Illinois Eviction Law 2026: The 5-Day Notice Explained

The Illinois 5-day notice for non-payment is the foundation of most evictions in the state. Below: when to use it (vs 10-day or 30-day), what it must contain, the Cook County overlays, and the path from notice to courtroom.

Illinois eviction law is governed by the Forcible Entry and Detainer Act (735 ILCS 5/9-201 et seq.), and while the state framework is relatively uniform, the most active eviction jurisdiction — Cook County — has added a layer of local ordinances through the Residential Landlord and Tenant Ordinance (RLTO) that changes the practical picture significantly. If you own property in Chicago, you're operating under rules that differ meaningfully from the rest of the state. Here's how the full system works.

What the 5-day notice is

The 5-day notice is the statutory demand for payment that Illinois law requires before a landlord can file a Forcible Entry and Detainer (FED) action in circuit court for non-payment of rent.

Under 735 ILCS 5/9-209, a landlord must give the tenant written demand for rent, stating the amount due and allowing at least 5 days to pay before the landlord can file suit. This demand is what practitioners call the "5-day notice."

What the 5-day period means:

• 5 calendar days from service of the notice (not business days)
• If you serve notice on a Monday, the tenant has until Saturday to cure
• The landlord cannot file the FED complaint until after the 5-day period expires and the tenant has neither paid nor vacated

What the notice accomplishes:

• It puts the tenant on formal written notice of the exact amount owed
• It starts the clock on the cure period
• It is a statutory prerequisite — filing for eviction without a valid 5-day notice is grounds for dismissal
• In Cook County, a defective 5-day notice is one of the most common reasons eviction cases are thrown out

The 5-day notice is a demand, not a court filing. It doesn't involve the court at this stage. You draft it, serve it, and if the tenant doesn't cure, you then file in circuit court.

When to use 5-day vs 10-day vs 30-day

Illinois law has multiple notice types for eviction, and using the wrong one resets the clock.

5-day notice — for non-payment of rent (735 ILCS 5/9-209): Use this when the tenant owes rent and has not paid. The notice demands the specific dollar amount owed and gives 5 days to pay or vacate. This is the most commonly used notice in Illinois.

10-day notice — for material lease violations other than non-payment: Use this when the tenant has violated a lease term (unauthorized pet, subletting without permission, property damage, excessive noise that persists after warnings). The 10-day notice demands that the violation be cured within 10 days or the tenancy will be terminated. Under 735 ILCS 5/9-210, this applies to breaches other than non-payment.

The 10-day notice for lease violations is more complex than the 5-day notice because:

• You must specifically identify the violated lease clause
• The violation must be material (courts are unsympathetic to evictions based on trivial lease violations)
• The tenant has a right to cure, and if they cure within 10 days, you cannot proceed to eviction

30-day notice — for termination of month-to-month tenancy without cause: To terminate a month-to-month tenancy in Illinois without a specific cause (not non-payment, not a lease violation — you simply want the unit back), you must give at least 30 days' written notice before the end of the rental period. Under 735 ILCS 5/9-207, this applies to month-to-month and year-to-year tenancies. For a year-to-year tenancy, the notice period is 60 days.

Note: In Cook County (Chicago), the RLTO adds additional notice requirements and just-cause eviction provisions that layer on top of these statutory minimums. See the Cook County section below.

Choosing the right notice — the quick decision tree:

• Tenant owes rent → 5-day notice
• Tenant violated a non-payment lease term → 10-day notice
• Month-to-month and you want to end the tenancy without cause → 30-day notice
• Annual lease expires and you don't intend to renew → typically no notice required by statute (the lease governs), but good practice to notify 30–60 days in advance

Cook County wrinkles (RLTO + just-cause overlay)

Cook County is where most Illinois evictions happen and where the rules are most complex. If your property is in Chicago or suburban Cook County, pay close attention to this section.

