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Housing disputes in Illinois

Illinois calls its eviction process a Forcible Entry and Detainer action, filed in Circuit Court. For Chicago landlords, the city's Residential Landlord and Tenant Ordinance (RLTO) adds significant additional requirements on top of state law — including an Early Resolution Program for Cook County cases. Outside Chicago, the process is simpler and often faster.

Illinois eviction law is governed by the Illinois Forcible Entry and Detainer Act (735 ILCS 5/9-101 through 5/9-321). Cases are filed in the Circuit Court of the county where the property is located.

For nonpayment of rent, a 5-Day Notice to Pay Rent or Vacate is required. For lease violations, a 10-Day Notice to Cure or Vacate is required. For month-to-month termination: 30-day notice outside Chicago; inside Chicago, notice requirements depend on tenancy length — tenants of 3+ years require 120-day notice under Chicago's Fair Notice Ordinance.

Chicago RLTO: If the property is in Chicago, the Chicago Residential Landlord and Tenant Ordinance applies significant additional requirements: required disclosures at lease signing, specific procedures for security deposit interest, and the Right to Cure provisions. Chicago landlords must attach a summary of the RLTO to all leases.

Cook County Early Resolution Program (ERP): In Cook County, eviction cases are first directed to an Early Resolution Program compliance date before proceeding to trial. This adds a court appearance but often resolves cases without trial.

Notice requirements in Illinois

Nonpayment of rent: 5-Day Notice to Pay Rent or Vacate (state law minimum).

Lease violation: 10-Day Notice to Cure or Vacate.

Month-to-month termination (outside Chicago): 30-day notice.

Chicago Fair Notice Ordinance: - Tenancy under 6 months: 30-day notice - Tenancy 6 months to 3 years: 60-day notice - Tenancy 3+ years: 120-day notice

Service methods: personal delivery to tenant, substitute service to person 13+ at unit + mail, or certified/registered mail with return receipt.

Filing information

File an Eviction Complaint and Summons (Forcible Entry and Detainer) with the Circuit Court of the county where the property is located.

Cook County filing fee: $237 (possession + under $15,000 in damages) or $432 (possession + over $15,000 in damages). Cook County Sheriff service fee: $60 per named defendant.

Outside Cook County: filing fees vary by county, typically $60-250.

After filing, Sheriff or process server delivers Summons to tenant. Court date is set.

Cook County: first court date is an Early Resolution Program (ERP) compliance date, not a trial. Cases that don't resolve proceed to trial.

Outside Cook County: trial date set at filing, typically 2-3 weeks out.

After judgment: Order for Possession issued. If tenant does not vacate, landlord requests Writ of Possession. Only the Sheriff can physically remove the tenant.

Local resources

Frequently asked questions

What notice is required before filing an eviction in Illinois?+
A 5-day Notice to Pay Rent or Vacate is required for nonpayment of rent. A 10-day Notice to Cure or Vacate is required for lease violations. These are state minimums. Chicago has significantly longer notice requirements under the Fair Notice Ordinance: 30 days (under 6 months tenancy), 60 days (6 months to 3 years), or 120 days (3+ years). Chicago landlords must use the longer of the state or city requirement.
How does Chicago's RLTO affect evictions?+
The Chicago Residential Landlord and Tenant Ordinance (RLTO) adds significant requirements beyond state law. These include attaching an RLTO summary to all leases, paying interest on security deposits, longer notice periods under the Fair Notice Ordinance, and stronger tenant defenses. Landlords who fail to comply with RLTO requirements can face case dismissal. Chicago evictions are typically slower and more complex than those in other Illinois counties.
What is the filing fee for eviction in Cook County?+
The Circuit Court of Cook County charges $237 to file an eviction seeking possession with under $15,000 in rent damages. For cases seeking over $15,000, the fee is $432. The Cook County Sheriff charges $60 per named defendant for service. These are 2026 figures — verify current fees with the clerk before filing.
What is the Cook County Early Resolution Program?+
In Cook County, eviction cases are first directed to an Early Resolution Program (ERP) compliance date before proceeding to trial. At the ERP date, a mediator attempts to help the parties reach a settlement — often a payment plan or agreed move-out date. If mediation fails, the case is set for trial. The ERP adds a court appearance but often resolves cases faster than going to trial.

General information only. This page is based on publicly available statutes and court rules. It is not legal advice, does not constitute a legal opinion, and does not create an attorney-client relationship. Laws change and individual circumstances vary. Consult a licensed attorney for guidance specific to your situation.

Quick reference — Illinois

Key statute

735 ILCS 5/9-101; Chicago RLTO (Mun. Code Ch. 5-12)

Filing fee range

$60-$432

Enforcement officer

County Sheriff

Uncontested timeline

3-8 weeks (longer in Chicago)

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