personal service),
- Handed to someone 13 or older who lives with the tenant (substitute service),
- Mailed by certified or registered mail, return receipt requested, or
- Only when nobody is living in the unit, by posting it on the door.
After the tenant
If your tenant doesn't follow the instructions in the notice or move out when the notice period ends, you can file a case to evict the tenant.
Do not file your case before the notice period is up. If you file early, the tenant can have the court case dismissed
.
Worried about doing this on your own? You may be able to get free legal help.