Illinois Eviction Notice + Eviction (Forcible Entry & Detainer) Complaint Package

Illinois Eviction Notice + Eviction (Forcible Entry & Detainer) Complaint Package

PART A — PRE-SUIT NOTICE

VARIANT 1 — FIVE (5) DAY NOTICE / DEMAND FOR RENT (735 ILCS 5/9-209)

FIVE (5) DAY NOTICE — DEMAND FOR PAYMENT OF RENT

TO: [________________________________] (Tenant)
AND TO: All other occupants of the premises located at:
[____________________________________________________________]
City of [____________________], County of [____________________], Illinois.

YOU ARE HEREBY NOTIFIED that there is now due to the Landlord/Owner the sum of $[____________] for rent and other charges for the premises described above, itemized as follows:

DEMAND IS HEREBY MADE FOR PAYMENT of said sum. Unless payment is made on or before [__/__/____] (a date not less than five (5) days after service of this Notice), the Landlord elects to terminate your lease, and your right to possession of the premises will end. The Landlord may then commence an eviction action against you under 735 ILCS 5/9-209 without further notice or demand.

STATUTORY PARTIAL-PAYMENT LANGUAGE (required by 735 ILCS 5/9-209):

"Only FULL PAYMENT of the rent demanded in this notice will waive the landlord's right to terminate the lease under this notice, unless the landlord agrees in writing to continue the lease in exchange for receiving partial payment."

Payment must be tendered to:
Name: [________________________________]
Address: [________________________________]
Acceptable methods: ☐ Certified funds ☐ Money order ☐ Electronic transfer to [____________________] ☐ Other: [____________________]

Dated: [__/__/____]

[________________________________]
Landlord / Authorized Agent
[________________________________]
Address / Telephone

VARIANT 2 — TEN (10) DAY NOTICE OF LEASE TERMINATION (735 ILCS 5/9-210)

TEN (10) DAY NOTICE OF TERMINATION OF LEASE FOR NON-RENT BREACH

TO: [________________________________] (Tenant)

YOU ARE HEREBY NOTIFIED that your tenancy of the premises located at [____________________________________________________________] is terminated effective ten (10) days after service of this Notice, by reason of your breach of the following lease covenant(s) / Illinois law:

☐ Unauthorized occupants or pets
☐ Material property damage beyond ordinary wear and tear
☐ Repeated disturbance / nuisance
☐ Unauthorized subletting / assignment
☐ Other material lease violation: [____________________________________]

Specific facts: [____________________________________________________________]
Date(s) of violation: [__/__/____]

If you do not surrender possession on or before [__/__/____], the Landlord will commence an eviction action against you under 735 ILCS 5/9-210.

Dated: [__/__/____]

[________________________________]
Landlord / Authorized Agent

VARIANT 3 — THIRTY (30) DAY NOTICE TO TERMINATE MONTH-TO-MONTH (735 ILCS 5/9-207)

THIRTY (30) DAY NOTICE OF TERMINATION OF MONTH-TO-MONTH TENANCY

TO: [________________________________] (Tenant)

YOU ARE HEREBY NOTIFIED that the month-to-month tenancy under which you occupy [____________________________________________________________] is terminated effective [__/__/____] (a date not less than 30 days after service and aligned with the end of a rental period). You must vacate the premises and surrender possession on or before that date.

Dated: [__/__/____]

[________________________________]
Landlord / Authorized Agent

CERTIFICATE / AFFIDAVIT OF SERVICE OF NOTICE (735 ILCS 5/9-211)

I, [________________________________], being duly sworn upon oath, depose and state:

1. I am ☐ the Landlord ☐ the Landlord's authorized agent ☐ a person not a party to this action.
2. On [__/__/____] at approximately [____]:[____] ☐ a.m. ☐ p.m., I served the foregoing Notice upon the Tenant by:

☐ Personal delivery to the Tenant
☐ Delivery to a person residing on or in possession of the premises who is 13 years of age or older, namely: [________________________________]
☐ Sending a copy by certified or registered mail, return receipt requested (Tracking #: [____________________])

[________________________________]
Affiant Signature

Subscribed and sworn before me this [____] day of [____________________], [______].

[________________________________]
Notary Public

PART B — VERIFIED EVICTION COMPLAINT

IN THE CIRCUIT COURT OF THE [_______________________________] JUDICIAL CIRCUIT
[____________________] COUNTY, ILLINOIS
[☐ Municipal Department ☐ Law Division — First Municipal District (Cook County) ☐ Small Claims]

Case No.: [____________________]
Calendar/Room: [____________________]

VERIFIED COMPLAINT IN EVICTION

(735 ILCS 5/9-101 et seq.)

NOW COMES Plaintiff, [________________________________], by and through its undersigned attorney (if any), and for its Verified Complaint against Defendant(s), alleges as follows:

1. PARTIES AND PROPERTY.

a. Plaintiff is the ☐ owner ☐ lessor ☐ agent of the owner of the premises located at:
[____________________________________________________________], City of [____________________], County of [____________________], Illinois (the "Premises").

b. Defendant(s) is/are in possession of the Premises.

