Outline of the Eviction Process in Illinois

1. Grounds for Eviction

• Legal reasons required:
  • Non-payment of rent.
  • Lease violation (e.g., unauthorized pets, property damage).
  • Illegal activity (e.g., drug-related conduct, violent crime).
  • End of lease term (fixed-term or month-to-month).
  • Holdover tenancy (tenant remains after lease expires).
  • No-fault eviction (e.g., landlord wants to sell or occupy, subject to local rules).
• Laws: 735 ILCS 5/9-101 to 5/9-321 (Forcible Entry and Detainer Act); local ordinances (e.g., Chicago RLTO).

2. Notice to Quit

• Written notice served:
  • Non-payment: 5-day notice to pay or vacate.
  • Lease violation: 10-day notice to cure or vacate (if curable); immediate for non-curable.
  • Month-to-month: 30-day notice to terminate.
  • No-fault/end of lease: 30-day notice (60-day in Chicago for no-fault).
  • Illegal activity or holdover: 5-day notice to vacate (no cure).
• Delivery: Hand-delivered, mailed (certified mail), or posted with mailed copy.
• Tenant can cure by paying rent (within 5 days) or fixing violation (within 10 days).

3. Filing the Eviction Case

• File Forcible Entry and Detainer in Circuit Court.
• Documents: Complaint, summons, Notice to Quit, lease, proof of service.
• Fee: ~$150–$300 (varies by county).
• Timing: After notice period expires (e.g., 6th day for 5-day notice).

4. Serving the Summons and Complaint

• Sheriff or process server serves papers 7 days before hearing.
• Methods: Personal delivery, left with resident (age 13+), or posted and mailed.
• Tenant must file Appearance and Answer by hearing date.

5. Court Hearing

• Held 14–21 days after filing.
• Landlord presents evidence; tenant raises defenses (e.g., improper notice, uninhabitable conditions).
• Outcomes: Eviction granted, case dismissed, or agreement (e.g., payment plan).

6. Judgment and Execution

• Eviction Order (Writ of Restitution) if landlord wins.
• Appeal: 7 days (requires bond).
• Order issued: ~7–14 days post-judgment; sheriff serves 24-hour notice to vacate.

7. Physical Eviction

• Sheriff removes tenant; no mandatory storage (7 days in Chicago).
• Tenant may reclaim stored property by paying costs.
• Law: 735 ILCS 5/9-117.

8. Tenant Protections

• Rights:
  • Cure violations (5 days for rent, 10 days for lease issues), defenses (retaliation, discrimination, uninhabitable conditions).
  • Chicago: Just-cause, 60-day no-fault notice, free legal aid, record sealing.
  • No self-help evictions (landlord penalties up to 2 months’ rent).
• Resources:
  • Illinois Legal Aid Online (855-452-3526), illinoislegalaid.org, lcbh.org.

Notes

• Disclaimer: General guide; consult a lawyer. Local ordinances may apply.
• Sources: 735 ILCS 5/9-101 to 5/9-321; Mun. Code of Chicago § 5-12-010 to § 5-12-170; illinoislegalaid.org.

Eviction Process by State