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)
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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.
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Keep the full-payment statement in a 5-day notice, in bold, exactly as the statute words it.
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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.
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After a foreclosure a bona fide tenant gets at least 90 days’ notice (9-207.5).
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Serve it properly under 9-211 and keep the affidavit of service and any mail receipt.