Illinois 5-Day, 10-Day and 30-Day Notices: What Landlords and Tenants Need to Know

Every Illinois Eviction Starts With a Notice

In Illinois, a landlord generally cannot go straight to court. Before an eviction case is filed, the tenant must receive a written notice that ends their right to stay, and the notice period must fully run out. If the notice is the wrong type, has the wrong information, or is not delivered in a way the law recognizes, a judge can dismiss the case and the landlord has to start over, sometimes weeks later.

There are three notices people deal with most often: the 5-day notice, the 10-day notice and the 30-day notice. Each one is used for a different situation.

The 5-Day Notice: Unpaid Rent

The 5-day notice (735 ILCS 5/9-209) is for rent that is due and unpaid. It tells the tenant how much rent is owed and that the lease will end unless that amount is paid within five days. If the tenant pays the full amount demanded within the five days, the landlord cannot end the lease on that notice.

• It should state the amount of rent due and who it is to be paid to, and describe the property clearly.
• Partial payments matter. If the landlord accepts part of the rent after serving the notice, that can cancel the notice, unless the notice includes the specific language the statute provides stating that only full payment of the rent demanded will waive the landlord’s right to terminate.
• Many attorneys recommend demanding rent only, not late fees or other charges, because extra charges can give a tenant grounds to challenge the notice.

The 10-Day Notice: Lease Violations

The 10-day notice (735 ILCS 5/9-210) is for a breach of the lease other than unpaid rent, such as unauthorized occupants, pets, damage, or nuisance behavior. It should identify the lease term that was broken. In Chicago and suburban Cook County, local tenant ordinances can give the tenant a chance to correct the problem within the notice period, so the wording and the facts behind the notice matter.

The 30-Day Notice, and Why Chicago Is Different

Under state law (735 ILCS 5/9-207), a month-to-month tenancy can be ended with 30 days’ written notice, and a week-to-week tenancy with 7 days’ notice. No reason is required under state law.

Inside the City of Chicago, the Fair Notice Ordinance requires more time to end or not renew a tenancy, or to raise the rent:

• Tenant in place up to six months: 30 days
• More than six months but less than three years: 60 days
• Three years or more: 120 days

A notice that gives fewer days than required is one of the most common reasons an eviction case fails. Count carefully: the day the notice is served does not count, and if the last day lands on a weekend or holiday, the deadline moves to the next business day.

How a Notice Must Be Served

Illinois law (735 ILCS 5/9-211) allows a notice to be served in only a few ways:

• Handing it to the tenant personally
• Leaving it with a person 13 or older who lives at the property or is in possession of it
• Certified or registered mail, with a return receipt from the tenant
• Posting it on the door, but only when no one is in actual possession of the property

Taping a notice to the door of an occupied apartment, or sliding it under the door, is where many landlords go wrong. If the tenant later says they never got it, the landlord needs proof of exactly how, when and to whom it was delivered.

Served it yourself? Use our free Illinois Affidavit of Service generator to prepare the affidavit in minutes.

Who Can Serve a Notice

A notice is not a court document yet, so Illinois does not require a sheriff or a court-appointed server to deliver it. The landlord, a property manager, or anyone acting for the landlord can serve it. What matters is that it is delivered by one of the methods above and that the person who served it can prove it, in writing and, if needed, in court. Many landlords use a licensed process server so that a neutral professional, not the landlord, is the witness to service.

The eviction summons that comes later is different. The landlord, as a party to the case, cannot serve it. It must be served by the sheriff, by an Illinois licensed private detective (or a registered employee of a licensed detective agency), or by a person the court appoints. Since January 1, 2025, a licensed private detective can serve process in every Illinois county, including Cook, without a court order appointing them (735 ILCS 5/2-202).

After the Notice Is Served: Step by Step

1. Complete the affidavit of service right away. The person who served the notice fills in and signs the proof of service: the date and time, the address, how it was served (personally, to a resident 13 or older, by certified mail, or by posting), and who received it. The Illinois statewide notice forms include this section at the bottom; a separate signed affidavit works too. Keep the original notice, the signed affidavit and any mail receipts together.
2. Wait out the full notice period. Do not count the day of service, and if the last day falls on a weekend or court holiday, it moves to the next business day. During a 5-day notice, think carefully before accepting any partial rent.
3. If the tenant pays, fixes the problem or moves out, the matter may end there. Keep the records anyway.
4. If not, file an Eviction Complaint with the circuit clerk in the county where the property is. The notice and its affidavit of service are not filed on their own; they are attached to the complaint as exhibits, along with the lease if there is a written one.
5. Have the eviction summons served on each tenant, and on “unknown occupants” if anyone else lives there, by the sheriff or a licensed private detective.
6. File the proof of service of the summons with the clerk before the court date. Without it, the case cannot go forward on the first court date.
7. Go to court. If the judge enters an eviction order, only the sheriff can enforce it.

Why Proof of Service Matters

When I serve a notice, I deliver it by a method the statute allows and document it the same way I document service of a court summons: the date and time, who received it, their description, and a time-stamped photograph. You receive a signed affidavit of service (an Illinois Section 1-109 certification) that you or your attorney can attach to the eviction complaint. If the tenant disputes the notice, the record answers the question.

After the notice period runs out, the next step is filing an eviction complaint and having the summons served. I serve eviction summonses too, including on “unknown occupants,” anywhere in the Chicago area.

If You Are the Tenant

A notice is not an eviction order. Only a judge can order a tenant out, and only the sheriff can carry out that order. Lockouts, changing the locks, removing belongings or shutting off utilities to force a tenant out are illegal in Illinois. If you receive a notice, read it carefully, note the date you received it, and get legal advice quickly. Free help is available through Illinois Court Help (833-411-1121) and illinoislegalaid.org.

Serving Notices in Chicago and the Suburbs

Supreme Investigations serves 5-day, 10-day and 30-day notices and eviction summonses throughout Cook, DuPage, Lake, Will, Kane and McHenry counties. Notice service starts at $225, quoted in writing before any work begins, and every service comes with a signed affidavit and photographs. Se habla español.

This article is general information from a licensed private detective, not legal advice. Notice requirements depend on your lease, your property and local ordinances. Talk to an attorney about your specific situation.

Frequently Asked Questions

Can a landlord serve a 5-day notice themselves in Illinois?

Yes. Unlike a court summons, a notice can be served by the landlord or an agent. The risk is proving it was delivered by a method the law allows, which is why many landlords use a licensed process server who provides an affidavit and photographs.

Can a 5-day notice be taped to the door?

Only if no one is in actual possession of the property. For an occupied unit, the notice should be handed to the tenant, left with a resident 13 or older, or sent by certified or registered mail with a return receipt.

How much notice is needed to end a month-to-month lease in Chicago?

Under Chicago’s Fair Notice Ordinance: 30 days if the tenant has been there six months or less, 60 days if more than six months but less than three years, and 120 days if three years or more. Outside Chicago, state law generally requires 30 days.

Do I file the 5-day notice with the court?

Not by itself. The notice and the signed affidavit of service are attached to the Eviction Complaint as exhibits when the case is filed. Then the summons is served and its proof of service is filed before the court date.

What does it cost to have a notice served?

Supreme Investigations serves eviction notices starting at $225, with a signed affidavit of service and time-stamped photographs.

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