For Illinois Landlords Only
This guide applies to Illinois law. Rules vary by state and county.
⚡️Quick Summary
Before filing an eviction lawsuit, you must serve either a 5-Day Notice (non-payment of rent), 10-Day Notice (breach of the lease other than non-payment of rent), or 30-Day Notice (month-to-month tenant) on the Tenant. Once you know which notice is needed, you must "serve" the notice on the Tenant (i.e. give them the completed form).
📬 How to Serve
You must serve the Tenant by (pick one):
Personally serving the Tenant;
By leaving the notice with some person of the age of 13 years or upwards, residing on or in possession of the property;
By sending a copy of the notice to the Tenant by certified or registered mail, with a return receipt from the addressee;
If no one is in the actual possession of the property, then by posting the same on the property.
✍️ After Serving the Tenant
After the Tenant is served, have the person who served the notice complete an Affidavit of Service. This shows how the notice was served and by what method. You need this for your records. The Affidavit of Service should be attached to the eviction Complaint.
❓ 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.
Does certified mail count if Tenant doesn't sign? No, certified mail must be signed for. If the Tenant won't sign (or pick up from post office), then you'll need to serve another way.
What if the Tenant keeps avoiding service? Find a better process server. But seriously, you must serve the Tenant. No exceptions for slick Tenants that keep avoiding service. And no, Facebook doesn't count.
📄 Forms
Affidavit of Service - Confirms someone served the notice
📜 Relevant Illinois Laws
Serving Notice - 735 ILCS 5/9-211
💬 Need Help?
Reach out to Member Support
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