Illinois Eviction Process: Step-by-Step Guide (2026)

Step 1: The Breakdown of the Tenancy

Every eviction starts the same way: something goes wrong with the landlord-tenant relationship. The tenant fails to meet their obligations under the lease. In my experience, this happens in one of four ways:

• Non-payment of rent: The most common reason. The tenant is behind on rent or paying partial amounts.
• Lease violations: Pets, unauthorized guests moving in, property damage, illegal activity, or being impossible to deal with.
• Overstaying the lease: The lease expires, and the tenant refuses to sign a new one or simply won't leave.
• Squatters and unauthorized occupants: Someone is living in your property without any agreement at all.

Once you've identified the problem, it's time to take legal action. But you can't just file a lawsuit; Illinois law requires you to give the tenant proper notice first.

This process is a mass system. Illinois landlords filed more than 61,000 eviction cases in 2025, per the Administrative Office of the Illinois Courts. The 2023 peak was about 64,000 cases. In Chicago, filings averaged 3.7 per 100 rental units from 2010 to 2019, per the Lawyers' Committee for Better Housing. That is about 1 in 25 renters. The landlord who follows the steps precisely moves with the system, and the landlord who improvises stalls.

Step 2: Determining the Correct Notice

This is where landlords mess up most often. The type of notice you need (and how long that notice period lasts) depends on why you're evicting and where your property is located.

Chicago Notice Requirements (City of Chicago + Cook County)

In Chicago, notices are governed by both state statute and local ordinance. Important: the 120-day notice requirement under Chicago's Fair Notice Ordinance catches many landlords off guard. If your tenant has lived there more than 3 years, you're looking at a 4-month notice period before you can even file the lawsuit.

Suburban Cook County

The Cook County RTLO takes a simpler approach than Chicago: 60 days' written notice of termination or non-renewal, regardless of how long the tenant has lived there; there are no 30/60/120 tiers. If notice comes late, the tenant may remain for up to 120 days after proper notice is finally given.

DuPage County, Kane County, and the Rest of Illinois

Outside Cook County, Illinois law is simpler: the notice period is set by the type of tenancy, not by how long the tenant has lived there: 7 days week-to-week (735 ILCS 5/9-207(a)), 30 days month-to-month (9-207(b)), and 60 days year-to-year (9-205). This is one reason DuPage County evictions move significantly faster than Chicago.

Special Situations

Some tenancies need a modified playbook: no written lease (an oral tenancy is still a tenancy; a one-page affidavit replaces the lease), a tenant who used a fake identity (the "Unknown Occupants" statute solves the fake-name problem), or a squatter who never had permission. The notice logic above still governs; those guides cover what changes.

The same is true for an occupant who was never on the lease, a tenant who died mid-lease, a Section 8 tenancy, and a sheriff who has not enforced the order, or a difficult tenant who still pays the rent. Thinking about running the case without counsel? Read DIY eviction vs hiring an attorney first.

Step 3: Serving the Notice Properly

Here's where my clients mess up most frequently. The notice must be properly served, not just written correctly. If you serve it wrong, your entire case can get thrown out.

Personal Service (The Best Method)

Hand the notice directly to the tenant. This is the preferred method because there's no question they received it. The tenant does not need to sign anything. Your affidavit is sufficient even if the tenant later claims they never got it.

Substitute Service

If the tenant isn't available, you can give the notice to another adult (of suitable age and discretion) living in the unit. You must also mail a copy via first-class mail.

Certified Mail

You can send the notice via certified mail with return receipt requested. The green card showing the tenant signed for it becomes your proof. The risk: if the tenant refuses to sign or isn't home, you don't have valid service.

Can I Just Post the Notice on the Door?

Almost never. "Nail and mail" service is only appropriate when the property appears abandoned or you have unknown trespassers you've never contacted. If you know your tenant's first name, you almost certainly cannot post. This is the #1 mistake landlords make. Old-timer landlords will tell you posting is fine. It's not. Your case will get dismissed.

