Five-Day Notice to Pay Rent or Quit (Illinois)

FIVE-DAY NOTICE TO PAY RENT OR QUIT — ILLINOIS

Issued Pursuant to 735 ILCS 5/9-209

1. PARTIES AND PREMISES

2. DEMAND FOR PAYMENT

TO: [TENANT FULL LEGAL NAME(S)] AND ALL OTHER OCCUPANTS:

YOU ARE HEREBY NOTIFIED that the undersigned, your landlord (or duly authorized agent of your landlord), demands payment of rent now due and unpaid under your lease for the premises identified above.

3. FIVE-DAY DEADLINE TO CURE

UNLESS PAYMENT IS MADE IN FULL within FIVE (5) DAYS after service of this notice, your tenancy of the premises will terminate, and the landlord will commence an eviction action against you under the Illinois Eviction Act, 735 ILCS 5/9-101 et seq., to recover possession of the premises, all rent and damages owed, court costs, and (where authorized by lease or law) attorney's fees.

Payment must be tendered to:

4. 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.

5. CHICAGO RLTO ONE-TIME RIGHT TO CURE (IF APPLICABLE)

☐ This notice is governed by the Chicago Residential Landlord and Tenant Ordinance (RLTO), Chicago Mun. Code §§ 5-12-010 et seq.

If checked, the tenant retains a ONE-TIME right to cure the non-payment by paying:

1. The unpaid rent owed as of the date of payment;
2. All filing fees and court costs paid by the landlord; and
3. All process-server / service fees expended by the landlord;

at any time before issuance of an order of possession. Attorney's fees are NOT included in this cure tender. Chicago Mun. Code § 5-12-130(g).

This right may only be exercised once during the tenancy.

6. METHOD OF SERVICE (TO BE COMPLETED BY SERVER)

Service is made pursuant to 735 ILCS 5/9-211. Check the method used:

☐ Personal delivery to Tenant on [__/__/____] at [__:__ ☐ AM ☐ PM]

☐ Delivery to a person 13 years of age or older residing on or in possession of the premises:

• Recipient name: [__________]
• Recipient age (estimated): [____]
• Date / time: [__/__/____] at [__:__ ☐ AM ☐ PM]

☐ Certified mail, return receipt requested, addressed to Tenant at the premises

• USPS tracking #: [__________]
• Date mailed: [__/__/____]
• Date delivered (per USPS): [__/__/____]

☐ Posting on the premises (PERMITTED ONLY IF the premises is unoccupied)

• Date / time: [__/__/____] at [__:__ ☐ AM ☐ PM]
• Description of posting location: [______________________]

7. RIGHT TO COUNSEL AND LEGAL ASSISTANCE

You have the right to consult an attorney. If you cannot afford an attorney, free or low-cost legal aid may be available through:

• Illinois Legal Aid Online: www.illinoislegalaid.org
• Lawyers' Committee for Better Housing (LCBH) (Cook County): www.lcbh.org
• Legal Aid Chicago Tenant Helpline: (312) 738-9200
• Land of Lincoln Legal Aid (central / southern Illinois): (877) 342-7891
• Prairie State Legal Services (northern Illinois outside Cook): (855) 631-0811
• Cook County Legal Aid for Housing and Debt (CCLAHD): (855) 956-5763

If your unit is in the City of Chicago, the Right to Counsel pilot through the Lawyers' Committee for Better Housing and Legal Aid Chicago may provide a free attorney to represent you in court.

8. NON-WAIVER; PRESERVATION OF REMEDIES

The landlord's acceptance of any partial payment, late payment, or future rent does not waive any right or remedy under the lease, this notice, or Illinois law unless the waiver is in a writing signed by the landlord. The landlord reserves all rights under the lease, the Illinois Eviction Act (735 ILCS 5/9-101 et seq.), and applicable local ordinances.

9. CHICAGO RLTO OVERLAY ADDENDUM (USE FOR CITY OF CHICAGO UNITS)

This notice is governed by the Chicago Residential Landlord and Tenant Ordinance, Chicago Mun. Code §§ 5-12-010 et seq. ("RLTO").

Tenant rights expressly preserved:

• One-time right to cure non-payment of rent before order of possession (§ 5-12-130(g));
• Anti-retaliation protections (§ 5-12-150) — landlord may not retaliate for code complaints, requests for repairs, exercise of RLTO rights, or participation in tenant organizations;
• Habitability defense (§ 5-12-110) — material non-compliance by landlord with the warranty of habitability is a defense to the rent demanded;
• Security deposit interest and return (§ 5-12-080 / 5-12-081) — improperly withheld deposits and unpaid interest may be set off against rent owed (with proper § 5-12-080(f) notice);
• Required Summary attachment (§ 5-12-170) — failure to attach the City's RLTO Summary at lease execution and renewal is a tenant defense to certain landlord claims;
• Notice of foreclosure (§ 5-12-095);
• Rent increase / non-renewal Fair Notice Ordinance (§ 5-12-130(j)) — 30/60/120 day notice tiers (NOT applicable to non-payment-of-rent eviction).

10. SIGNATURE BLOCK

LANDLORD / AUTHORIZED AGENT:

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

Print Name: [____________________________]

Title / Capacity: ☐ Landlord ☐ Property Manager ☐ Authorized Agent ☐ Attorney

Address: [____________________________________________]

Telephone: [__________] Email: [__________]

Attorney for Landlord (if applicable):

Name: [____________________________] ARDC No.: [__________]

Firm: [____________________________]

Address: [____________________________________________]

11. AFFIDAVIT / PROOF OF SERVICE

STATE OF ILLINOIS )

COUNTY OF [__________] ) ss.

I, [SERVER NAME], being first duly sworn on oath, depose and state:

1. I am over 18 years of age and not a party to this matter.
2. On [__/__/____] at [__:__ ☐ AM ☐ PM], I served the foregoing Five-Day Notice to Pay Rent or Quit on Tenant by the method indicated in Section 6 above.
3. The facts stated herein are true and correct to the best of my knowledge.

Signature: [____________________________]

Print Name: [____________________________]

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

[____________________________]
Notary Public

My commission expires: [__/__/____]

12. SOURCES AND REFERENCES

• 735 ILCS 5/9-209 (Demand for rent — eviction action): https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K9-209
• 735 ILCS 5/9-211 (Service of demand or notice): https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073500050HArt%2E+IX&ActID=2017
• Chicago Mun. Code ch. 5-12 (RLTO): https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2639041
• Chicago RLTO Summary (City of Chicago): https://www.chicago.gov/dam/city/depts/dcd/general/housing/RLTOEnglish.pdf
• Cook County Just Housing Amendment: https://www.cookcountyil.gov/content/just-housing-amendment-human-rights-ordinance
• Illinois Legal Aid Online — Eviction: https://www.illinoislegalaid.org/legal-information/eviction-illinois
• Lawyers' Committee for Better Housing — Eviction Act: https://www.lcbh.org/laws/eviction-act