Eviction Complaint (Illinois Eviction Act)

ILLINOIS EVICTION ACT COMPLAINT

Filed Pursuant to 735 ILCS 5/9-101 et seq.

1. CAPTION

IN THE CIRCUIT COURT OF [_______________] COUNTY, ILLINOIS

Case No.: [________________________]

Calendar / Room: [________________________]

Joint Action ☐ Yes ☐ No (Possession Only)

Amount Claimed (money damages): $[__________]

2. INTRODUCTION AND PARTIES

1. This is an action under the Illinois Eviction Act, 735 ILCS 5/9-101 et seq., to recover possession of residential real property and, where indicated, unpaid rent and other damages.

2. Plaintiff, [PLAINTIFF NAME], is the [☐ owner ☐ landlord ☐ authorized agent ☐ assignee ☐ successor in interest] of the premises identified below and is entitled to possession.

3. Defendant, [DEFENDANT NAME], is the tenant in possession of the premises pursuant to a [☐ written ☐ oral] [☐ fixed-term ☐ month-to-month ☐ week-to-week] lease/rental agreement dated [__/__/____].

4. Defendants "All Unknown Occupants" are joined to bind any other persons in possession (735 ILCS 5/9-107.5).

3. JURISDICTION AND VENUE

5. The Court has subject-matter jurisdiction under Article VI of the Illinois Constitution and 735 ILCS 5/9-102. The premises is located in [_______________] County, Illinois, making venue proper in this Court under 735 ILCS 5/9-102 and 735 ILCS 5/2-103.

6. The amount in controversy [does / does not] exceed $[__________]; this matter is properly assigned to the [Eviction Section / Small Claims / Law Division] of this Court.

4. THE PREMISES

7. The premises that is the subject of this action is commonly known as:

8. Plaintiff is entitled to possession of the premises as described in this Complaint.

5. THE LEASE / RENTAL AGREEMENT

9. Defendant occupied the premises pursuant to a [written / oral] lease commencing on [__/__/____].

10. The monthly rent was $[__________], due on the [____] day of each month.

11. A true and correct copy of the written lease (if any) is attached as Exhibit B.

12. RLTO / RTLO Compliance (if applicable):

    • ☐ Plaintiff attached the required Chicago RLTO Summary at lease execution and each renewal (Chicago Mun. Code § 5-12-170);
    • ☐ Plaintiff complied with Cook County RTLO disclosures and notice requirements;
    • ☐ Plaintiff complied with the Illinois Security Deposit Return Act, 765 ILCS 710/1 (residential deposits) / Security Deposit Interest Act, 765 ILCS 715/ (25+ unit properties; deposits held over 6 months) / Chicago RLTO § 5-12-080–081 (covered Chicago units), as applicable.

6. GROUND FOR EVICTION (CHOOSE APPLICABLE COUNT)

Federal notice check: Determine whether the dwelling is on a property participating in a covered housing program or subject to a federally backed mortgage under 15 U.S.C. § 9058(a). ☐ Not covered, based on [VERIFIED PROPERTY FACTS]. ☐ Covered; Plaintiff provided a notice to vacate on [DATE] stating a vacate date at least 30 days later, and attaches that notice and proof of service as Exhibit [____]. A state five-day notice alone does not satisfy § 9058(c) for a covered dwelling.

COUNT I — NON-PAYMENT OF RENT (735 ILCS 5/9-209)

13. Defendant has failed to pay rent due and owing for the following periods:

14. On [__/__/____], Plaintiff served on Defendant a Five-Day Notice to Pay Rent or Quit pursuant to 735 ILCS 5/9-209 (the "Five-Day Notice"). A true and correct copy of the Five-Day Notice and proof of service are attached as Exhibit A-1.

14A. If the dwelling is covered by 15 U.S.C. § 9058(a), Plaintiff also served the 30-day notice to vacate identified above, and its vacate date passed before this action was filed. The Five-Day Notice did not require Defendant to vacate sooner than § 9058(c) allows.

15. The Five-Day Notice contained the verbatim partial-payment language required by 735 ILCS 5/9-209.

16. More than five (5) days have elapsed since service of the Five-Day Notice. Defendant has failed and refused to pay the rent demanded.

17. The lease is terminated. Plaintiff seeks possession, rent due, court costs, and attorney's fees only if independently authorized by applicable law or an enforceable agreement: [IDENTIFY AUTHORITY OR OMIT FEES]. For a tenancy covered by Chicago Municipal Code § 5-12-140(f), do not rely solely on a tenant-pays-landlord-fees lease clause.

COUNT II — BREACH OF LEASE (735 ILCS 5/9-210)

18. Defendant materially breached the lease in the following manner:

[DETAILED FACTUAL ALLEGATIONS — DATES, LOCATIONS, LEASE PARAGRAPHS BREACHED]

19. On [__/__/____], Plaintiff served Defendant with a Ten-Day Notice to Quit and of Lease Termination pursuant to 735 ILCS 5/9-210. A true and correct copy and proof of service are attached as Exhibit A-2. Any asserted cure right arises from [LEASE PROVISION / VERIFIED LOCAL LAW / OTHER AUTHORITY], not from Section 9-210 itself.

