Last updated: August 4, 2026
Illinois Eviction Process 2026: Timeline + Costs ($2K–$7K)
The complete step-by-step guide to legally evicting a tenant in Illinois — from serving notice to sheriff enforcement, with real costs and timelines for Cook County and collar counties.
Key Takeaways
- 5-day notice for nonpayment of rent (735 ILCS 5/9-209)
- 10-day notice to cure lease violations
- 30-day notice to terminate month-to-month tenancy
- Timeline: 30–60 days uncontested, 90–180 days contested (Cook County is slowest)
- Cost: $2,000–$7,000 (attorney, filing, lost rent)
- Cook County RTLO: just cause required for covered properties
- Chicago: limited winter protection for tenants on utility assistance
Evicting a tenant in Illinois takes 30–180 days and costs $2,000–$7,000 on average. The process requires proper notice (5, 10, or 30 days depending on the reason), filing a forcible entry and detainer lawsuit in circuit court, and obtaining a court order for possession. Cook County cases take significantly longer than collar county cases due to court backlogs.
Step 1: Serve the Correct Notice
Illinois eviction begins with a written notice. The notice type depends on the reason for eviction. Serving the wrong notice or the wrong number of days invalidates the entire case.
| Notice Type | Days | When to Use | Statute |
|---|---|---|---|
| 5-Day Notice | 5 | Nonpayment of rent | 735 ILCS 5/9-209 |
| 10-Day Notice | 10 | Lease violation (curable) | 735 ILCS 5/9-210 |
| 30-Day Notice | 30 | Terminate month-to-month tenancy | 735 ILCS 5/9-207 |
Critical: The 5-day notice must be in writing and must state the amount of rent due. Do NOT include late fees, utility charges, or any amount other than base rent owed. Accepting partial rent after serving notice can waive the notice and force you to restart.
Need templates? Get free, copy-paste Illinois eviction notice templates with the correct statutory language for each notice type.
Step 2: File Forcible Entry and Detainer
If the tenant does not comply with the notice (pay, cure, or vacate), file a forcible entry and detainer (FED) lawsuit in the circuit court of the county where the property is located.
Filing Requirements
- Complaint for forcible entry and detainer
- Copy of the lease agreement
- Copy of the notice served (with proof of service)
- Filing fee: $181–$337 depending on county and amount sought
Service of Summons
The summons must be served by the county sheriff or a licensed private process server. Personal service is preferred. If the tenant cannot be found, the court may authorize service by posting on the door and mailing. The tenant typically has 7 days to file an appearance after service.
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Try Free →Step 3: Court Hearing
After the tenant is served, the case is set for a hearing. Illinois eviction cases are heard in the circuit court’s eviction or housing division.
If Tenant Does Not Appear (Default Judgment)
The court enters a default judgment for possession. This is the fastest path — can be resolved in 2–3 weeks after filing in collar counties, longer in Cook County.
If Tenant Files an Answer
A trial date is set. Common defenses: improper notice, retaliation, habitability issues, discrimination. The tenant may also request a jury trial. In Cook County, contested cases can take 60–120 days from filing to trial.
What to Bring to Court
- Signed lease agreement
- All notices served (with proof of service)
- Rent payment records / ledger
- Photos documenting any damage or violations
- Written communications with tenant
Step 4: Judgment & Order of Possession
If the court rules in your favor, a judgment for possession is entered. The court issues an order of possession (also called an eviction order).
Stay of Execution
The court may grant the tenant a stay of execution — typically 7–14 days — to allow time to find alternative housing. In Cook County, judges frequently grant stays, especially during winter months or when children are involved.
Money Judgment
In addition to possession, the court may award a money judgment for unpaid rent, damages, and court costs. Collecting is a separate process — consider wage garnishment or bank levy if the tenant does not pay voluntarily.
Step 5: Sheriff Enforcement
After the order of possession is issued and any stay period expires, the sheriff executes the eviction order.
Sheriff Posts Notice
The sheriff posts a notice giving the tenant 24 hours to vacate (Cook County) or a specified period set by the court. After the notice period, the sheriff returns to physically remove the tenant and restore possession to the landlord.
Lockout and Property
You (or a representative) should be present with a locksmith to change all locks immediately. Illinois does not have a detailed abandoned property statute like some other states, but best practice is to store any belongings left behind for a reasonable period and attempt to notify the former tenant.
Never self-help evict. Changing locks yourself, shutting off utilities, removing tenant belongings, or physically removing a tenant without a court order is illegal in Illinois. The tenant can sue for damages and may be entitled to re-entry.
Notice Types Explained
5-Day Notice to Pay (735 ILCS 5/9-209)
For nonpayment of rent only. Must be in writing and state the exact amount of rent due. Cannot include late fees, utility charges, or other amounts. If the tenant pays within 5 days, the notice is satisfied and you cannot proceed. The 5-day period does not include the day of service but does include weekends and holidays.
10-Day Notice to Cure (735 ILCS 5/9-210)
For lease violations other than nonpayment. Must describe the specific violation and what the tenant must do to cure it. Common uses: unauthorized occupants, unauthorized pets, excessive noise. If the tenant cures within 10 days, you cannot proceed with eviction.
