Illinois eviction notice and late fee rules

Notice for unpaid rent

5 days — Any time after rent is due, the landlord may demand payment in writing and notify the tenant that unless payment is made within a time stated in the notice, not less than 5 days after service, the lease will be terminated.

Ending a month-to-month tenancy

Except as provided in § 9-207.5, for tenancies of less than one year other than week-to-week (such as month-to-month), the landlord may terminate a holdover tenancy by 30 days' written notice.

Late-fee limit

No statutory cap found

Grace period before a late fee

None found in the statutes we read

Notice for unpaid rent

Any time after rent is due, the landlord may demand payment in writing and notify the tenant that unless payment is made within a time stated in the notice, not less than 5 days after service, the lease will be terminated.

“A landlord or his or her agent may, any time after rent is due, demand payment thereof and notify the tenant, in writing, that unless payment is made within a time mentioned in such notice, not less than 5 days after service thereof, the lease will be terminated.”
735 ILCS 5/9-209

If the tenant does not pay the rent due within the time stated in the notice, the landlord may consider the lease ended and file an eviction action without further notice.

“If the tenant does not pay the rent due within the time stated in the notice under this Section, the landlord may consider the lease ended and commence an eviction or ejectment action without further notice or demand.”
735 ILCS 5/9-209

Recent changes to the law

The Landlord Retaliation Act repealed the former Retaliatory Eviction Act.

“The Retaliatory Eviction Act is repealed.”
765 ILCS 721/95

Paying to stop an eviction

To avoid invalidation by partial payments, the notice must prominently state that only full payment of the rent demanded will waive the landlord's right to terminate, unless the landlord agrees in writing to continue the lease for partial payment.

“"Only FULL PAYMENT of the rent demanded in this notice will waive the landlord's right to terminate the lease under this notice, unless the landlord agrees in writing to continue the lease in exchange for receiving partial payment."”
735 ILCS 5/9-209

Notice for other lease violations

When a lease term is breached, no more than 10 days' notice to quit is required, and the tenancy may be terminated by that notice at any time after the default.

“When default is made in any of the terms of a lease, it is not necessary to give more than 10 days' notice to quit, or of the termination of such tenancy, and the same may be terminated on giving such notice to quit at any time after such default in any of the terms of such lease.”
735 ILCS 5/9-210

Ending a month-to-month or other periodic tenancy

Except as provided in § 9-207.5, for tenancies of less than one year other than week-to-week (such as month-to-month), the landlord may terminate a holdover tenancy by 30 days' written notice.

“Except as provided in Section 9-207.5 of this Code, in all cases of tenancy for any term less than one year, other than tenancy from week to week, where the tenant holds over without special agreement, the landlord may terminate the tenancy by 30 days' notice, in writing, and may maintain an action for eviction or ejectment.”
735 ILCS 5/9-207(b)

Except as provided in § 9-207.5, a week-to-week tenancy may be terminated by the landlord with 7 days' written notice.

“Except as provided in Section 9-207.5 of this Code, in all cases of tenancy from week to week, where the tenant holds over without special agreement, the landlord may terminate the tenancy by 7 days' notice, in writing, and may maintain an action for eviction or ejectment.”
735 ILCS 5/9-207(a)

Retaliation

A landlord may not knowingly terminate a tenancy, increase rent, decrease services, bring or threaten a possession suit, or refuse to renew because the tenant in good faith did any of the protected acts listed in the Act.

“A landlord may not knowingly terminate a tenancy, increase rent, decrease services, bring or threaten to bring a lawsuit against a tenant for possession or refuse to renew a lease or tenancy because the tenant has in good faith done any of the following:”
765 ILCS 721/5 (Landlord Retaliation Act, P.A. 103-831, eff. 1-1-25)

Remedies for retaliation include recovery of not more than 2 months' rent or 2 times the tenant's damages, whichever is greater, plus reasonable attorney's fees.

“(3) recovery of an amount equal to and not more than 2 months' rent or 2 times the damages sustained by the tenant, whichever is greater, and reasonable attorney's fees.”
765 ILCS 721/10

Evidence that, within one year before the alleged retaliation, the landlord acted against the tenant's protected conduct creates a rebuttable presumption of retaliation.

“In an action by or against the tenant, if within one year before the alleged act of retaliation there is evidence that the retaliation was against the tenant's conduct that is protected under this Act, that evidence creates a rebuttable presumption that the landlord's conduct was retaliatory.”
765 ILCS 721/20

What the notice must say and how it is delivered

A demand or notice may be served by delivering a copy to the tenant, leaving it with a person 13 or older residing on or in possession of the premises, sending it by certified or registered mail with a return receipt, or, if no one is in actual possession, posting it on the premises.

“Any demand may be made or notice served by delivering a written or printed, or partly written and printed, copy thereof to the tenant, or by leaving the same with some person of the age of 13 years or upwards, residing on or in possession of the premises; 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.”
735 ILCS 5/9-211

If you have received a notice

1. Write down the date you received it and how it was delivered.
2. Check what it asks for — payment, fixing a problem, or moving out — and the deadline it gives against the Illinois rules above.
3. Keep paying what you can document; ask for receipts.
4. If you receive court papers, note the response deadline on them; a legal-aid office or the court’s self-help center can help.

Check another situation with the eviction notice checker or the late fee checker.

Common questions

How much notice does a landlord in Illinois have to give for unpaid rent?

Any time after rent is due, the landlord may demand payment in writing and notify the tenant that unless payment is made within a time stated in the notice, not less than 5 days after service, the lease will be terminated. (735 ILCS 5/9-209).

How much notice is needed to end a month-to-month tenancy in Illinois?

Except as provided in § 9-207.5, for tenancies of less than one year other than week-to-week (such as month-to-month), the landlord may terminate a holdover tenancy by 30 days' written notice. (735 ILCS 5/9-207(b)).