Illinois Notice to Vacate Template: 30-Day, 5-Day and 10-Day Notices (735 ILCS 5/9-207, 9-209, 9-210)

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Notice to Vacate (Illinois)

Landlord’s Notice under the Illinois Code of Civil Procedure, Article IX (735 ILCS 5/9-205 to 9-211)

Date of notice: [Date]

To: [Full name of each tenant] and all other occupants
Premises: [Street address, unit], [City], Illinois [ZIP]

Part A. Notice Terminating Tenancy (735 ILCS 5/9-207, 9-205)

[Use to end a periodic tenancy without a default.] You are notified that the landlord has elected to terminate your tenancy of the premises described above. Your tenancy is (check one):

☐ month-to-month or another term of less than one year: this notice is given at least 30 days before the termination date (9-207(b))
☐ week-to-week: this notice is given at least 7 days before the termination date (9-207(a))
☐ year-to-year: this notice is given at least 60 days before the end of the year, and within the 4 months before those last 60 days (9-205)
☐ Chicago (Municipal Code § 5-12-130(j)): this notice is given at least ☐ 30 days (tenancy under 6 months) ☐ 60 days (6 months to 3 years) ☐ 120 days (more than 3 years) before the termination date

Your tenancy will terminate on [Date]. You must vacate the premises and deliver possession to the landlord on or before that date. If you remain in possession after that date, the landlord may bring an eviction action; for a week-to-week or month-to-month tenancy no further demand is necessary (9-208).

Part B. Landlord’s 5-Day Notice (Demand for Rent, 735 ILCS 5/9-209)

[Use for unpaid rent.] To [Tenant]: You are notified that rent in the amount of $[Amount] is now due and unpaid for the premises described above, for the period [dates]. Unless payment of that amount is made on or before [Date, at least 5 days after service], your lease of the premises will be terminated. Payment may be made to [name] at [address or method].

Only FULL PAYMENT of the rent demanded in this notice will waive the landlord’s right to terminate the lease under this notice, unless the landlord agrees in writing to continue the lease in exchange for receiving partial payment.

Part C. 10-Day Notice to Quit (Lease Default, 735 ILCS 5/9-210)

[Use for a default in lease terms other than rent.] To [Tenant]: You are hereby notified that in consequence of your default in [describe the default, for example keeping an unauthorized pet, subletting without consent, or damage to the unit] of the premises now occupied by you, being [describe the premises], I have elected to terminate your lease, and you are hereby notified to quit and deliver up possession of the same to me within 10 days of this date.

☐ Chicago (Municipal Code § 5-12-130(b)): your rental agreement will terminate on [Date, at least 10 days after you receive this notice] unless you remedy the breach described above within that period.

Signature

Landlord or agent: [Name] · Address: [Address] · Phone: [Phone]

Signed: ___________________________ (landlord or authorized agent) Date: __________

Affidavit of Service (735 ILCS 5/9-211)

I served this notice on [Date] at [Time] by (check one):

☐ delivering a copy to the tenant: [name]
☐ leaving a copy with [name], a person aged 13 or older residing on or in possession of the premises
☐ sending a copy by ☐ certified ☐ registered mail, with a return receipt from the addressee (receipt number [ ])
☐ posting a copy on the premises, no one being in actual possession

Served by: ___________________________ (name and signature)

Before You Send (Delete This Section)

  • Use one part only. Part A ends a tenancy without a default, Part B demands unpaid rent, Part C ends a lease after another default. Delete the parts you do not use.

  • Keep the full-payment statement in a 5-day notice, in bold, exactly as the statute words it.

  • Chicago: use the longer § 5-12-130(j) periods, and in a 10-day notice give the tenant the chance to cure. Suburban Cook County has its own Residential Tenant Landlord Ordinance; check it before serving.

  • After a foreclosure a bona fide tenant gets at least 90 days’ notice (9-207.5).

  • Serve it properly under 9-211 and keep the affidavit of service and any mail receipt.

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Illinois Notice to Vacate Template: 30-Day, 5-Day and 10-Day Notices (735 ILCS 5/9-207, 9-209, 9-210)

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Frequently asked · Illinois notice to vacate

Notice to Vacate (Illinois) · 30, 7 and 60 days, 5-day rent demand, 10-day notice to quit, service, Chicago

Eight questions to settle before an Illinois landlord serves a notice to vacate. Illinois uses three different notices: one ends a periodic tenancy, one demands unpaid rent, and one ends a lease after another default. Serving the wrong one, or one that is too short, can sink the eviction case.

01 Basics

How much notice ends a month-to-month tenancy in Illinois?

