Quick Answer
In Illinois, a landlord who seeks possession for unpaid rent first gives the tenant a written five-day notice to pay. Paying the rent due within the five days is a defense to eviction. For a lease violation other than rent, the Attorney General’s summary describes a 10-day notice. Court action follows only if the notice period passes without payment or cure. Statute text last checked October 22, 2026.
Key Takeaways
- Five days to pay. The written notice gives the tenant five days to pay the rent due.
- Payment within five days is a defense. The tenant who pays in time stays.
- Ten days for other breaches. A different notice period applies to non-rent violations.
- Only the court orders possession. A sheriff carries out an eviction after a judgment.
- Keep proof. Record the date and method of delivery.
1. Count the Days Carefully
Write the notice date and the last day to pay on the notice itself. A five-day period is short, so a clear end date avoids confusion for everyone. Keep a copy and note how it was delivered.
2. What to Put in the Notice
State the tenant’s name and address, the exact amount of rent due and the period it covers, the number of days to pay, and your name and contact details. Keep late fees and other charges on separate lines, because the rent demand should match what is actually rent under the lease.
3. If the Tenant Pays
Accepting the full amount within the period resolves the notice. Give a written receipt that says what the payment covered. If you accept a partial payment, decide in writing how you will apply it before you take it.
4. The 10-Day Notice for Other Breaches
For violations other than rent, the notice period described is 10 days. Describe the violation specifically and say how to cure it. A vague notice invites disagreement about what was required.
5. After the Notice Period
If the tenant has not paid or cured, you file in court and serve a summons and complaint. You carry the burden of proof, and only a sheriff may carry out a physical eviction. Lockouts, lock changes, utility shutoffs and removal of belongings are not allowed.
6. A Checklist
- Calculate the exact rent due from the ledger.
- Prepare the notice with the amount, the days and the final date.
- Deliver it by a method you can document and keep a copy.
- Record any payment and write a receipt.
- If unpaid after the period, file in court and wait for the sheriff.
7. What This Guide Does Not Cover
This guide covers the notice stage. It does not cover the court case in detail, Chicago’s ordinance, or federal CARES Act notice rules for covered properties. It states the statute and does not predict how a court will rule.
8. Questions Owners Ask
Can I include the late fee in the five-day demand? Keep rent and other charges on separate lines so the rent demand is accurate.
Is five days a business-day count? Write the exact last date on the notice to avoid doubt.
Can I change the locks after five days? No. Possession is recovered through the court and a sheriff.