Free Download

Get the Exact Eviction Notices We File, Free

The Illinois Supreme Court standardized forms we serve for our own clients. Enter your email and all three download instantly.

• ✓ 5-Day Notice: Non-Payment of Rent
• ✓ 10-Day Notice: Lease Violation
• ✓ 30-Day Notice: Non-Renewal of Tenancy

Email address

Get the Free Notices

Official Illinois Supreme Court forms, provided as-is, not legal advice. We may follow up by email; no spam, unsubscribe anytime.

Step 4: Filing the Eviction Lawsuit

Once the notice period expires and the tenant hasn't complied, you can file the lawsuit. In legal terms this is an eviction action under 735 ILCS 5/9-101 et seq. You will still hear older lawyers and clerks call it forcible entry and detainer; Illinois renamed the action in 2018, and the court forms and e-filing categories all say eviction now.

Your filing must include:

• The termination notice you served
• The affidavit of service proving delivery
• The lease agreement (even if it's expired)
• A complaint stating your grounds for eviction

No written lease? You can still file. The Illinois Supreme Court publishes a one-page affidavit that takes the place of the lease attachment. I cover the whole no-lease process, including the affidavit, in my guide to evicting a tenant without a lease in Illinois.

The court assigns a date several weeks out. Then you must serve the tenant with a summons telling them to appear in court.

Serving the Summons

Until 2025, in Chicago the first attempt would always be made by the Cook County Sheriff. Most landlords still believe this is mandatory. You may still use the Sheriff (and they're frankly much cheaper than private servers), but the Sheriff frequently fails (they're overworked).

Now you can start with a special process server, a licensed private detective or agency. You still have the option of using the Sheriff, but it's no longer a prerequisite.

The court's longstanding ability to appoint any person over 18 (who isn't a party) to serve process remains unchanged. On timing, know what the 7 days actually means: under Ill. S. Ct. R. 101(b)(2), the clerk sets your appearance date not less than 7 and not more than 40 days after the summons issues. That governs the return date, not a service deadline. Get the tenant served well before the return date; if service does not land, you need a continuance and an alias summons.

If you can't get personal or substitute service, you can fall back on constructive service under 735 ILCS 5/9-107. The statute requires two things: a summons returned without service stating that service cannot be obtained, and an affidavit stating that the defendant is not a resident, has departed the State, on due inquiry cannot be found, or is concealed, plus the defendant's place of residence or a statement that diligent inquiry failed to find it. There is no five-attempt rule in the statute, though Cook County judges generally want to see several documented attempts before they accept a due-inquiry affidavit. And note who does the posting: the sheriff posts 3 copies of the notice in 3 public places near the courthouse at least 10 days before the appearance date and mails a copy to the last known address. You never post anything yourself.

Step 5: The Early Resolution Program (ERP) and Mediation

Here's something competitors don't tell you about: in Chicago, your first court date isn't a trial. It's an Early Resolution Program (ERP) compliance date.

What is the Early Resolution Program?

The ERP is a court-mandated mediation program designed to resolve eviction disputes before trial. Both landlord and tenant attend a counseling appointment where mediators try to help you reach an agreement. Participation is "voluntary", but you must attend the meeting even if you don't want to settle.

What Happens at ERP?

A neutral mediator facilitates a conversation. The goal is for the tenant to agree to move out voluntarily by a certain date, no eviction trial needed. Many responsible tenants agree to leave once they understand the process.

The ERP also connects eligible tenants with rental assistance programs. This actually benefits landlords: if the tenant qualifies, you may get paid the back rent they owe. I've had cases where landlords received thousands in rental assistance through this process.

What If Mediation Fails?

If the tenant doesn't show up, the court typically gives you a two-week continuance to notify them again. If they still don't appear, you can get a default judgment. If the tenant shows but you can't reach an agreement, the case proceeds to a trial setting.