30 days' written notice for any tenancy of less than a year other than week to week, and 7 days' written notice for a week-to-week tenancy (735 ILCS 5/9-207(a), (b)). A year-to-year tenancy ends at the end of the year on 60 days' written notice (9-205).

The year-to-year notice may be given at any time within the four months before the last 60 days of the year. Once a week-to-week or month-to-month tenancy has ended by notice, the landlord needs no further demand before filing for eviction (9-208). Part A of the template covers all three periods, plus the longer Chicago periods.

02 Leases

Does a lease that ends on a fixed date need a notice to vacate?

Not under state law. When a tenancy is for a certain period and the term expires under the lease, the tenant must surrender possession, and no notice to quit or demand of possession is necessary (735 ILCS 5/9-213).

Chicago is the exception: a landlord who will not renew a fixed-term lease must give the same 30, 60 or 120 days' written notice as for ending a periodic tenancy (Municipal Code § 5-12-130(j)). Check the lease too: many require written notice of non-renewal, and if the landlord accepts rent after the term ends, the tenant may stay on as a periodic tenant who then needs a notice of their own.

03 Rent

What must an Illinois 5-day notice say?

It demands the rent that is due and tells the tenant, in writing, that unless payment is made within the time stated, not less than 5 days after service, the lease will be terminated. If the rent is not paid in time, the landlord may treat the lease as ended and file for eviction without further notice or demand (735 ILCS 5/9-209).

State the exact amount and the rental period it covers, and list late fees separately if the lease allows them. The claim for rent can be joined to the eviction complaint. In Chicago the tenant also has a one-time right to cure, up to the eviction order, by paying the rent owed plus the landlord's filing fees and service costs, but not attorney's fees (§ 5-12-130(a)).

04 Partial rent

What happens if the tenant pays only part of the rent?

Partial payments do not invalidate the notice only if it prominently states: “Only FULL PAYMENT of the rent demanded in this notice will waive the landlord's right to terminate the lease under this notice, unless the landlord agrees in writing to continue the lease in exchange for receiving partial payment.” (9-209).

With that statement, payments that do not add up to the amount demanded by the end of the notice period leave the notice in force. The landlord can still agree in writing to continue the lease in exchange for a partial payment. Rent collected after the eviction suit is filed does not invalidate the suit. Part B of the template prints the statement in bold.

05 Default

When does an Illinois landlord use a 10-day notice?

When the tenant defaults in the terms of the lease. The landlord may end the lease with a notice to quit of 10 days, signed by the landlord or an agent, and no other notice or demand of possession is needed (735 ILCS 5/9-210).

The statute gives a short form, which Part C of the template follows: it names the default, describes the premises and tells the tenant to deliver possession within 10 days. State law gives no right to cure, but a Chicago notice must give the tenant 10 days after receiving it to remedy the breach, and the lease ends only if the breach is not remedied (§ 5-12-130(b)). For unpaid rent, use the 5-day notice.

06 Service

How must an Illinois notice to vacate be served?

By delivering a copy to the tenant; by leaving it with a person aged 13 or older who resides on or is in possession of the premises; by certified or registered mail with a returned receipt from the addressee; or, if no one is in actual possession, by posting it on the premises (735 ILCS 5/9-211).

Serve every adult tenant named in the lease and keep proof: the affidavit of service in the template records the method, date and person served. The mail option depends on a receipt returned by the addressee, so a letter that comes back unclaimed is weak proof; handing the notice to the tenant is the safest method.

07 Chicago

How long is a notice to vacate in Chicago?

A landlord who ends a periodic tenancy, will not renew a fixed-term lease or raises the rent must give written notice at least 30 days before the termination date for a tenancy of less than six months, 60 days for six months to three years, and 120 days for more than three years (Municipal Code § 5-12-130(j)).

These are the periods of the Fair Notice Ordinance of 2020. If the notice is short or defective, the tenant may stay for up to 60 days after it is given (120 days for a tenancy of more than three years) on the terms of the month before the notice. The rules do not limit a termination for unpaid rent or a lease breach under § 5-12-130(a) and (b).

08 Foreclosure

What notice does a tenant get after a foreclosure?

At least 90 days. A mortgagee, receiver, certificate or deed holder, or judicial-sale purchaser who takes control of foreclosed residential property may end a bona fide lease only at the end of its term, or for a month-to-month or week-to-week tenancy, on no less than 90 days' written notice (735 ILCS 5/9-207.5).

An individual who buys at the judicial sale and will live in the unit as a primary residence may end the lease before its term ends, but still on 90 days' notice. The new owner keeps the right to use a 5-day or 10-day notice if the tenant fails to pay rent or breaks the lease (9-207.5(c)).

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