Landlord's 5-Day Notice to Pay Rent or Vacate due to Nonpayment of Rent in Illinois

Eviction Process for Non-Payment of Rent in Illinois
In Illinois, a landlord must follow specific procedures to evict a tenant for non-payment of rent legally. These requirements are described in 735 Ill. Comp. Stat. § 5/9-209. The first step is to provide the tenant with a written notice of the unpaid rent and a demand for payment. According to the Illinois Code of Civil Procedure, a 5-day notice, also known as a "Notice to Quit" or "Notice to Pay Rent or Vacate," must be given to the tenant before an eviction lawsuit can be filed. The notice must specify the amount of rent due and a demand for payment within five days, or the tenant must vacate the premises.

Essential Elements for an Eviction Action
To file an eviction action, the landlord must meet specific requirements under Illinois law. These include:

1. The landlord must be the rightful owner of the rental property or have legal authorization from the owner to file the eviction action.
2. The tenant must be in possession of the rental property.
3. The tenant must be in default of their rental agreement, specifically by failing to pay rent when due.
4. The landlord must have properly served the tenant with a 5-day notice as described above.

Delivery of the Notice
The notice must be delivered to the tenant legally and properly. The landlord can achieve service by:

  • Personally serving the tenant with the notice.
  • Leaving a copy of the notice with a person of at least 13 years of age who is residing in or in possession of the rental property.
  • Posting a copy of the notice in a conspicuous place on the rental property.

Special Termination Processes in Cook County
In Cook County, the notice requirements for eviction due to non-payment of rent are the same as the rest of the state, which is a 5-day notice under 735 Ill. Comp. Stat. § 5/9-209. However, Cook County has additional eviction protections, such as the "Keep Chicago Renting" ordinance, which requires landlords to provide additional notice and resources to tenants before filing for eviction. Additionally, the Cook County moratorium on evictions for non-payment of rent for certain qualified tenants affected by the COVID-19 pandemic ended on October 3, 2021. Landlords are no longer required to file an affidavit of compliance with the Cook County Clerk's office before proceeding with an eviction.