Illinois Non-Payment of Rent Notice Overview
Illinois requires a 5-day notice to pay rent or vacate under 735 ILCS 5/9-209 before a landlord can file an eviction (forcible entry and detainer) action. The 5-day notice gives the tenant 5 days to pay the full amount owed. If payment is not received within 5 days, the landlord can file suit in the Circuit Court of the county where the property is located.
Illinois eviction law varies significantly between Chicago and the rest of the state. Chicago's RLTO imposes additional requirements that do not apply elsewhere. Cook County has also adopted local protections including just-cause eviction requirements for some properties. Downstate Illinois counties generally follow state law only, have shorter timelines, and schedule hearings faster. The filing fee ranges from $180-$337 depending on the county.
5 Days
Notice period
$265
Avg. filing fee
Yes
Right to cure
3-6 wks
Court process
Illinois's 5-Day Notice Requirement
Under 735 ILCS 5/9-209, when a tenant fails to pay rent when due, the landlord must deliver a written notice giving the tenant 5 days to either pay the full amount of rent owed or vacate the premises. The notice must clearly state the amount of rent due, the deadline for payment, and that the landlord will terminate the rental agreement if the tenant does not comply.
Illinois's 5-day notice gives the tenant 5 days from service to pay all rent owed. Chicago's RLTO imposes additional requirements: specific notice language, capped late fees, written rent receipts, and tenant right to withhold rent for repairs. Non-compliance with the RLTO can result in the tenant recovering one month's rent plus attorney fees as damages, even in an eviction case.
Chicago RLTO: Additional Requirements Apply
If the property is in Chicago, the landlord must comply with the Chicago Residential Landlord and Tenant Ordinance (RLTO) in addition to state law. The RLTO requires specific notice language, caps late fees at $10/month for the first $500 of rent plus 5% of rent over $500, mandates written rent receipts, and gives tenants the right to withhold rent for habitability issues. Failure to comply can result in the tenant recovering one month's rent plus attorney fees. Cook County has also adopted local protections.
Illinois Legal Requirements (735 ILCS 5/9-209)
For the notice to be valid under Illinois law, it must meet specific requirements established by statute and interpreted by Illinois courts. A defective notice will result in dismissal of the eviction action, requiring the landlord to start the process over.
Required Notice Elements
- Written Format: The notice must be in writing. Verbal demands are not legally sufficient under Illinois law
- Exact Rent Amount: State the precise dollar amount of rent owed, broken down by period if applicable
- Cure Period: Clearly state the tenant has 5 days to pay the full amount or vacate
- Property Address: Include the full street address and unit number of the rental premises
- Tenant Names: List all tenants named on the lease who must be served with the notice
- Termination Warning: State that the rental agreement will terminate if rent is not paid within the notice period
- Landlord Information: Include the landlord's name, address, and contact information
Illinois Grace Period & Late Fee Rules
The 5-day notice itself functions as the grace/cure period. No additional statutory grace period. Understanding Illinois's specific rules about when rent becomes late and what fees can be charged is essential for properly timing and drafting the non-payment notice.
No statewide cap. Chicago caps late fees at $10/month for first $500 of rent + 5% of amount over $500 (RLTO). Landlords should ensure all fee provisions are clearly documented in the lease agreement and comply with Illinois law.
Illinois Late Fee Quick Reference
Grace Period
The 5-day notice itself functions as the grace/cure period.
Late Fee Rule
No statewide cap.
Partial Payment
Acceptance during notice period may waive rights. Chicago RLTO has specific rules.
Right to Cure
Yes.
How to Serve a Non-Payment Notice in Illinois
Illinois law specifies acceptable methods for delivering the notice. Improper service will invalidate the notice and require the landlord to start the process over, losing valuable time. Illinois courts require proof of proper service before proceeding with an eviction action.
Personal Delivery (Preferred)
Hand the notice directly to the tenant. This is the most reliable method and preferred by Illinois courts. Use a witness or process server to establish proof of service.
Substitute Service
If the tenant is not available, leave the notice with a person of suitable age and discretion residing at the premises. Document the name and relationship of the person who accepted it.
Post and Mail
Post the notice conspicuously on the main entrance of the unit and mail a copy via first-class mail. Both steps must be completed for valid service under this method.
Certified Mail
Send via certified mail with return receipt requested. Keep the return receipt as proof of delivery. The notice period begins when the tenant receives or signs for the mail.
File After Notice Expires
After the notice period passes without payment, file an eviction complaint in Illinois Circuit Court. Include the original notice and proof of service with your filing.
Illinois Non-Payment Eviction Timeline
The Illinois eviction process for non-payment follows a structured timeline. Understanding this timeline helps landlords plan appropriately and set realistic expectations for regaining possession.
| Step | Timeframe |
|---|---|
| Serve 5-Day Notice to Pay or Vacate | Day 1 |
| Notice period expires | Day 6 |
| File forcible entry and detainer in Circuit Court | Day 6-8 |
| Summons served (min 7 days before hearing) | Day 8-15 |
| First court appearance / hearing | Day 15-25 |
| Judgment entered | Day 15-30 |
| Eviction order executed by sheriff | Day 20-40 |
Total estimated time: 3-6 weeks uncontested. Cook County (Chicago) often takes 4-8 weeks due to volume and RLTO requirements. Downstate counties process faster.
Illinois Eviction Filing Fees & Costs
Filing fees for eviction actions in Illinois vary by court. Below are typical costs landlords should expect.
| Fee / Cost | Typical Amount |
|---|---|
| Circuit Court Filing Fee | $180 - $337 |
| Service of Process | $40 - $100 |
| Writ of Possession/Restitution | $60 - $125 |
| Attorney Fees (if hired) | $750 - $3,000 |
| Appeal (if needed) | $250 - $400 |
Sample Illinois 5-Day Non-Payment Notice
Below is a preview of our Illinois-specific non-payment notice. The final document includes all statutory language required under 735 ILCS 5/9-209 and is formatted for Illinois court proceedings.
FIVE (5) DAY NOTICE TO PAY RENT OR QUIT
STATE OF ILLINOIS
Pursuant to 735 ILCS 5/9-209
TO TENANT(S):
Name(s): [All Tenants on Lease]
Property: [Full Illinois Property Address]
RENT DUE:
Total rent owed: $[Amount]for the period of [Month/Year].
ILLINOIS STATUTORY NOTICE:
You are hereby notified that there is now due and unpaid rent in the amount of $[Amount] for the above premises. You have FIVE (5) DAYS after service to pay the full amount due or deliver possession to the landlord. If you fail to comply, a forcible entry and detainer action will be filed in the Circuit Court of [County] County, Illinois to recover possession, rent, costs, and attorney fees.