[NOTICE TYPE] UNDER THE ILLINOIS FORCIBLE ENTRY AND DETAINER ACT

(735 Ill. Comp. Stat. 5/9-101 et seq.)

[Effective Date: [DATE]]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Cure Rights
6. Default & Remedies
7. Dispute Resolution & Governing Law
8. General Provisions
9. Certificate of Service
10. Execution Block

[// GUIDANCE: Delete any articles, sections, or bracketed text that are not applicable to the specific facts of your matter.]

1. DOCUMENT HEADER

1.1 Parties
• Landlord: [LANDLORD LEGAL NAME], a [STATE] [ENTITY TYPE] with principal place of business at [ADDRESS] (“Landlord”).
• Tenant: [TENANT LEGAL NAME], currently in possession of the Premises identified below (“Tenant”).

1.2 Premises
Street address: [FULL STREET ADDRESS, UNIT, CITY, STATE, ZIP] (the “Premises”).

1.3 Lease
That certain lease agreement dated [LEASE DATE] between Landlord and Tenant, together with all amendments and addenda (the “Lease”).

1.4 Notice Type & Statutory Basis
• [5-Day Notice for Non-Payment of Rent] pursuant to 735 Ill. Comp. Stat. 5/9-209 (2024); OR
• [10-Day Notice for Material Non-Monetary Breach] pursuant to 735 Ill. Comp. Stat. 5/9-210 (2024); OR
• [30-Day Notice of Termination of Month-to-Month Tenancy] pursuant to 735 Ill. Comp. Stat. 5/9-207 (2024).

1.5 Jurisdiction & Venue
Any forcible entry and detainer action based on this Notice shall be filed in the [NAME OF COUNTY] Circuit Court, Housing Section (the “Housing Court”), State of Illinois.

2. DEFINITIONS

“Assessment” – Any late fee, utility charge, or other sum due under the Lease in addition to Base Rent.
“Base Rent” – The periodic rent of $[AMOUNT] due on the [DAY] of each [MONTH/WEEK].
“Business Day” – Any day other than Saturday, Sunday, or a legally-recognized Illinois state holiday.
“Cure Amount” – The total of all unpaid Base Rent, Assessments, and other sums due through the Cure Deadline.
“Cure Deadline” – 5:00 p.m. local time on the final day of the applicable Statutory Notice Period.
“Statutory Notice Period” – The number of days required by the applicable section of 735 Ill. Comp. Stat. 5/9-101 et seq., measured in calendar days, excluding the day of service and including the last day.

3. OPERATIVE PROVISIONS

3.1 Demand for Payment or Possession
A. Non-Payment of Rent: Tenant is in default for failure to pay Base Rent and/or Assessments in the aggregate amount of $[AMOUNT DUE] as of [DATE].
B. Non-Monetary Breach: Tenant has materially violated the Lease as follows: [DESCRIBE DEFAULT].
C. Holdover: Tenant’s right of possession terminated on [TERMINATION DATE] and Tenant has failed to vacate.

Landlord hereby (i) demands full payment of the Cure Amount on or before the Cure Deadline, and (ii) demands that Tenant surrender possession of the Premises on or before expiration of the Statutory Notice Period.

3.2 Payment Location & Method
Payment must be made in certified funds to [PAYEE NAME] at [ADDRESS OR ONLINE PORTAL]. Partial payments will not be accepted absent a written, signed waiver by Landlord.

3.3 Conditional Extension
Acceptance of any payment after expiration of the Statutory Notice Period shall not waive Landlord’s right to possession unless Landlord executes a written reinstatement agreement.

4. REPRESENTATIONS & WARRANTIES

4.1 Landlord’s Authority
Landlord represents it is entitled to possession of the Premises and to enforce the Lease and applicable law.

4.2 Tenant’s Possession
Tenant acknowledges possession under the Lease and receipt of any prior notices required by law.

5. COVENANTS & CURE RIGHTS

5.1 Tenant’s Covenants
Tenant shall (a) remit the Cure Amount in full, or (b) vacate and surrender the Premises in broom-clean condition on or before the Cure Deadline.

