Illinois Landlord Compliance · End a tenancy
Illinois Eviction Laws | Legal Grounds, Notices, and Costs
Are you seeking a clear guide on Illinois eviction laws to protect your rental property and ensure legal compliance?...
Written by Platuni8 min read
What Are Illinois Eviction Laws and How Do They Work?
Illinois eviction laws set clear legal rules that landlords must follow to remove a tenant from a rental property. These laws are designed to protect both landlords and tenants by ensuring that evictions are handled through the court system, not through force or informal actions.
The eviction process in Illinois is mainly governed by the Illinois Forcible Entry and Detainer Act, which outlines the legal steps required for eviction.
Under Illinois law, a landlord cannot:
Lock out a tenant
Shut off utilities
Remove a tenant’s belongings without a court order
These actions are considered illegal “self-help” evictions. Meanwhile, Illinois eviction laws follow a structured legal process with three main stages:
#1. Notice Stage
The process begins with a written eviction notice, as required under Illinois law.
Common notice types include:
5-Day Notice to Pay Rent or Quit (for non-payment)
10-Day Notice to Comply or Vacate (for lease violations)
These notice requirements are outlined under the 735 ILCS 5/9-209 and related sections of Illinois statutes.
The notice gives the tenant a chance to fix the issue or move out before further legal action.
#2. Court Filing Stage
If the tenant does not comply with the notice, the landlord must file an eviction case in court.
Cases are filed under the [Illinois Code of Civil Procedure](https://www.illinoiscourts.gov/)
The court schedules a hearing where both landlord and tenant can present their case
Tenants have the legal right to respond, defend themselves, or settle the issue before judgment.
Also See: [New Jersey Landlord Tenant Rental Laws & Rights for 2026](https://www.platuni.com/enterprise-resources/blog-and-insights/new-jersey-eviction-laws)
#3. Judgment and Enforcement Stage
A judge reviews the case and makes a final decision.
If the landlord wins, the court issues an eviction order
Only law enforcement, usually the sheriff, can carry out the eviction
This enforcement process is authorized under the 735 ILCS 5/9-117.
Important Legal Protection for Tenants
Illinois law also protects tenants from illegal eviction practices.
The Illinois Eviction Act provisions prohibit landlords from taking matters into their own hands
Tenants may take legal action if a landlord violates these rules
Simple Summary
Illinois eviction laws follow a clear legal path:
Notice: Tenant is informed in writing
Court Case: Legal filing and hearing
Enforcement: Sheriff carries out eviction
This process ensures fairness. Tenants get time to respond or fix issues, while landlords have a legal way to enforce lease agreements without risking penalties.
What Types of Eviction Notices Are Required in Illinois?
Different situations require different notices under Illinois eviction laws. Choosing the correct notice is essential, as using the wrong one can delay the eviction process or lead to legal issues. Here are the main types of eviction notices used in Illinois:
5-Day Notice (Non-Payment of Rent): This notice is used when a tenant fails to pay rent. It gives the tenant 5 days to pay the full amount owed or face eviction proceedings.
10-Day Notice (Lease Violation): Used when a tenant violates lease terms (e.g., unauthorized occupants or property misuse). The tenant has 10 days to fix the issue or move out.
30-Day Notice (Month-to-Month Tenancy Termination): This applies when ending a month-to-month lease without cause. Landlords must give at least 30 days’ notice before termination.
7-Day Notice (Week-to-Week Tenancy): For week-to-week leases, landlords must provide a 7-day notice to terminate the agreement.
Also Read: [Landlord Responsibilities in New York State: Legal Guide](https://www.platuni.com/enterprise-resources/blog-and-insights/landlord-responsibilities-in-new-york-state)
Legal Grounds for Eviction Under Illinois Eviction Laws
Under Illinois eviction laws, landlords must have a valid legal reason, often called “just cause” before they can remove a tenant. Typically, evictions cannot be arbitrary; they must be based on specific, recognized grounds and follow proper legal procedures. Below are legal grounds for eviction in Illinois:
Non-Payment of Rent
One of the most common grounds for eviction is failure to pay rent. According to Nolo, tenants can be evicted when they do not pay rent on time, typically after receiving a 5-day notice to pay or quit.
Violation of Lease Terms
Generally, violating a lease agreement is a primary legal ground for eviction in Illinois. Hence, landlords can evict tenants who break the terms of the lease, such as unauthorized occupants, property misuse, or violating agreed rules.
Engaging in Illegal Activity
Tenants involved in illegal acts, such as drug-related offenses or violent crimes, may face eviction. Landlord Studio stated that illegal activity on the premises is a recognized ground for eviction and often triggers a short notice period.
Holding Over After Lease Expiration
If a tenant remains in the property after the lease ends without renewal, the landlord can initiate eviction proceedings. According to Illinois Legal Aid, staying after a lease expires is a valid reason a tenant may be required to move out.
Unauthorized Occupancy or Squatting
Individuals living in a property without legal permission, such as squatters, can also be evicted under Illinois law. Illinois Legal Aid notes that lacking legal rights to occupy the property is a recognized ground for eviction.
Also Read: [New Jersey Landlord Responsibilities: Legal Overview](https://www.platuni.com/enterprise-resources/blog-and-insights/new-jersey-landlord-responsibilities)
How Long Does an Eviction Take in Illinois?
The timeline for eviction under Illinois eviction laws can vary depending on the situation, but most cases follow a general range.
Notice Period: 5 to 30 days depending on the type of eviction notice
Court Filing to Hearing: Typically 2 to 4 weeks, depending on court schedules
Judgment and Enforcement: After the ruling, it may take 1 to 3 weeks for enforcement by the sheriff
In most cases, eviction in Illinois takes 4 to 8 weeks. However, it can take longer if:
The tenant contests the case
There are court delays
Additional hearings are required
What Are the Costs Involved in an Eviction in Illinois?
The total cost of an eviction under Illinois eviction laws can vary depending on the complexity of the case, whether it is contested, and how long the process takes. However, most evictions involve a combination of legal, administrative, and enforcement costs.
Court Filing Fees: Filing an eviction case typically costs between $150 and $400, depending on the county and the amount being claimed.
Service of Summons (Process Server or Sheriff): Landlords must legally notify tenants of the lawsuit. This usually costs around $30 to $60.
Legal (Attorney) Fees: Legal fees can vary widely. According to Innago, they may range from $500 to $10,000, depending on whether the case is simple or contested.
Sheriff Enforcement Fees: If the tenant does not leave voluntarily, the sheriff enforces the eviction. This can cost $60 to $150 or more, though some counties charge higher fees.
Notice Preparation Costs: Preparing a proper eviction notice may cost $100 to $300 if handled by an attorney.
Locksmith services: This is around $160 on average.
Overall, a straightforward eviction may cost roughly $240 to $610, while more complex cases can exceed several thousand dollars.
Also Read: [What Are My Rights as a Tenant in Michigan? Explained](https://www.platuni.com/enterprise-resources/blog-and-insights/what-are-my-rights-as-a-tenant-in-michigan)