Illinois · Eviction
Facing Eviction in Illinois: What Can I Do?
This is not legal advice. We explain what the law says. We cannot tell you what to do in your situation. For that, talk to a lawyer. Find free legal and rent help in Illinois.
Your landlord must follow Illinois law before you can be evicted from your home. This guide covers notices, what happens in court, and your rights after a judgment (the court's final decision in your case). Some cities, like Chicago, add stronger protections on top of state law.
The notice
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If you owe rent, your landlord must give you a written notice asking for payment. The notice must give you at least 5 days to pay before your landlord can end your lease (735 ILCS 5, § 9-209). If you do not pay in time, your landlord can start an eviction case without any other notice.
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If you break a rule in your lease, your landlord can send a notice to quit (a letter saying you must move out). Illinois law lets your landlord give as little as 10 days' notice before ending the lease for this reason (735 ILCS 5, § 9-210).
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If you have a month-to-month lease, your landlord must give you 30 days' written notice before ending it (735 ILCS 5, § 9-207). If you pay rent by the week, your landlord only needs to give you 7 days' notice.
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Your landlord cannot lock you out or force their way into your home to make you leave. Illinois law bars forcing entry into your home except in ways allowed by law, done peacefully (735 ILCS 5, § 9-101). Only a court order and the sheriff can remove you, not your landlord alone.
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Illinois' Landlord Retaliation Act took effect January 1, 2025 (765 ILCS 721). It protects you if your landlord punishes you for things like reporting code violations or asking for repairs. If your landlord acts against you within 1 year after a protected action, the law assumes it was retaliation unless your landlord proves otherwise.
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Illinois law bars forcing entry into your home except in ways allowed by law, done peacefully (735 ILCS 5, § 9-101). If you are locked out illegally, you can sue your landlord to get back in and for money. Talk to a lawyer before you sign any agreement with your landlord about the lockout (being locked out illegally). Check your city's guide for local rules. You get this money only if you win your case and your landlord pays.
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Paying to stop the case
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You must pay the full amount in the notice to stop the eviction. Paying part of the rent does not stop it unless your landlord agrees in writing to accept less. For example, if the notice demands $1,200, paying $1,000 is not enough on its own.
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If you cannot pay the full amount your landlord is demanding, rental assistance (money to help pay rent) may be available. The state's court-based program, CBRAP, helps renters who have an eviction case in court. You can apply online at illinoishousinghelp.org. Our guide on what to do when you cannot pay rent explains other help and how it can affect your case.
Sources:- § 9-209, Illinois General Assembly. Law.
- How does court-based rental assistance work?, Illinois Legal Aid Online. A nonprofit group.
- Illinois Court-Based Rental Assistance Program, Illinois Housing Development Authority. A government guide.
Going to court
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After your landlord files an eviction case, the clerk of the court issues a summons (735 ILCS 5, § 9-106). The complaint and summons must be served on you. They can be handed to you, given to someone over 13 who lives with you, or posted with a judge's permission. The summons should tell you when and where your court date is. Mark it on your calendar and plan how to attend.
Sources:- § 9-106(a), Illinois General Assembly (ilga.gov). Law.
- Mark your calendar for court, Illinois Legal Aid Online. A nonprofit group.
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When you answer the eviction complaint, you can raise any defense that relates to the eviction itself (735 ILCS 5, § 9-106). One defense is that your landlord failed to make needed repairs. You can argue that the poor conditions reduced the value of your home by more than the rent due.
Sources:- § 9-106(f), Illinois General Assembly (ilga.gov). Law.
- Nonpayment of rent, Illinois Legal Aid Online. A nonprofit group.
After the court decides
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If the judge rules against you, the court enters an order for possession. The sheriff, not your landlord, carries out that order. The order expires 120 days after the judge signs it. After that, your landlord must ask the court to extend it (735 ILCS 5, § 9-117).
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An eviction case can stay on your record and hurt future rental applications. Illinois courts can seal (hide from public view) an eviction case if it has no real legal basis (735 ILCS 5, § 9-121). Courts must seal it if the case was dismissed for wrongly naming a minor as a defendant.
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