Chicago RLTO (Chicago Municipal Code, Chapter 5-12): The Chicago Residential Landlord and Tenant Ordinance applies to most residential rental properties in Chicago (with specific exemptions for owner-occupied buildings of 6 or fewer units and certain other categories). The RLTO creates rights for tenants that go beyond state law:

Security deposit requirements under the RLTO:

• Deposits must be held in a federally insured interest-bearing account
• Landlord must provide written receipts and bank account information within 14 days
• Interest must be paid annually (currently at a rate set by the City Comptroller)
• Non-compliance with deposit rules gives the tenant the right to terminate the lease and/or sue for twice the deposit
• The RLTO's deposit rules are independent of and in addition to the general state requirements

The "just-cause" requirement for non-renewal: Chicago's RLTO does not have a formal just-cause eviction statute for non-renewals the way some cities do. However, the ordinance does prohibit retaliatory evictions, and Chicago courts are generally careful about non-payment evictions where there are habitability complaints in the record.

Additional RLTO notice requirements:

• Before filing a FED complaint in Cook County, a landlord must provide notice to the tenant of the basis for eviction that complies with both RLTO and the Illinois Forcible Entry and Detainer Act
• The notice must include the RLTO disclosure language if the property is covered
• Failure to include RLTO-required disclosures in the lease is a defense to eviction in Chicago courts

Suburban Cook County: Properties outside Chicago city limits but within Cook County are not subject to the Chicago RLTO but are subject to Cook County's own tenant protection ordinance (where applicable) and the Illinois state law baseline. The Cook County circuit court (and its satellite courthouses) handles most suburban evictions.

The Cook County eviction court calendar: Cook County's Eviction Court (formally part of the Circuit Court) is one of the busiest housing courts in the country. In Chicago:

• Cases are heard in the Daley Center (Richard J. Daley Center, 50 W. Washington, Chicago)
• The court has a regular eviction call; dates are assigned at filing
• Uncontested non-payment evictions can move quickly — sometimes within 3–4 weeks of the initial hearing date
• Contested cases, cases involving habitability defenses, and cases where the tenant is represented can take significantly longer

Required content

A 5-day notice that's missing any required element is legally defective. Cook County courts routinely dismiss cases on this basis.

Required elements of the Illinois 5-day notice:

1. Date of the notice — the date you prepared and served it
2. Tenant's full legal name(s) — every tenant on the lease by their full name as it appears on the lease
3. Property address — full address including unit number
4. Exact amount of rent owed — a specific dollar figure. Not a range, not "approximately," not an estimate. Include only rent, not late fees or other charges unless your lease explicitly authorizes including them in the demand (and even then, this is contested)
5. The specific rental period covered — e.g., "for the months of April and May 2026"
6. Demand to pay or vacate — explicit language that the tenant must either pay the stated sum or surrender possession within 5 days
7. Where to pay — the name and address of the person to whom payment should be made. Courts have found notices defective when this information was omitted
8. Landlord's name and address — must be on the notice
9. Signature — landlord's or authorized agent's signature

What not to include:

• Late fees or other charges beyond base rent (contested area — some courts allow it, others don't; safer to omit and pursue separately)
• Notices of lease violations unrelated to non-payment (use a separate 10-day notice for those)
• Threats of self-help eviction — illegal in Illinois

Service

Service of the 5-day notice must comply with 735 ILCS 5/9-211 and, for Cook County properties, the additional requirements courts have developed through case law.

Valid service methods in Illinois:

Personal delivery to the tenant: Hand the notice to the tenant directly. If multiple tenants are on the lease, serve each one. Keep a record of who, when, and where you delivered it.

Leaving with a household member: If the tenant isn't home, you can leave the notice with someone of suitable age residing in the unit. The person must be at least 13 years old in most jurisdictions (verify with your attorney). Follow up with a mailed copy.

Posting on the door + mailing: Affix the notice conspicuously on the front door of the unit AND mail a copy to the tenant at the same address. Take a timestamped photograph of the notice on the door. The certificate of mailing should be retained.

Regular mail alone: Generally not sufficient for a 5-day notice in Illinois. The primary delivery method must be personal service or posting.

Service affidavit: Complete a written affidavit of service at the time you serve the notice. This document states who you are, how you served the notice, when, and at what address. You will file this affidavit with the court when you file the FED complaint.

