What is the eviction process in Illinois?

1. Statutory Framework. Illinois eviction is governed by the Eviction Act, 735 ILCS 5/9-101 to 5/9-321 (renamed from Forcible Entry and Detainer in 2018).

2. Pre-Filing Notice. Nonpayment requires a 5-day notice to pay or quit (735 ILCS 5/9-209). Lease violations require a 10-day notice (5/9-210). Month-to-month no-cause termination requires 30 days (5/9-207); year-to-year tenancies require 60 days (5/9-205). Chicago RLTO requires 30 days for no-fault non-renewal.

3. Filing the Complaint. File the eviction complaint and summons in the circuit court of the county where the property is located. Filing fee varies by county (approximately $237-$388 in Cook County).

4. Tenant Answer / Default. Tenant must appear on the return date stated in the summons (typically 7-40 days after filing). A written answer is not strictly required at first appearance.

5. Hearing. Eviction is a summary proceeding. Tenant may raise implied warranty of habitability (Jack Spring v. Little, 280 N.E.2d 208), retaliation (765 ILCS 720/1), Chicago RLTO defenses, and federal Fair Housing Act claims.

6. Writ of Possession. Order of possession is stayed for at least 7 days under 735 ILCS 5/9-117 (sometimes 14 days in Cook County). Sheriff then executes the eviction within the order's effective period (usually 120 days).

7. Self-Help Prohibition. The Illinois Forcible Entry Act and Chicago RLTO § 5-12-160 prohibit lockouts, utility cutoffs, and removal of belongings; Chicago violations carry up to two months' rent or twice the damages plus fees.

8. CARES Act. Federally-backed properties require a 30-day notice to vacate under 15 U.S.C. § 9058 for nonpayment-based filings.

9. Just-Cause. No statewide just-cause; Chicago Fair Notice Ordinance requires 30/60/120-day non-renewal notice tied to tenancy length, and Evanston/Cook County add residential tenant ordinances.

This is legal information, not legal advice.