Facing Eviction in Chicago: What Can I Do?

The notice

1. 1

   Your landlord cannot force you out without a court case. In Chicago, a legal eviction happens only when the landlord follows Illinois court law and uses the Cook County sheriff.

   Sources:

   1. § 5-12-160(a), American Legal Publishing, Municipal Code of Chicago. Law.
   2. Illinois Legal Aid Online. A nonprofit group.
2. 2

   The landlord cannot change your locks, block your door, remove your things, or cut off heat, water, gas, or electricity. If you feel safe, you can report it to the police, who must investigate. You can also write down what happened.

   The city can fine the landlord $200 to $500 a day. You can sue to get back in. A court can award you up to 2 months' rent or twice your losses, whichever is greater. You get this money only if you win your case and your landlord pays.

   Sources:

   1. Our editorial rules.
   2. § 5-12-160, American Legal Publishing, Municipal Code of Chicago. Law.
3. 3

   For a lease violation other than rent, the landlord must give you a written 10 day notice. The notice must say what you did wrong. You keep your home if you fix the problem within those 10 days.

   Source:

   1. § 5-12-130(b), American Legal Publishing / City of Chicago. Law.
4. 4

   To end your rental without cause, or to raise rent, Chicago landlords must give advance written notice. You get 30 days notice if you have lived there under 6 months. You get 60 days after 6 months. You get 120 days after 3 years. If the landlord skips that notice, you do not have to leave on the lease end date. You can stay up to 60 more days after the notice finally arrives. Tenants of more than 3 years can stay up to 120 more days.

   Source:

   1. § 5-12-130(j)(3), American Legal Publishing / City of Chicago. Law.
5. 5

   Illinois state law sets its own minimum notice periods. A month to month rental needs 30 days written notice to end. A week to week rental needs 7 days.

   Source:

   1. 735 ILCS 5/9-207, Illinois General Assembly (ilga.gov). Law.
6. 6

   Retaliation is illegal and is a defense. The landlord cannot evict you for complaining to the city, asking for repairs, or joining a tenant group. If you did a protected act in the past year, the court starts by treating the eviction as retaliation.

   Sources:

   1. § 5-12-150, American Legal Publishing / City of Chicago. Law.
   2. 765 ILCS 721/5, Illinois General Assembly. Law.

Paying to stop the case

7. 7

   For unpaid rent, the landlord must first give you a written 5 day notice. You keep your home if you pay all the rent owed within those 5 days. In Chicago, you get 1 more chance even after the case is filed. Before the judge signs an eviction order, you can pay the unpaid rent plus the landlord's filing and service costs. Pay that, and the case gets dismissed.

   Source:

   1. § 5-12-130(a), American Legal Publishing / City of Chicago. Law.

Going to court

8. 8

   In court, the case starts when the landlord files a complaint and the clerk sends you a summons. A summons is the court paper telling you when to appear. Go to every court date, or the landlord can win automatically.

   Sources:

   1. Illinois Legal Aid Online. A nonprofit group.
   2. 735 ILCS 5/9-106(a), Illinois General Assembly (ilga.gov). Law.
9. 9

   You have the right to defend yourself in court. State law lets you raise any matter in defense of the eviction. Bad notice, payment, repairs problems, and retaliation are common defenses.

   Source:

   1. 735 ILCS 5/9-106(f), Illinois General Assembly (ilga.gov). Law.

After the court decides

10. 10

    Even if you lose or settle, you can ask the judge to seal the court file. Sealing hides the case from public record searches, which protects your future rental applications. Cases without a real legal basis can be sealed too.

    Sources:

    1. Illinois Legal Aid Online. A nonprofit group.
    2. 735 ILCS 5/9-121(b), Illinois General Assembly (ilga.gov). Law.