The service affidavit is not optional in Cook County practice — courts expect it and it's how you prove service when the tenant claims they didn't receive the notice. Fill it out immediately, while the details are fresh.

Filing forcible-entry-and-detainer

After the 5-day period expires without payment or vacation, you can file the Forcible Entry and Detainer complaint in the circuit court for the county where the property is located.

Where to file:

• Cook County: Eviction Court at the Daley Center (Chicago properties), or the relevant courthouse for suburban Cook County
• Other counties: the Circuit Court clerk's office for that county
• You file in the county where the property is physically located, not where you live

What to bring to file:

• Completed Complaint for Forcible Entry and Detainer (available from the clerk's office or online for most counties)
• Copy of the 5-day notice
• Affidavit of service of the 5-day notice
• Copy of the lease agreement (or description of the oral tenancy terms)
• Filing fee: Cook County charges approximately $260–$275 for an eviction complaint; other counties vary
• Your photo ID

The complaint contents:

• Names and address of all defendants (tenants)
• Description of the property
• Nature of the tenancy (lease term, rent amount)
• Basis for eviction (non-payment, stating the amount owed)
• Date and manner of service of the 5-day notice
• Relief requested (possession of the premises, judgment for unpaid rent)

After filing: The court will issue a summons directing the tenant to appear on a specific date. The summons must be served on the tenant — typically by a process server or sheriff. This is a separate service from the original 5-day notice.

In Cook County: The court may send the case to mediation before the initial hearing. Cook County's Eviction Mediation program attempts to resolve non-payment cases without a full hearing. Participation is generally voluntary but courts encourage it.

Court timeline

Realistic timeline for an uncontested non-payment eviction in Illinois:

Factors that extend the timeline:

• The tenant appears and contests the case — hearings are continued for evidence and arguments
• The tenant raises a habitability defense under §12-110 of the RLTO or the Illinois Habitability statute
• The tenant requests a continuance
• The court is backed up (Cook County Eviction Court has a high caseload)
• The tenant files a counterclaim (possible in Chicago under the RLTO)

If judgment is entered for the landlord:

• The court enters an Order for Possession
• In Cook County, the sheriff's office executes the eviction. Expect 2–6 weeks for the sheriff to schedule the lockout after the order is entered — this is a real and commonly-missed source of delay
• You must be present at the lockout with keys ready

Staying current with the late-rent notice best practices that precede the 5-day notice is equally important — see our guide on how to write a late rent notice that holds up in court. And for comparison with how another state handles the eviction process, the Texas eviction step-by-step illustrates a different but instructive framework.

FAQ

Can I serve the 5-day notice and then wait several months before filing? A served 5-day notice doesn't expire immediately, but courts have found that unreasonable delay between service of the notice and filing the complaint can raise questions. If you wait long enough (e.g., several months), the underlying rent obligation may have changed or you may have implicitly waived the breach by continuing to accept rent. File promptly after the 5-day period expires.

What if I accepted partial rent after serving the notice? Accepting any rent payment after serving the 5-day notice generally waives the notice — you've essentially reset the tenancy. If the tenant pays anything after you serve the notice, consult your attorney before taking any further action. You may need to re-serve a new notice for the remaining balance.

Can I use the same 5-day notice form for Cook County and downstate Illinois properties? The statutory requirements are the same statewide, but Cook County courts have developed specific expectations through case law that go beyond the statute's minimum. A form that works downstate may be defective in Cook County. If you're filing in Cook County, use a form reviewed by a Chicago-area housing attorney.

Does the RLTO apply to my 4-flat in Chicago where I live in one unit? The RLTO has an owner-occupancy exemption: buildings of 6 or fewer units where the owner resides in one unit are generally exempt from the RLTO. Verify the exact parameters with an attorney — the exemption has specific conditions.

What happens if the tenant leaves before the 5-day period expires but owes several months of rent? If the tenant vacates voluntarily (surrenders possession), the eviction case is moot — you already have the unit. You can then sue separately for unpaid rent in small claims court (up to $10,000) or in the circuit court for larger amounts. The 5-day notice is not required for a rent-only lawsuit.

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This isn't legal advice. Consult an attorney licensed in your state.