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What is the eviction process in Illinois?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

Illinois eviction is governed by the Eviction Act, 735 ILCS 5/9-101 et seq. (formerly the Forcible Entry and Detainer Act).

1. Pre-Eviction Notice

  • Nonpayment of rent: 5-day notice to pay or quit (735 ILCS 5/9-209). Tenant cures by paying full amount within 5 days.
  • Lease violation: 10-day notice to terminate (735 ILCS 5/9-210); breach is not curable unless lease provides.
  • No-cause month-to-month termination: 30-day notice (735 ILCS 5/9-207); Chicago Residential Landlord-Tenant Ordinance (RLTO) often requires longer.
  • Year-to-year tenancy: 60-day notice before end of year (§ 5/9-205).

    • 2. Filing the Eviction Action

    Landlord files an Eviction Complaint and Summons in the Circuit Court of the county where the property is located. Filing fee is $237-$391 in Cook County and varies elsewhere.

    3. Summons and First Appearance

    Summons sets the first court date 7-40 days after filing (Sup. Ct. Rule 101(b)). Defendant must appear; written answer is generally not required at the first date.

    4. Trial

    If tenant contests, court sets trial. Either party may demand a jury (12 jurors; demand fee applies). Trial typically held within 30-60 days.

    5. Judgment and Order of Possession

    If landlord wins, court enters an order of possession. Court typically grants a stay of 7-14 days before enforcement.

    6. Sheriff Enforcement

    Landlord delivers the order to the sheriff for placement on the eviction list. Sheriff serves notice and executes the eviction; in Cook County the wait can be 30-60 days due to backlog.

    7. Tenant Defenses

    Tender of full rent before judgment, warranty of habitability, retaliation (765 ILCS 720/1), Chicago RLTO violations, improper notice, illegal lockout (forcible entry), and Source of Income discrimination.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You live in Chicago and the RLTO applies
    • You can pay before judgment to cure default
    • Landlord locked you out without a court order
    Related Statutes & Laws
    • 735 ILCS 5/9-209
    • 735 ILCS 5/9-210
    • 735 ILCS 5/9-207
    • 765 ILCS 720/1

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.