Can A Landlord Evict You Without A Court Order In Illinois?

Can a landlord evict you without a court order in Illinois for not paying rent or other lease violations?

Landlords in Illinois cannot evict tenants without a court order. So-called “self-help” evictions are illegal in Illinois. A landlord who shuts off utilities, changes the locks, or removes tenants or their belongings is carrying out an illegal eviction.

Depending on the court’s schedule, court-ordered evictions take from 2 weeks to several months.

Can A Landlord Evict You Without A Court Order In Illinois?

In Illinois, a landlord cannot evict tenants without cause. Grounds for eviction include:

• Failure to pay rent on time
• Lease violations
• Failure to leave after the lease ends
• Illegal activity

If the tenant fails to move out after receiving proper notice, the landlord can file an eviction lawsuit.

Landlords in Illinois cannot carry out self-help evictions. Before a tenant or their belongings can be legally removed from a property, a landlord must:

1. Obtain a court order
2. Present the court order to the sheriff’s department
3. Wait for officers to carry out the eviction

Illinois Eviction Notice Periods

Landlords must provide written notice before starting eviction proceedings. The notice period depends on the type of rental agreement and the violation.

Periodic Rental Agreements

Tenants with a periodic rental agreement in Illinois are entitled to:

• Week-to-week tenancy – 7 days notice
• Month-to-month tenancy – 30 days notice
• Quarter-to-quarter tenancy – 30 days notice
• Year-to-year tenancy – 60 days notice

Under a periodic rental agreement, landlords do not have to provide a reason for terminating the lease.

Fixed Term Leases

Tenants with a fixed lease in Illinois (usually 6 or 12 months) are entitled to the following notice periods (unless the lease specifies a longer period):

• Non-Payment of Rent – 5 days
• End of Lease (Holdover) – depends on rent payment frequency
• Lease Violation – 10 days
• Illegal Activity – 5 days
• Health & Safety Violation – 14 days ( Chicago only)

Failure To Pay Rent – Illinois 5-Day Notice To Pay Or Quit

This notice informs the tenant that unless they pay the full rent owed or move out within 5 days the landlord has the right to file an eviction lawsuit against them.

If tenants pay the outstanding rent in full before the notice period ends, landlords cannot file for eviction.

See Also:  Understanding The NJ Eviction Process For Non Payment Of Rent

Lease Violation – Illinois 10-Day Notice To Quit

This notice informs the tenant of their lease violation and gives them 10 days to move out without the chance to fix the violation. If the tenant doesn’t move out the landlord can start eviction proceedings.

Lease Violation – Illinois 10-Day Notice To Comply Or Quit

Landlords aren’t legally required to allow tenants to cure a lease violation but may choose to do so by issuing a 10-day Comply or Quit notice.

If the tenant fixes the lease violation they can stay, otherwise they need to move out to avoid an eviction lawsuit.

Illegal Activity – Illinois Unconditional 5-Day Notice To Quit

Landlords can evict tenants engaging in illegal activity by issuing a 5-day Unconditional Quit notice. Illegal activity includes:

• using or selling illegal drugs on the rental premises
• Committing illegal activity that results in an arrest
• Causing substantial property damage
• Causing harm to others
• Breaking local, state, or federal law

If the tenant doesn’t move out within 5 days, eviction proceedings can begin. The tenant does not have the chance to fix the issue.

Chicago 14-Day Notice To Comply

In Chicago, tenants can be evicted for health and safety violations. The landlord must issue a 14-day Notice to Comply specifying what the violation is and how the tenant can fix the issue.

Related: Recommended Way to find Apartments in Chicago that Accept Evictions

End Of Lease/Holdover

Landlords do not need to serve notice before filing for eviction when a tenant’s lease has ended.

At the end of a lease, a tenant who doesn’t move out becomes an illegal holdover tenant unless the tenancy has converted to a month-to-month or other periodic tenancy.

If the lease has converted to a periodic tenancy, the notice period required is determined by how frequently rent is paid. When rent is paid weekly, 7 days’ notice is required. If rent is paid monthly, 30 days’ notice is required.

How The Eviction Process Works In Illinois

The eviction notice must be sent via certified mail or hand-delivered to the tenant (or an occupant at least 13 years old).

If tenants remain in the rental property without rectifying the lease violation, the landlord can file an eviction lawsuit once the notice period ends.

Under the Illinois Forcible Entry and Detainer Act, after filing an eviction lawsuit the landlord must serve the tenant with a summons and complaint.

The summons and complaint must be served on the tenant by a:

• Sheriff
• Process server
• Person over the age of 18 who isn’t party to the case

Methods of service include:

• Handing the summons to the tenant (or an occupant over 13 years old)
• Mailing the summons via certified mail
• Posting the summons at the rental (if other methods fail)

The summons must be served on the tenant at least 3 days before the eviction hearing (7 days in Cook County).

The summons will include the date of the court hearing. Hearings are scheduled 7-40 days after the date the summons was issued.

If the tenant loses the eviction case, the judge will order them to leave the property by a certain date. They may be given extra time to move out.

If the tenant doesn’t attend the hearing to contest the eviction, the landlord will receive a default judgment allowing the eviction to go ahead.

Tenants have 30 days to vacate (appeal) a default judgment and appear at a hearing to explain why they should not be evicted.

On the day of the eviction, the landlord will be accompanied by officers from the sheriff’s department who will ensure the occupants leave the premises.

How to Evict A Family Member In Illinois

If the family member is on the lease, the only person who can evict them is the landlord. The landlord will need a valid reason to evict them and must follow the eviction process.

The only exception is if the person is threatening others in the home or acting violently. In that case, the court can issue a restraining order requiring the person to leave immediately.

If the family member isn’t on the lease or lives in an owner-occupied home, the process is more straightforward.

The first step in evicting a family member with no lease in Illinois is issuing a notice to quit.

If they don’t move out, the next step is filing an eviction lawsuit and waiting for the court to order the eviction.

Illinois Eviction Process Without Lease

When there is no lease, the tenancy is an “at will” rental agreement. To end an at-will rental agreement, the landlord must give the tenant a 30-day notice to quit. The landlord doesn’t need to provide a reason for ending the tenancy.

If the tenant doesn’t move out, the landlord can file an eviction lawsuit.

For more information about evictions and tenant’s rights, visit Illinois Legal Aid at: https://www.illinoislegalaid.org/legal-information/being-evicted.