Understanding Illinois Eviction Laws for Landlords and Tenants

Eviction is a significant and often stressful event for both landlords and tenants. In Illinois, eviction laws protect the rights of both parties while providing a structured path for resolving disputes. 

Landlords must navigate the eviction process to maintain property investments and uphold lease agreements. Steps include preparing for an eviction, serving notices, filing lawsuits, attending court hearings, and enforcing eviction orders. By adhering to legal procedures, landlords can ensure their actions are justified and legally sound, minimizing the risk of disputes and potential legal repercussions.

Tenants facing eviction must know their rights and their legal protections. Understanding the eviction notice period, preparing for court hearings, and knowing the possible outcomes can help tenants respond effectively and seek necessary support.

This guide addresses landlords' and tenants' needs and concerns, equipping you with the essential information and resources to navigate the eviction landscape in Illinois. 

Whether you're a landlord looking to enforce your lease terms or a tenant seeking to understand your rights, the following sections provide the necessary insights to handle eviction situations effectively.

The eviction process for landlords

There are several steps that must take place in the eviction process. Here is what that looks like for landlords.

Eviction reasons

Eviction is a serious legal action that landlords take when tenants violate the terms of their lease rental agreement. Here are some common reasons for eviction:

Failure to comply with rent deadlines

Failure to comply with rent deadlines is a primary reason for eviction. Rent is considered late typically a day after it's due, although a grace period may be available if stated in the lease agreement.

Before a landlord can start eviction, they must give the tenant an official written 5-day notice to pay. If the rent is paid within those 5 days of advance notice, the eviction process does not proceed. The landlord can continue with the eviction filing if the tenant cannot pay.

Violation of the lease agreement

Violation of the lease agreement is another common reason for eviction. The tenant and landlord must uphold the rental lease agreement throughout the lease term of the tenant's stay. If a tenant violates lease terms, the landlord must issue a 10-day notice to comply or quit. If the tenant resolves these issues on time, the eviction process does not continue.

Here are some examples of lease violations:

• Damage to the rental property.
• Smoking in non-smoking areas.
• Keeping pets in pet-free properties.

The landlord may proceed with the eviction if the violations aren't resolved.

Conducting illegal activity

Conducting illegal activity on the property is grounds for immediate eviction. If a tenant engages in unlawful behavior, the landlord must issue a 5-day notice to quit. 

Some examples of illegal activities include the following:

• Homicide.
• Theft, violence, and assault.
• Involvement in the creation, distribution, or consumption of controlled substances.
• Class X felonies, such as aggravated kidnapping, battery, sexual assault, hijacking, arson, armed robbery, and home invasion.

Foreclosure of rental property

Foreclosure of the rental property can also lead to eviction. In such cases, tenants are typically not allowed to renew their lease. Landlords must issue a 90-day notice to vacate, requiring tenants to leave before the notice period ends. If the tenant refuses to vacate, the landlord can proceed with eviction.

Non-renewal of the lease after the rental period ends

Non-renewal of the lease after the rental period ends is another reason for eviction. In Illinois, landlords cannot evict a tenant without probable cause. Tenants can stay until their rental period ends as long as they do not violate any rules. 

If tenants stay after their lease ends without renewing, landlords can issue a written notice to move. The notices can vary, including a 7-day notice to quit, a 30-day notice to quit, and a 60-day notice to quit. Failure to vacate rental premises after these notices allows the landlord to continue eviction.

Serving the tenant

Serving an eviction notice is a critical step in the eviction process. 

The type of notice served depends on the reason for eviction. In Illinois, landlords typically use three eviction notices:

• 5-day notice: Used for non-payment of rent, requiring the tenant to pay the overdue rent within 5 days to avoid eviction proceedings.
• 10-day notice: Used for lease violations, demanding the tenant to correct the lease violation or vacate the property within 10 days.
• 30-day notice: Used for terminating a month-to-month tenancy, allowing either party to terminate the lease with a 30-day advance warning.

Following the proper legal procedures is essential when serving these notices. If other methods fail, notices must be delivered personally, by certified or registered mail only, or posted in a conspicuous place at the rental property.

Filing an eviction lawsuit

If the tenant doesn't comply with the eviction notice, the landlord's next step is to file an eviction lawsuit in court. This involves submitting a complaint for eviction and paying the required filing fees. 