Step 6: The Eviction Trial

If mediation fails, the next hearing sets a trial date. This is the only in-person hearing in the entire process where both landlord and tenant must appear at the courthouse, along with any relevant witnesses.

What Happens at Trial

The trial is straightforward if you've prepared properly. I put the landlord on the witness stand, they get sworn in, and I prove four simple things:

• You own the property (or have authority to manage it)
• You had a lease with the tenant
• The lease required an obligation (like paying rent)
• The tenant failed to meet that obligation

Then we prove proper notice was given. We present the notice and affidavit of service showing the tenant received it. If you've done everything correctly, the court almost always grants the eviction.

Step 7: Judgment and the Stay Period

When the court grants your eviction, two things happen:

• Possession judgment: the court orders the tenant to vacate.
• Money judgment: if you filed a joint action, the court awards you the back rent owed.

The court sets a stay date (typically 7 to 14 days), giving the tenant time to move out voluntarily. If they leave by that date, you're done. If they don't leave, you proceed to sheriff enforcement.

Step 8: Sheriff Enforcement

If the tenant refuses to vacate after the stay period, you hire the sheriff to physically remove them. Here's the process:

1. File the proper form with the Sheriff's office
2. Pay the Sheriff's fee (in Cook County, $65 e-filed and $95 in person at the time of this update). County boards set these fees by ordinance under 55 ILCS 5/4-5001, and they change, so confirm the current amount with the Sheriff's civil process division for your county.
3. Get 2 certified copies of your judgment
4. Wait for the sheriff to schedule an appointment

The wait time varies dramatically. Sometimes the sheriff comes in 2 weeks. Sometimes it takes 2 months. They come at their next available slot.

You must be present at the property to let the sheriffs in and oversee the removal. At that point, the eviction is complete; your property is back.

How Long Does a Chicago Eviction Actually Take?

Key insight: DuPage County evictions are dramatically faster than Chicago. If you own property in the suburbs, you're looking at roughly 10 weeks instead of 5 months. Some cases settle much faster. Through aggressive negotiation I've resolved cases in as little as 8 weeks.

Post-Judgment Collections: Getting Your Back Rent

Many cases include a money judgment for back rent. Here's the reality: tenants almost never pay voluntarily.

To collect, you need post-judgment enforcement, typically wage garnishment. This requires knowing two things:

• Where the tenant currently lives (after they move out)
• Where the tenant works

If you have both pieces of information, we file a wage deduction proceeding under 735 ILCS 5/12-801 and following. That runs against the employer, not the tenant: we serve a wage deduction summons and interrogatories on the employer, and the court enters a deduction order that binds the employer. Illinois caps the deduction at the lesser of 15% of gross weekly wages or the amount by which disposable earnings exceed 45 times the minimum wage (735 ILCS 5/12-803). To bring the tenant into court and put them under oath about their assets, the tool is a citation to discover assets under 735 ILCS 5/2-1402, and that is where contempt attaches: to ignoring the citation, not to simply failing to pay a money judgment.

I secure about $500,000 in back rent judgments for clients every year. While collection isn't guaranteed, having the judgment gives you legal recourse for years to come.

Why You Need an Eviction Lawyer

To put it simply: this process is hard. Everything from giving notices to filing the case is technical. The Illinois legislature has tried for years to make it simpler, and they haven't succeeded.

Common failure points I see from DIY landlords:

• Wrong notice type
• Improper service (posting when you shouldn't)
• Missing the Fair Notice Ordinance 120-day requirement
• RLTO compliance failures
• Forgetting to attach required documents

Each mistake can mean starting over from scratch, adding months to your timeline while your tenant lives rent-free.

My flat fee of $1,600 covers everything through trial. No hourly billing, no surprises. Whether your case takes 5 court appearances or 15, the price stays the same.