Illinois eviction procedure is layered with state law plus Chicago and Cook County ordinances. Know which apply to your property.
Illinois's eviction process is called Forcible Entry and Detainer (FED), governed by the Illinois Eviction Act (735 ILCS 5/9). Cases are filed in circuit court at the county level. Illinois is moderately tenant-protective, with the City of Chicago imposing additional requirements through the Residential Landlord and Tenant Ordinance (RLTO). Uncontested cases typically conclude within five to eight weeks; contested cases significantly longer.
FED cases are filed in the circuit court of the county where the property is located. Cook County (Chicago) has a dedicated First Municipal District Eviction Court that handles eviction cases. Other counties handle FED cases through their general civil dockets.
For non-payment of rent, Illinois requires a 5-day written notice to pay or quit. The notice must state the exact amount owed and inform the tenant that the lease will terminate unless payment is made within five days. If the tenant tenders the full amount within the five-day period, the lease continues.
For lease violations other than non-payment, Illinois requires a 10-day notice to vacate. Some lease violations may require a longer cure period depending on the nature of the violation and the lease terms.
For month-to-month tenancies without cause, Illinois requires 30 days written notice. The City of Chicago RLTO imposes additional notice requirements for certain tenancies including 30 days for tenancies under 6 months, 60 days for 6 months to 3 years, and 120 days for 3+ years. Deliver notices by personal service, posting and certified mail.
After the notice period expires, file an eviction complaint in the circuit court covering the property's county. Filing fees in Illinois range from approximately $200 to $350 depending on county and case value. Service is performed by the sheriff or a special process server appointed by the court.
The tenant has 21 days from service to file an answer in most cases (this varies by jurisdiction). After the answer, the court schedules a trial date. Cook County's eviction court can have significant scheduling delays, particularly for contested cases.
Illinois eviction hearings follow standard civil procedure. Bring your lease, the notice you served, proof of service, your rent ledger, photographs, and any communication records. Cook County eviction court has specific procedures and you should review the latest court protocols before your hearing date.
If you prevail, the court enters an order for possession. There is typically a stay of enforcement — in Cook County, generally 15 days — before the sheriff can execute the order. Tenants have appeal rights and can request additional stays for hardship.
Cook County, anchored by Chicago, is Illinois's most populous county and the second most populous county in the United States. Cook County's First Municipal District Eviction Court handles all eviction cases for the city of Chicago and many suburban areas at the Daley Center downtown. The City of Chicago RLTO adds significant tenant protections beyond state law that apply to most rental properties in the city. Filing in Cook County requires understanding both state law and Chicago-specific ordinance requirements.
DuPage County, immediately west of Cook County, includes affluent western Chicago suburbs like Naperville, Wheaton, and Elmhurst. DuPage County eviction cases are filed at the DuPage County Courthouse in Wheaton. DuPage cases are not subject to Chicago RLTO requirements but follow standard Illinois eviction procedure. For detailed landlord-tenant law specific to each county — including RLTO information, court contacts, and procedural variations — see Cook County landlord-tenant law and DuPage County landlord-tenant law.
Illinois eviction procedure is layered with the state Eviction Act, the Cook County Residential Tenant Landlord Ordinance, and the City of Chicago RLTO depending on property location. Each layer adds specific requirements that supersede general state procedure for properties they cover. See the full Illinois landlord-tenant law guide for notice requirements, security deposit rules, and county-specific information.
Once the order for possession becomes enforceable, the sheriff executes the order. In Cook County, sheriff's eviction units have significant case volumes and lockouts may be scheduled out further than in less populous counties. Be present with a locksmith.
Illinois law requires landlords to handle tenant property carefully after eviction. The Chicago RLTO has additional specific requirements for storage and disposal. Document the unit's condition with photographs immediately after the lockout.