5.2 Landlord’s Covenants
Upon timely cure, Landlord will accept payment and discontinue eviction efforts, subject to future compliance.

5.3 No Statutory Right to Cure—Non-Monetary Breach
[// GUIDANCE: For 10-Day Notices under 735 ILCS 5/9-210, Illinois law does not mandate a cure period. If Landlord elects to allow cure, add it here.]

6. DEFAULT & REMEDIES

6.1 Events of Default
Failure to comply with Section 5 constitutes an Event of Default.

6.2 Remedies
Upon an Event of Default, Landlord may immediately:
a. File a forcible entry and detainer action for possession, damages, and court costs;
b. Seek statutory damages, including unpaid rent, holdover rent, and reasonable attorneys’ fees where authorized by the Lease or statute;
c. Pursue any other remedy available at law or in equity.

6.3 Attorneys’ Fees & Costs
If Landlord prevails, Tenant shall pay all court costs and reasonable attorneys’ fees to the extent permitted by the Lease or applicable law.

7. DISPUTE RESOLUTION & GOVERNING LAW

7.1 Governing Law
This Notice and any ensuing litigation shall be governed exclusively by the laws of the State of Illinois.

7.2 Forum Selection
Venue lies solely in the Housing Court identified in Section 1.5.

7.3 Arbitration
Arbitration is not available for eviction proceedings.

7.4 Jury Trial
No provision herein waives either party’s constitutional right to a jury trial.

7.5 Injunctive Relief
Nothing herein limits Landlord’s right to equitable or injunctive relief as permitted under Illinois law.

8. GENERAL PROVISIONS

8.1 No Waiver
Landlord’s failure to strictly enforce this Notice shall not be construed as a waiver of any future breach.

8.2 Severability
If any provision of this Notice is declared unenforceable, the remaining provisions shall remain in full force.

8.3 Entire Notice
This document constitutes the entire notice required under applicable Illinois law and cannot be modified except by a subsequent written notice executed by Landlord.

8.4 Electronic Signatures
Electronic signatures shall be deemed originals for all purposes.

9. CERTIFICATE OF SERVICE

I, [NAME OF SERVER], hereby certify under penalty of perjury that on [DATE], I served this Notice upon Tenant as follows (check all that apply):

☐ Personal delivery to Tenant;
☐ Delivery to a person 13 years of age or older residing on the Premises;
☐ Posting on the main entrance of the Premises after diligent but unsuccessful attempt at personal service;
☐ Certified mail, return receipt requested, directed to Tenant at the Premises address.

Signature: ____
Date: ________

[// GUIDANCE: Service must comply with 735 Ill. Comp. Stat. 5/9-211 (2024). Check local rules for any additional service requirements (e.g., Chicago RLTO).]

10. EXECUTION BLOCK

LANDLORD:

[LANDLORD NAME]
Title: ____
Date: _____

TENANT ACKNOWLEDGMENT (optional):
Receipt of this Notice is hereby acknowledged.

[TENANT NAME]
Date: _____

[// GUIDANCE:
1. Attach rent ledgers or evidence of default if desired.
2. If the property is in Chicago, Evanston, or other “home-rule” municipalities, ensure compliance with local ordinances (e.g., Chicago RLTO §§ 5-12-010 et seq.).
3. Double-check that any grace period in the Lease has expired before serving a 5-Day Notice.
4. Consider concurrent service of a HUD “Notice of Past Due Rent” if the premises is subject to federally-subsidized housing rules.
5. File the forcible entry complaint promptly after the Statutory Notice Period to avoid waiver arguments.]

DISCLAIMER: This template is provided for informational purposes only and does not constitute legal advice. Consult a licensed Illinois attorney to adapt this document to your specific facts and to verify compliance with all applicable laws and ordinances.