2. JURISDICTION AND VENUE. The Premises is located within the jurisdiction of this Court. Venue is proper under 735 ILCS 5/9-106.

3. TENANCY. Defendant(s) entered into possession under a ☐ written lease dated [__/__/____] ☐ oral month-to-month tenancy, at a monthly rent of $[__________], due on the [____] day of each month. A true copy of the written lease, if any, is attached as Exhibit A.

4. GROUND FOR EVICTION. [Select one or more]

☐ Nonpayment of rent (735 ILCS 5/9-209). Defendant has failed to pay rent due and owing in the amount of $[__________] as of [__/__/____], itemized in Exhibit B.

☐ Breach of lease covenant (735 ILCS 5/9-210). Defendant has materially breached the lease as follows: [____________________________________].

☐ Holdover after termination of month-to-month tenancy (735 ILCS 5/9-207).

☐ Expiration of lease term. The lease term expired on [__/__/____].

☐ Expedited drug / firearm action (735 ILCS 5/9-118).

5. STATUTORY NOTICE. Plaintiff served Defendant(s) with the requisite statutory notice on [__/__/____], a true copy of which (together with affidavit of service) is attached as Exhibit C. The notice period has expired and Defendant(s) has/have failed to cure or vacate.

6. AMOUNTS DUE (if joined under 735 ILCS 5/9-209).

7. ATTORNEY'S FEES. Plaintiff seeks reasonable attorney's fees pursuant to lease ¶ [____] and applicable law.

8. LOCAL ORDINANCE COMPLIANCE (if applicable).
☐ Premises is exempt from the Chicago RLTO / Cook County RTLO.
☐ Premises is covered by ☐ Chicago RLTO ☐ Cook County RTLO, and Plaintiff has complied with all applicable notice, attachment, and disclosure requirements (RLTO summary attached; security-deposit interest paid; cure-period afforded where applicable).

WHEREFORE, Plaintiff prays for judgment against Defendant(s) as follows:

A. For possession of the Premises;
B. For the issuance of an Eviction Order under 735 ILCS 5/9-117 directing the Sheriff to restore Plaintiff to possession;
C. For money judgment in the amount of $[__________] plus per-diem rent of $[__________] for any period the Defendant remains in possession after entry of judgment;
D. For costs of suit and (where permitted) reasonable attorney's fees;
E. For such other and further relief as the Court deems just.

Dated: [__/__/____]

Respectfully submitted,

[________________________________]
Attorney for Plaintiff (or Plaintiff pro se)
ARDC No.: [____________________]
Firm: [________________________________]
Address: [________________________________]
Telephone: [____________________]
E-mail: [________________________________]

VERIFICATION (735 ILCS 5/1-109 / 5/9-104.1)

Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in the foregoing Verified Complaint are true and correct, except as to matters therein stated to be on information and belief, and as to such matters the undersigned certifies as aforesaid that he/she verily believes the same to be true.

[________________________________]
[Printed Name and Title]

EXHIBITS

• Exhibit A: Lease Agreement (if written)
• Exhibit B: Rent Ledger / Itemization of Amounts Due
• Exhibit C: Statutory Notice and Affidavit of Service
• Exhibit D: Chicago RLTO / Cook County RTLO Summary, if applicable
• Exhibit E: Other: [____________________]

EVICTION SUMMONS (Companion — Illinois Supreme Court Rule 101(b); Form 1-A)

To Defendant: You are summoned and required to appear in the [______] Courthouse, [________________________________], on [__/__/____] at [____]:[____] ☐ a.m. ☐ p.m., Room [____], to answer the Complaint in this case. If you fail to appear, a judgment by default may be entered against you for possession of the Premises and the relief requested in the Complaint.

PRACTICE NOTES

• Sealing of court records. Effective Jan. 1, 2023, eviction records in Illinois are automatically sealed for 30 days from filing under 735 ILCS 5/9-121, and a tenant may move to seal post-judgment.
• CDC/COVID-19 holdovers. All federal eviction moratoria have expired; however, several Illinois municipalities retain just-cause and "Fair Notice" ordinances. Verify current ordinance status.
• Landlord Retaliation Act (765 ILCS 721/5, eff. 2025). Plead facts showing the eviction is NOT retaliatory; tenants may raise retaliation as an affirmative defense.
• Sheriff enforcement. After judgment, the Plaintiff must obtain an Eviction Order and deliver it to the Sheriff; the Sheriff in Cook County typically enforces within 30–60 days.
• Pro-rata rent during stay. 735 ILCS 5/9-209 permits the landlord to plead pro-rata rent for any period during which a judgment is stayed.

SOURCES AND REFERENCES

• 735 ILCS 5/9-101 et seq. (Illinois Eviction Article): https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2017&ChapterID=56&SeqStart=21600000&SeqEnd=23200000
• Chicago RLTO: https://www.chicago.gov/city/en/depts/doh/provdrs/landlords/svcs/residential-landlord-and-tenant-ordinance.html
• Cook County RTLO: https://www.cookcountyil.gov/rtlo
• Illinois Supreme Court Eviction Forms: https://www.illinoiscourts.gov/forms/approved-forms/forms-approved-forms-circuit-court/?type=eviction