⚡️The 30-Day Notice Explained
To evict a month-to-month tenant in Illinois:
Serve a 30-Day Notice that ends on the last day of next month
not just 30 days from today
Have someone 18+ serve it
you legally can, but if the tenant denies it, your word against theirs
Complete the Affidavit of Service
Wait until the deadline is up
File an eviction lawsuit if they don’t leave (ask us about flat rate evictions)
🗓️ The 30-Day Notice Explained
The name 30-Day Notice is misleading — it’s not always just 30 days.
Pro Tip: The notice must end on the last day of the month, and give at least 30 full days.
Example:
Served Sept 30 → Ends Oct 31 ✅
Served Oct 1 → Ends Nov 30 ✅
Served Oct 2 → Ends Nov 30 ❌ (not a full 30 days)
Best Practice:
Write the exact move-out date in the notice.
Clock starts when it’s served — not when you fill it out.
As always, check local ordinances.
📬 How to Serve the 30-Day Notice
Under 735 ILCS 5/9-211, service must be done in one of the following ways:
Personally serve the Tenant,
By leaving it with someone 13+ years that live at the house; or
By sending a copy of the notice to the tenant by certified or registered mail, with a returned receipt from the addressee; and
In case no one is in the actual possession of the premises, then by posting the same on the premises.
🚩 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.
✍️ Complete the Affidavit of Service
You'll need proof that the Tenant was served with the 30-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
📅 Mark Your Calendar
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 thirty days after that date. Weekends and holidays included.
⚖️ File a Lawsuit
If you served the Tenant with a 30-Day Notice and the Tenant doesn't move out within thirty days, then you must sue.
🚫 When No Notice is Required
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
❓ FAQs
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.
I've heard the Tenant may get more than 30 days? Well, kinda. You must serve the 30-Day Notice no later than thirty days prior to the expiration of the last day of next month (unless rent is due sometime other than the first of the month).
Do I need a reason to evict a month-to-month Tenant? No. In fact, giving a reason may cause more problems. Simply give the Tenant a 30-Day Notice - then shut up.
📄 Forms
30-Day Notice - Sets a lease end date and move-out deadline
Affidavit of Service - Confirms someone served the notice
📜 Relevant Illinois Laws
30-Day Notice - 735 ILCS 5/9-207
Serving Notice - 735 ILCS 5/9-211
No Notice Required to Terminate - 735 ILCS 5/9-213
💬 Need Help?
Reach out to Member Support
📞 (888) 885 - 7280
⚖️ Disclaimer - This article is for general informational purposes only and should not be considered legal advice or a legal opinion on any specific case or situation. It does not create an attorney-client relationship. We make no guarantees as to accuracy, completeness, or changes in the law. Any actions you take based on this information are at your own risk. The choice of a lawyer is an important decision and should not be based solely on advertisements. Your use of this website constitutes acceptance to the Terms of Use and Privacy Policy.