Illinois Notice to Quit

Any notice directing a resident to leave a property is considered to be an “eviction notice”. Both a “notice to vacate” and a “notice to quit” are types of eviction notices that seek the same basic goal: to formally notify someone that they must leave the property. Some of the most common reasons for issuing an eviction notice are the termination or violation of a lease, mortgage foreclosure, or rent delinquency. Whether it be a notice to quit or a notice to vacate, all eviction notices must comply with applicable state laws in order to have any legal effect.

Illinois law allows personal service directly to the named tenant, substitute service on a household member at least 13 years old, or posting the notice in a conspicuous place on the property's main entrance.

A notice for termination without cause is used by landlords to end a tenancy where the tenant has not done anything wrong. These types of eviction notices are frequently used by landlords who wish to raise the rent and need to remove the tenant in order to do so. A 30-day notice to quit is usually used to end the tenancy of month-to-month rentals or a lease agreement that has been in existence for less than one year. A 60-day eviction notice is most frequently used to end a lease agreement that has been in existence for at least one year.

Landlords use a notice for termination with cause to rectify a tenant’s failure to comply with obligations found within a lease agreement. A landlord should always be familiar with their local and state laws as the rules for serving an eviction notice can vary greatly.

Common causes are:

• failure to pay rent,
• damaging the property, or
• violating one or more terms of the lease agreement.

Depending on applicable laws, a 3-day notice to quit may be used when a tenant has failed to pay rent and the landlord wants to remedy this situation as quickly as possible.

The notice period in Illinois depends on the reason for eviction — see the Illinois Notice Periods section above for the specific timeframes and governing statutes. Once the notice period expires and the tenant has not complied, the landlord may proceed with filing a formal eviction action in court.