30-Day Notice to Terminate (735 ILCS 5/9-207)
For terminating a month-to-month tenancy without cause. Must be given at least 30 days before the end of a rental period. For example, if rent is due on the 1st and you serve on August 10, the earliest termination date is September 30. In Cook County RTLO areas, just cause may be required.
Cook County vs. Collar Counties
Eviction timelines vary dramatically by county. Cook County has the busiest eviction court in Illinois and the longest delays.
| Factor | Cook County | Collar Counties (DuPage, Lake, Will, Kane, McHenry) |
|---|---|---|
| First court date | 2–4 weeks after filing | 1–2 weeks after filing |
| Uncontested timeline | 45–60 days total | 30–45 days total |
| Contested timeline | 90–180 days | 60–90 days |
| Continuances | Frequently granted | Less common |
| RTLO just cause | Unincorporated areas only | Not applicable |
Eviction Costs Breakdown
The true cost of eviction includes court fees, attorney fees, and lost rent during the process.
| Item | Cost Range |
|---|---|
| Court filing fee | $181–$337 |
| Process server / sheriff service | $50–$125 |
| Attorney fees | $500–$3,000 |
| Lost rent during process | $1,000–$4,000 |
| Sheriff eviction execution | $60–$150 |
| Unit turnover / repairs | $300–$2,000 |
| Total | $2,000–$7,000+ |
Common Mistakes That Delay Evictions
1. Accepting Partial Rent After Notice
Accepting any rent payment after serving a 5-day notice can be interpreted as waiving the notice. If a tenant tries to pay partially, refuse the payment and document the attempt in writing.
2. Including Late Fees in 5-Day Notice
The 5-day notice must state only base rent owed. Including late fees, interest, utility charges, or other amounts voids the notice. You must start over with a corrected notice.
3. Wrong Notice Type
Using a 30-day notice for nonpayment (should be 5-day) or a 5-day notice for a lease violation (should be 10-day). Wrong notice = case dismissed.
4. Improper Service
Illinois requires proper service methods: personal delivery, leaving with a household member age 13 or older, or posting on the door and mailing. Email and text messages are not valid service.
5. Self-Help Eviction
Changing locks, shutting off utilities, or removing tenant belongings without a court order. Always illegal in Illinois. The tenant can sue for damages and may be restored to possession.
Cook County RTLO: Just Cause Requirements
The Cook County Residential Tenant and Landlord Ordinance (effective June 2021) requires just cause for eviction in covered areas — unincorporated Cook County and municipalities that have not opted out. You cannot evict simply because a lease expired.
Qualifying Just Causes
- Nonpayment of rent (after 5-day notice)
- Material lease violation (after 10-day notice to cure)
- Illegal activity on the premises
- Owner or owner’s family intends to occupy the unit
- Building to be demolished
- Substantial rehabilitation that requires vacancy
- Tenant refuses to renew on substantially similar terms
Rent increase notice under RTLO: 30 days’ notice for increases under 5%, 60 days’ notice for increases of 5% or more. While there is no cap on the increase amount, insufficient notice invalidates the increase.
Frequently Asked Questions
How long does eviction take in Illinois?
An uncontested eviction in Illinois typically takes 30–60 days from serving the initial notice to sheriff enforcement. Contested cases in Cook County can take 90–180 days or longer due to court backlogs, continuances, and jury trial requests. Collar counties (DuPage, Lake, Will, Kane, McHenry) are generally faster, with contested cases resolving in 60–90 days.
How much does an eviction cost in Illinois?
Total eviction costs in Illinois range from $2,000 to $7,000 or more. This includes court filing fees ($181–$337), process server fees ($50–$125), attorney fees ($500–$3,000 for uncontested to contested), lost rent during the process ($1,000–$4,000), and sheriff eviction execution ($60–$150). Lost rent is typically the largest expense.
Can I evict a tenant in Cook County without cause?
It depends on the specific location. In unincorporated Cook County and municipalities that have not opted out of the Cook County RTLO, just cause is required — you cannot evict simply because a lease expired. Inside Chicago city limits, the RLTO applies instead. In collar counties (DuPage, Lake, Will, Kane, McHenry), no just cause requirement exists and a 30-day notice can terminate a month-to-month tenancy without stated cause.
Related Resources
Eviction Notice Templates
Free copy-paste 5-day, 10-day, and 30-day notice templates with correct statutory language.
Get templates →Security Deposit Laws
Statewide vs. Chicago RLTO deposit rules, interest requirements, and 2x penalty exposure.
Read the guide →Illinois Landlord-Tenant Laws
Complete overview of statewide statutes, Chicago RLTO, and Cook County RTLO.
Read the guide →Illinois FAQ
20 answers covering rent, deposits, eviction, repairs, and tenant rights.
Read the FAQ →All State Laws
Landlord-tenant law guides for all 50 states.
Browse states →Compliance Engine
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Check now →Written by Rachid Abadli
Sacramento-based landlord and founder of LeaseBase
This guide covers the Illinois eviction process under 735 ILCS 5/9-101 et seq., the Chicago RLTO, and the Cook County RTLO (2021). Sources verified against the Illinois General Assembly website on August 4, 2026.
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This guide is for informational purposes only and does not constitute legal advice. Eviction laws and procedures vary by county and municipality, and some jurisdictions impose additional requirements beyond state law. Consult a qualified Illinois real estate attorney for guidance on your specific situation.