20. The termination date stated in the notice has passed, and Defendant has not surrendered possession. If a separately identified cure right applied, plead the facts showing that the cure period expired without a legally sufficient cure: [________________________________].

21. The lease is terminated. Plaintiff is entitled to possession.

COUNT III — TERMINATION OF MONTH-TO-MONTH / NO-CAUSE TERMINATION (735 ILCS 5/9-207)

22. The tenancy is a [month-to-month / week-to-week / year-to-year / other periodic] tenancy.

23. On [__/__/____], Plaintiff served Defendant with a [30-day / 60-day / 7-day / Chicago Fair Notice tier-applicable] Notice to Terminate Tenancy under [735 ILCS 5/9-207 / § 9-205 / Chicago Mun. Code § 5-12-130(j)]. A true and correct copy and proof of service are attached as Exhibit A-3.

24. The Termination Date stated in the Notice has passed. Defendant continues in possession without right.

COUNT IV — HOLDOVER AFTER EXPIRATION OF FIXED-TERM LEASE

25. The lease, by its terms, expired on [__/__/____].

26. Defendant has remained in possession after the expiration without Plaintiff's consent and is a holdover tenant.

27. Under 735 ILCS 5/9-213, expiration of the fixed term itself requires no state-law notice to quit or demand for possession. Any separate notice required by the lease or applicable local law was [NOT REQUIRED / SERVED ON __/__/____]; if served, a copy and proof of service are attached as Exhibit A-4.

COUNT V — UNLAWFUL ACTIVITY / EXPEDITED PROCEEDING (735 ILCS 5/9-118)

28. The premises has been used for activities prohibited by 735 ILCS 5/9-118, specifically: [DESCRIBE].

29. Plaintiff is entitled to expedited proceedings under § 9-118.

7. JOINT RENT CLAIM AND GERMANE RELIEF (735 ILCS 5/9-106(f); 9-209)

30. Plaintiff seeks judgment for the following sums against Defendant:

Keep late fees separate from the rent and possession claim. Any separate late-fee money claim needs a valid basis and must meet applicable local limits; Chicago Municipal Code § 5-12-140(h) caps a covered monthly late charge at $10 for the first $500 of rent plus 5% of rent above $500.

Section 9-106(f) permits a rent claim in the eviction complaint; § 9-209 also permits that joinder for nonpayment. Include other requested sums only when independently authorized and germane to possession.

8. NOTICE TO SERVICEMEMBERS — SCRA COMPLIANCE

31. Plaintiff has investigated whether Defendant is in active military service. Based upon [public records / DMDC search dated __/__/____ / direct inquiry], Defendant [is / is not] in active military service within the meaning of the federal Servicemembers Civil Relief Act, 50 U.S.C. § 3901 et seq., and the Illinois Servicemembers Civil Relief Act, 330 ILCS 63/.

32. A non-military affidavit will be filed prior to entry of any default judgment.

9. ANTI-RETALIATION / ANTI-DISCRIMINATION CERTIFICATION

33. This action is not brought in retaliation for Defendant's exercise of any right under the Landlord Retaliation Act (765 ILCS 721/), the Immigrant Tenant Protection Act (765 ILCS 755/), the Chicago RLTO § 5-12-150, the Cook County RTLO § 42-806, or any other applicable law.

34. This action is not based, in whole or in part, on any class protected by 775 ILCS 5/3-101 et seq. (Illinois Human Rights Act), Cook Cnty. Code § 42-38 (Just Housing Amendment), or the federal Fair Housing Act, 42 U.S.C. § 3601 et seq.

10. JURY DEMAND

☐ Plaintiff demands trial by jury pursuant to 735 ILCS 5/9-108 and Ill. Sup. Ct. R. 139.

☐ Plaintiff does not demand a jury trial.

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays that this Honorable Court enter judgment in Plaintiff's favor and against Defendants, and:

A. Award Plaintiff possession of the premises identified in Section 4;

B. Issue an Eviction Order directing the Sheriff or other lawful officer to evict Defendants and place Plaintiff in possession;

C. Enter money judgment against Defendant in the total amount set forth in Section 7;

D. Award Plaintiff costs of suit and (where authorized) reasonable attorney's fees;

E. Award post-judgment interest at the statutory rate; and

F. Grant such other and further relief as the Court deems just and proper.

12. VERIFICATION (REQUIRED IF COMPLAINT IS VERIFIED)

STATE OF ILLINOIS )

COUNTY OF [__________] ) ss.