The landlord must also provide documentation supporting the reason for eviction, such as copies of the lease agreement, notice, and evidence of the tenant's non-compliance.

The court process begins with the landlord filing the eviction lawsuit, after which the tenant will be served with a summons and complaint. The timeline for court hearings can vary, but typically, the hearing will be scheduled within a few weeks of filing. 

During the hearing, both parties will have the opportunity to present their evidence and arguments. The court will then make a judgment based on the given facts. ​ 

The court hearing

During the court hearing, landlords should be prepared to present all relevant evidence clearly and concisely. This includes lease agreements, documented violations, and records of communication with the tenant. 

The tenant will also be able to present their defense and any evidence supporting their case.

What to expect during the court hearing

• Presentation of evidence by both landlord and tenant.
• Arguments from both parties regarding the eviction.
• Possible outcomes, such as the judge ruling in favor of the landlord and granting an eviction order, or ruling in favor of the tenant, allowing them to remain in the property. In some cases, a conditional judgment may be offered, requiring the tenant to fulfill certain conditions to avoid eviction.​ 

Enforcing the eviction order

If the court rules in favor of the landlord and issues an eviction order, the next step is to enforce this order.

The landlord must obtain a writ of possession, which authorizes law enforcement to remove the tenant from the tenant's property. The sheriff's office typically handles this process, ensuring the tenant vacates the property and allowing the landlord to reclaim possession.

The final steps include changing the locks and securing the property. Landlords must follow the legal process throughout to avoid any potential legal issues. 

Adhering to the proper procedures ensures that the eviction is lawful and minimizes the risk of disputes.​ 

Tenant rights during eviction

Tenants in Illinois have specific rights that protect them from illegal eviction and ensure fair treatment during the eviction process. 

Under Illinois law, landlords must follow strict legal procedures to evict a tenant, including providing proper notice and obtaining a court order before removing a tenant. 

Tenants have the right to remain in their rental unit until a judge issues an eviction order, and they cannot be forcibly removed without such an order.

Additionally, tenants are protected from retaliatory evictions, which occur when a landlord attempts to evict a tenant for exercising their legal rights, such as reporting housing code violations or joining a tenants' union.

Legal protections include the prohibition of self-help evictions, wherein landlords change locks or remove tenants' belongings without a court order. 

Tenants facing eviction can seek legal assistance from various resources, including the Illinois Legal Aid Online, which provides information and guidance on tenant rights and the eviction process. Organizations such as the Cook County Sheriff's Office and the Illinois Attorney General's Office also offer resources and support for tenants dealing with eviction.​ 

Responding to an eviction notice

When tenants receive an eviction notice, they should take immediate and appropriate steps to address the situation. 

The first step is to carefully review the notice to understand the reason for the eviction and the timeframe within which to respond. Tenants should communicate with their landlords as soon as possible to discuss the issue and explore resolutions, such as paying overdue rent or correcting lease violations.

Keep careful records of all communications and any payments or repairs made. Tenants should also gather evidence supporting their case, such as receipts, photos, or written agreements. 

Preparing for court involves organizing this documentation and understanding the legal arguments that can be made in their defense. Seeking legal advice or representation can significantly improve a tenant's chances of successfully contesting an eviction.​ 

The court process for tenants

Preparing for the court hearing is a critical step in the process of eviction.

Tenants should familiarize themselves with the court procedures and gather all necessary documents and evidence to present their case effectively. This may include proof of unpaid rent or payments, correspondence with the landlord, tenant notice, and any witnesses who can testify on their behalf.

During the court hearing, tenants can present their defenses and explain their situation to the judge. Common defenses include the following:

• Proving the landlord did not follow proper legal eviction procedures.
• Disputing the reasons for eviction.
• Demonstrating inadequate property maintenance by the landlord.

Understanding the potential outcomes is essential, as the judge may rule in favor of the tenant, allowing them to remain in the property, or in favor of the landlord, resulting in an eviction order. In some cases, the judge may offer a conditional ruling, requiring the tenant to meet certain conditions to avoid eviction.​

After the court decision

Tenants still have rights and options after the court decision. If the court issues an eviction order, tenants may be able to appeal the decision, depending on the circumstances.

