When a Tenant breaks the lease (other than non-payment of rent), you'll start the eviction process with a 10-Day Notice. Here's how:

The 10-Day Notice tells the Tenant to move out within ten days because the Tenant violated a term of the lease. If the Tenant doesn't move out within ten days, then you can terminate the lease and file an eviction lawsuit.

If you want to give the Tenant a chance to fix the problem (ex. move the junk car), then you can do this in the 10-Day Notice. If they don't fix the problem within ten days, then the Tenant must move out.

Check local ordinances (some may require more than ten days). The clock starts on the day after the Tenant is served.

The 10-Day Notice tells the Tenant to move out within ten days because the Tenant violated a term of the lease. If the Tenant doesn't move out within ten days, then you can terminate the lease and file an eviction lawsuit.

If you want to give the Tenant a chance to fix the problem (ex. move the junk car), then you can do this in the 10-Day Notice. If they don't fix the problem within ten days, then the Tenant must move out.

Check local ordinances (some may require more than ten days). The clock starts on the day after the Tenant is served.

🚩 Don't serve the notice yourself. Anyone 18+ can, but problem if tenant claims did receive it and you say they did). Easier to call someone else to testify that they got it.

You'll need proof that the Tenant was served with the 10-Day Notice. Have the person who served the Tenant complete the Affidavit of Service form. Keep the completed form in your file. You'll use this form to prove that the Tenant was served the Notice. Without proof, your eviction lawsuit will be thrown out by the Judge.

The thirty-day period begins on the day after the Tenant was served with the Notice. Once you know when the Tenant was served, mark the calendar ten days after that date. Weekends and holidays included.

If you served the Tenant with a 10-Day Notice and the Tenant doesn't move out (or fix the problem, if you gave them the option) then you must sue.

If the tenancy is for a certain period (ex. one year) and the lease clearly states when the tern expires, then no further notice is required. 735 ILCS 5/9-213

Can I slip the notice under the door? No, Tenants must be served as set forth in 735 ILCS 5/9-211.

Can I serve the Notice? Not smart. Whoever served the Notice may need to testify if the case went to trial. Even bad lawyers could point out your self-serving testimony and argue that the notice wasn't *actually* served.

How quickly can I serve the Notice? As soon as you learn that the Tenant violated the lease.

Does the Tenant have a right to fix the violation I cited in the Notice? No, unless your lease or local law gives the Tenant a right to "cure" a violation. You can give the Tenant the option to fix the problem (ex. move the junk car in the yard) in the 10-Day Notice, but they can't make you.

10-Day Notice
​Affidavit of Service​

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