Eviction Law in Illinois

Are you frustrated with a tenant who’s behind on rent, violating your lease, or damaging your property? You’re not alone—and under Illinois law, you don’t have to put up with it forever.

Evictions can feel overwhelming, especially when state and local laws don’t always make it easy for landlords. But the first step toward resolving the situation is understanding how the process works in your area.

Don’t wait until the problem gets worse. Read this quick guide to Illinois eviction law so you can move forward with confidence. And if you need help finding an attorney who handles landlord-tenant cases in your county, we’re here to connect you with experienced legal professionals.

What Is an Eviction?

An eviction is the legal removal of a tenant from a rental property after the landlord issues formal notice. In Illinois, this typically stems from unpaid rent or serious lease violations. But while the reasons may be clear, the eviction process itself is anything but simple. Illinois law imposes strict procedures that favor tenant protections, which means landlords must take extra care to avoid costly delays or missteps.

It’s also important to understand that not every eviction notice ends with the tenant being forced out. In many cases, the notice acts as a final warning. If the tenant brings their rent current or corrects the lease violation within the timeframe allowed, the eviction process may stop altogether.

When Can Landlords Send a Termination Notice?

The Tenant Doesn’t Pay Rent

When a tenant in Illinois regularly misses rent or fails to pay altogether, it creates valid grounds for eviction. While some states allow grace periods for occasional late payments, Illinois landlords are not legally required to do so. If late rent becomes a pattern, you can move forward with the eviction process without having to wait.

Illinois law makes this even more straightforward. According to the Illinois General Assembly, there is no mandatory grace period for rent payments. Landlords are permitted to charge a “reasonable” late fee for each rental period missed, as long as that fee is clearly stated in the lease agreement.

To protect yourself legally, always issue a written notice whenever rent is late, and keep copies for your own records. These documents serve as critical evidence if the matter ends up in court, showing that you gave the tenant multiple opportunities to resolve the issue before resorting to eviction.

The Tenant Violates the Terms or Conditions of the Lease Agreement

A lease is more than just a formality—it’s a binding legal contract. If your tenant disregards any part of that agreement, such as sneaking in an unauthorized roommate or operating a business from the rental without permission, you may have grounds to begin the eviction process. The key is to refer back to the specific language in your lease and document the violation clearly.

That said, the lease protects both sides. As an Illinois landlord, you’re also required to uphold your responsibilities under the agreement. If your lease states that you will provide certain repairs or maintenance, failure to do so could undermine your ability to enforce other terms. Staying compliant on your end helps ensure any action you take will hold up if challenged in court.

The Tenant Damages the Property

Normal wear and tear—like faded paint or worn carpet—is expected during a tenant’s stay. However, when a renter begins causing significant or intentional damage, such as breaking windows, punching holes in the drywall, or ripping out fixtures, you may have justification to pursue eviction. These aren’t minor nuisances—they threaten the value and safety of your property.

If your tenant attempts to fix these issues on their own without causing further damage or structural changes, it might not rise to the level of eviction. But if the damage is deliberate or repeatedly destructive, and especially if it goes unrepaired, it’s worth documenting and addressing with formal notice.

The Tenant Uses the Property for Illegal Purposes

Using a rental unit for illegal activity—such as drug trafficking, weapons sales, or other criminal behavior—is a serious breach that justifies eviction under Illinois law. In these situations, it’s important to notify law enforcement promptly. In some cases, criminal charges may follow, reinforcing your right to remove the tenant.

But before you act, be sure your claims are backed by proof. Police reports, photos, witness statements, or written warnings can all support your case if it goes before a judge. Without evidence, an accusation alone may not be enough to legally justify an eviction.

How to Evict a Tenant in Illinois

Step 1. Check Your Local Laws

Eviction procedures can vary not just from state to state, but even between cities. Before you take action against a tenant, it’s essential to know exactly what’s required under Illinois law. Evicting someone without proper legal grounds—or skipping a required step in the process—can delay your case or even get it thrown out.

Under the Illinois Landlord and Tenant Act, you cannot remove a tenant with a lease agreement unless you have legal cause. Common reasons include non-payment of rent, lease violations, or significant property damage.

But even when one of these issues applies, the law still protects the tenant’s rights. For example, if the issue is unpaid rent, you must give the tenant a written five-day notice demanding payment before you can proceed with eviction.

Step 2. Give a Formal Notice of Eviction

If a tenant continues to disregard the terms of their lease, even after you’ve attempted to resolve the issue, it may be time to move forward with a formal eviction notice. This document serves as a final opportunity for the tenant to correct their behavior or leave voluntarily..

An effective eviction notice should also include key details: the total amount owed (if applicable), a specific deadline to comply, and any consequences for noncompliance. If you’re unsure how to draft this notice, consider using a reliable legal template or contacting an attorney to ensure it meets Illinois requirements. Delivering this notice in writing, and keeping a copy for your records, helps protect you if the matter ends up in court.

According to Illinois Legal Aid, landlords are legally required to give notice before evicting a tenant—regardless of whether it’s for cause or not. The notice period depends on the reason.

For example, if you’re evicting a tenant due to a lease violation, you must provide at least 10 days’ notice. In situations involving foreclosure of the rental property, tenants are entitled to a 90-day notice before you can take further legal steps.

Step 3. File the Eviction with the Court

Once you’ve served the eviction notice and the waiting period has passed, the next step is to file your case with the court. In Illinois, you’ll need to submit your eviction filing to the appropriate Circuit Court Clerk based on the location of the rental property.

After filing, the court will assign a hearing date and issue a summons to notify the tenant. It’s essential to file promptly—delays could give the tenant more time in the property and slow the process of regaining possession.

Step 4. Contact an Experienced Illinois Eviction Attorney and Prepare for the Hearing

Before your hearing, it’s wise to hire an experienced Illinois eviction attorney. They can help you organize your case and ensure all documentation is in order. When you appear in court, bring the following:

A copy of the signed lease agreement
A full record of rent payments and any outstanding balances
Documentation of any bounced checks
Written communications with the tenant (texts, emails, letters)
A copy of the eviction notice you served
Proof the tenant received the eviction notice (e.g., certified mail receipt or affidavit of service)

Step 5. Evict the Tenant

Once the court rules in your favor, your tenant will be given a short window to vacate the property. In Illinois, this timeframe is typically set by the court—often just a few days. If the tenant still refuses to leave, you can contact the local sheriff’s office to carry out a physical eviction.

Do not attempt to remove the tenant yourself, as this could result in legal consequences. The sheriff will serve the court’s eviction order and oversee the removal process.

Step 6. Collect Past-Due Rent Payments

Winning possession of your property doesn’t necessarily mean the financial burden is over. If your tenant owes past-due rent, you may need to take further steps to recover those funds. In Illinois, you have a few legal avenues to pursue:

Hire a private debt collection agency
Request a wage garnishment order through the court
File to garnish the tenant’s state or federal tax refunds
Bring a claim against the tenant in small claims court

Work with an Experienced Eviction Attorney in Illinois

Don’t be surprised if your tenant tries to challenge your eviction by claiming you didn’t follow the rules. In Illinois, even a small procedural error can derail your case.

That’s why it’s smart to work with a local attorney who understands the ins and outs of landlord-tenant law in your area. If you’re ready to take the next step, we can help connect you with a qualified Illinois eviction lawyer—or one across state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.

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