Tenants must act quickly, as there are often strict deadlines for filing an appeal. Negotiating with the landlord for additional time to move out or to settle outstanding issues can also be a viable option.

If eviction is unavoidable, tenants should focus on finding alternative housing and accessing support services. Organizations such as local housing authorities, non-profits, and legal aid societies can assist in securing new housing and navigating the transition. 

Ensuring a smooth and supported move can help mitigate the impact of eviction and help tenants rebuild their housing stability.

Navigate evictions with Azibo: A comprehensive solution for landlords

A comprehensive property management platform, like Azibo's, assists landlords in managing evictions and preventing future issues. 

These tools enable landlords to create and manage written lease agreements, ensuring clear, enforceable contracts that outline tenancy terms. This clarity helps avoid misunderstandings and simplifies the eviction process, should it become necessary.

Thorough background checks and screenings help landlords identify reliable tenants, reducing the risk of problematic tenancies. Platforms like Azibo allow checks on credit reports, employment history, landlord references, and criminal backgrounds, ensuring landlords rent to responsible individuals and minimizing potential eviction scenarios.

Promoting open communication and proper documentation is essential for managing tenant relationships and resolving issues early. Using tools to help you maintain records of all interactions, agreements, and incidents, including communications, rent payment records, and documentation of property damage or lease violations, can help reduce the chances of conflicts leading to eviction.

Want to learn more? Sign up for Azibo – for free – today.

Official legal resources and documentation

Consulting official legal resources is important for landlords and tenants involved in eviction. These resources provide accurate and up-to-date information on laws, rights, and procedures, ensuring that all parties adhere to legal standards and avoid unnecessary legal complications. 

Refrain from unofficial sources to avoid misunderstandings and misinterpretations of the law, which may result in unfavorable outcomes in eviction cases. Instead, use official documentation to guide actions and decisions related to an eviction case.

Key Illinois resources

• Illinois Legal Aid Online: Offers comprehensive information on tenant rights, eviction procedures, and legal defenses. It provides easy-to-understand guides and tools to help tenants and landlords navigate the legal landscape effectively, and it can connect individuals with legal assistance and representation if needed.
• Illinois Attorney General’s Office: Provides detailed landlord and tenant rights documentation, including the "Landlord and Tenant Rights and Laws" guide. This resource outlines both parties' legal responsibilities and protections and offers guidance on handling common disputes.
• Cook County Sheriff's Office: A critical resource for those dealing with eviction in Cook County. Their website provides specific information on eviction procedures, including necessary documentation, timelines, and the roles of law enforcement in the eviction process.
• Illinois General Assembly website: Offers access to the full text of Illinois statutes, including those governing landlord-tenant relationships and eviction procedures. Users can review the exact legal language and stay informed about any changes or updates to the law. 

By consulting these official resources, landlords and tenants can protect their interests and ensure compliance with Illinois law​.

Illinois eviction laws: Takeaways

Eviction laws in Illinois ensure a balanced and legally sound process for landlords and tenants. Knowing how these procedures work makes the eviction process less intimidating, should it arise. 

Landlords must follow legal steps meticulously to avoid complications, while tenants should know their rights to contest an eviction and respond promptly to notices. 

Resources like Illinois Legal Aid Online, the Illinois Attorney General’s Office, the Cook County Sheriff's Office, and the Illinois General Assembly website provide valuable guidance for navigating the eviction process and understanding legal rights.

Maintaining a fair and lawful approach to eviction benefits both landlords and tenants. By adhering to legal procedures and utilizing these official resources, landlords can protect their investments, and tenants can ensure they are treated fairly and lawfully throughout the legal eviction process.

Eviction process in Illinois FAQs

What are the legal requirements for serving an eviction notice in Illinois?

Landlords must serve an eviction notice in person, via certified or registered mail, or by posting it in a conspicuous place at the rental property if other methods fail, ensuring the tenant is correctly informed of the eviction process.

How can landlords legally enforce an eviction order in Illinois?

To enforce an eviction order, landlords must obtain a writ of possession from the court and coordinate with the local sheriff's office to legally remove the tenant from the property.

What protections do Illinois tenants have against wrongful eviction?

Illinois tenants are protected from wrongful eviction by laws requiring landlords to follow strict legal procedures, including providing proper notice, obtaining a court order before eviction, and prohibiting self-help evictions.