To evict a tenant, a landlord must give the tenant notice and go through a court process to get an Eviction Order. The Sheriff may then enforce the eviction order by physically removing the tenant. The landlord cannot change the locks or remove the tenant's property until the Sheriff enforces the Eviction Order.

Valid and invalid reasons a landlord may evict a tenant

A landlord may evict a tenant if the tenant:

• Fails to pay the rent,
• Breaks any of the rules in the lease agreement,
• Damages the property,
• Does not leave the property after the lease comes to an end, or
• Does not have a written lease, but pays rent monthly, and the landlord gives sufficiently advance notice to move (see below).

A landlord may not evict a tenant for:

• Complaining about the unit or building that a building inspector determines is valid,
• Not paying rent, if the tenant left the property for a period of time because of domestic violence or the threat of domestic violence. This only applies once the tenant has given written notice to the landlord.
• Not paying rent, if the landlord accepted the rent due before the notice period ended, or
• Race, color, national origin, ancestry, sex, disability, religion, familial status (that is, being pregnant or having children under the age of 18), unfavorable discharge from the military, military status, age, marital status, sexual orientation, being a protected party under an order of protection, or source of income. Learn more about housing discrimination.

Amount of notice required

The amount of notice required depends on the reason for eviction:

• Non-payment of rent = 5 days notice.
• Violating a lease term = 10 days notice. (But in properties covered by the Chicago RLTO or the Cook County RTLO, a tenant has the right to cure, or fix, a non-criminal violation within the term of the notice)
• Ending a month-to-month lease for another reason = 30 days notice.*

If you pay your rent in the 5-day notice period, this is a defense to eviction.

*In Chicago, for properties subject to the Chicago RLTO, the amount of notice required depends on how long the tenant has lived there:

• Less than 6 months = 30 days notice or the tenant can stay for up to 60 more days.
• 6 months to 3 years = 60 days notice or the tenant can stay for up to 60 days.
• Over 3 years = 120 days notice or the tenant can stay for up to 120 days.
• Landlords must give the required notice whether the lease is written or oral. This only applies to properties subject to the Chicago RLTO.

In suburban Cook County, the landlord must give 60 day notice or the tenant can stay for up to 120 days. Landlords must give the required notice whether the lease is written or oral.This applies to properties subject to the Cook County RLTO which does not cover Chicago, Evanston, Oak Park, or Mount Prospect.

In Oak Park, the landlord must give 60 day notice or the tenant can stay for up to 120 days.

Eviction process overview (Cook County)

Note: in Cook County, if you do not have a lawyer, you will be referred to the Early Resolution Program (ERP). Even before any referral, ERP can provide you with free legal advice, rental assistance, mediation services, and help with negotiating a settlement in your case. To learn more about ERP, visit https://www.cookcountylegalaid.org/ or call the Cook County Legal Aid for Housing and Debt (CCLAHD) Hotline at 855-956-5763.

The eviction process in Cook County involves the following steps a landlord must take:

1. You give your tenant an Eviction Notice.
2. You file an Eviction Case against your tenant(s) with the Court.
3. You Serve your tenant(s) with Eviction Court Paperwork.
4. You go to Eviction Court on Zoom or in-person (if you do not have a lawyer, you are referred to ERP).
5. The case is resolved when either:
   • The tenant enforces their Right to Pay-and-Stay,
   • You reach an agreement with your tenant(s), either a payment plan and/or move out plan, and the eviction case is dismissed, OR
   • An Eviction order is entered against your tenant(s)
6. If an eviction order was entered against your tenant(s) and they have not moved out within the required timeframe in the order, the Eviction Order is then enforced by the Sheriff.

Eviction process overview (outside Cook County)

The eviction process outside of Cook County involves the following steps a landlord must take:

1. You give your tenant(s) an Eviction Notice.
2. You file an Eviction Case against your tenant(s) with the Court.
3. You Serve your tenant(s) with Eviction Court Paperwork
4. You go to Eviction Court on Zoom or in-person.
5. The case is resolved when either:
   • You reach an agreement with your tenant(s), either a payment plan and/or move out plan, and the eviction case is dismissed, OR
   • An Eviction order is entered against your tenant(s)
6. If an eviction order was entered against your tenant(s) and they have not moved out within the required timeframe in the order, the Eviction Order is then enforced by the Sheriff