Illinois Supreme Court-Approved Instructions, How to File and Present an Eviction Case

continues until Tuesday and you could file the
prove in Court that the Notice was served. eviction case on Wednesday.
o You only need to prepare 1 Notice or Demand and 1
Affidavit of Service of a Demand or Notice even if How do I evict my tenant for not paying rent?
you have more than 1 tenant or unknown occupant o Serve the tenant with a Notice of Termination for
to serve. Be sure to keep a copy of each one for Non-Payment of Rent that demands that the
yourself. overdue rent be paid within 5 days. This Notice is
Each Notice, except for the Demand for Immediate often called a "5-Day Notice."
Possession, has a different notice period. This is the NOTE:
number of days you must wait after the Notice is served • If your tenant offers you the full amount of the
before you can file your Eviction Complaint. If you file rent demanded in the Notice within 5 days, you
the Eviction Complaint before the notice period ends, the must accept it and you cannot file the Eviction
judge may dismiss it and you will have to start over. Complaint.
NOTE: The notice requirements may be different if • If your tenant offers you the full amount of the
required by the lease, local landlord-tenant law, or in rent demanded in the Notice after the 5 days
cases involving commercial leases, post-foreclosure, has passed but before you have filed an Eviction
mobile homes, condominium actions against owners, Complaint, you may accept the money but if you
public and project based subsidized housing, and do, you will not be able to file the Eviction
contracts for deed (also called rent to own agreements Complaint.
or installment sales agreements).
• If your tenant offers you the full amount of the
rent demanded in the Notice after you filed an
How do I serve the written notice? Eviction Complaint, ask the