I, [AFFIANT NAME], being first duly sworn under oath, depose and state that I am the [Plaintiff / authorized agent of Plaintiff / managing member] of Plaintiff; that I have read the foregoing Complaint; and that the matters stated therein are true and correct to the best of my personal knowledge, except as to those matters stated on information and belief, and as to those matters I believe them to be true.

Signature: [____________________________]

Print Name: [____________________________]

Subscribed and sworn to before me this [____] day of [__________], 20[____].

[____________________________]
Notary Public

13. SIGNATURE BLOCK

Respectfully submitted,

By: [____________________________] Date: [__/__/____]

[ATTORNEY NAME]

ARDC No.: [__________]

[FIRM NAME]

[FIRM ADDRESS]

[CITY], Illinois [ZIP]

Telephone: [__________]

Email: [__________]

Attorney for Plaintiff

14. EXHIBIT LIST

• Exhibit A-1: Five-Day Notice to Pay Rent or Quit and proof of service (if Count I)
• Exhibit A-2: Ten-Day Notice to Quit / Lease Termination and proof of service (if Count II)
• Exhibit A-3: Notice to Terminate Tenancy and proof of service (if Count III)
• Exhibit A-4: Demand for Possession (if Count IV)
• Exhibit B: Lease / rental agreement (if written)
• Exhibit C: Rent ledger / accounting
• Exhibit D: Photographs / documentation of breach (if Count II/V)
• Exhibit E: Chicago RLTO Summary attachment / Cook County RTLO disclosures (if applicable)
• Exhibit F: Non-military affidavit (filed separately if seeking default)

15. ILLINOIS PRACTICE NOTES

A. Cook County — First Municipal District (City of Chicago)

• Eviction cases are heard at the Richard J. Daley Center, 50 W. Washington St., Chicago, IL.
• Cases are assigned through the Early Resolution Program (ERP) and Right to Counsel (RTC) pilot before trial; mediation is strongly encouraged and frequently court-ordered.
• Local rules require use of standardized forms (CCM-N005, CCM-N006). Confirm the most recent revision before filing.
• Sheriff's eviction stays: The Cook County Sheriff has at times deprioritized residential evictions or imposed cold-weather moratoria. Confirm current Sheriff's policy at time of order enforcement.

B. Suburban Cook County — Municipal Districts 2–6

• Cook County Residential Tenant and Landlord Ordinance (RTLO) applies to most suburban-Cook units. Several municipalities opted out at adoption — confirm coverage.
• Some Cook County municipalities (Evanston, Oak Park, Mount Prospect) have their own ordinances overlaying the RTLO.

C. DuPage, Lake, Will, Kane, McHenry Counties

• Use Illinois Supreme Court standardized eviction forms.
• Local circuit court has supplemental rules (e.g., Lake Cnty. Cir. R. 5.04 — verified complaint required for ex parte motions).

D. Eviction Sealing

• 735 ILCS 5/9-121 — discretionary sealing for cases without factual/legal basis.
• 735 ILCS 5/9-122 — the court file shall be sealed upon commencement of a residential eviction action filed during the COVID-19 emergency and economic recovery period (March 9, 2020 – March 31, 2022). For a qualifying action still pending and unsealed when the Act took effect, the court must order sealing; no party motion is required by this section.

E. Right to Counsel

• The City of Chicago Right to Counsel pilot, administered with Lawyers' Committee for Better Housing and Legal Aid Chicago, provides free attorneys to qualifying low-income tenants. Cases are matched at the first court date through the Early Resolution Program.

F. Just Housing Amendment Compliance

• Cook County Human Rights Ordinance § 42-38 prohibits use of criminal history more than 3 years old, and requires individualized assessment for any conviction within the prior 3 years. Plead facts demonstrating non-reliance on criminal history if it could be at issue.

16. SOURCES AND REFERENCES

• 735 ILCS 5/Article IX (Eviction): https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073500050HArt%2E+IX&ActID=2017
• Illinois Supreme Court Rule 139 (Eviction Practice): https://courts.illinois.gov/Rules/Art_I/ArtI.htm
• Illinois Supreme Court approved eviction forms: https://www.illinoiscourts.gov/forms/approved-forms/
• Cook County Eviction Section: https://www.cookcountycourtil.gov/district/first-municipal-district-chicago/evictions-section-forcible-entry-and-detainer
• Chicago Mun. Code ch. 5-12 (RLTO): https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2639041
• Cook County RTLO: https://www.cookcountyil.gov/agency/cook-county-residential-tenant-landlord-ordinance
• Cook County Just Housing Amendment: https://www.cookcountyil.gov/content/just-housing-amendment-human-rights-ordinance
• Lawyers' Committee for Better Housing: https://www.lcbh.org
• Chicago Right to Counsel pilot evaluation (2024): https://chicagobarfoundation.org/wp-content/uploads/2024/11/Stouts-Independent-Evaluation-of-Chicago-RTC_FINAL_2024.11.08.pdf