Eviction is when a landlord makes a tenant leave their rented apartment or home. The landlord must give the tenant notice and go through the court process to get an Eviction Order. Then they must get the Sheriff to remove the tenant from the unit. The landlord cannot change the locks or remove the tenant's property until the Sheriff enforces the Eviction Order.

Reasons a landlord can evict a tenant

A landlord can 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.
• Does not have a written lease, but pays rent monthly, and the landlord gives a notice to move.

Note: If the property is covered by either the Cook County or Chicago RLTO, the landlord must give a written notice to end a written lease.

A landlord cannot evict a tenant for the following reasons:

• 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.
• The tenant's race, color, national origin, ancestry, sex, disability, religion, familial status (that is, being pregnant or having children under the age of 18),the tenant’s source of income (for example if the tenant receives public assistance or housing voucher), unfavorable discharge from the military, military status, age, marital status, sexual orientation, or being a protected party under an order of protection.

Eviction process overview - Cook County

The eviction process in Cook County involves the following steps:

1. Your landlord gives you an Eviction Notice.
2. Your landlord files an Eviction Case against you with the Court .
3. You are Served with Eviction Court Paperwork.
4. You go to Eviction Court on Zoom ( a video call) or in-person.
5. In court, if you do not have a lawyer you will be referred to the Early Resolution Program (ERP). In ERP you can receive access to free legal advice, rental assistance, mediation services, help with negotiating a settlement in your case, and a referral to be considered for full representation by a lawyer if appropriate. To learn more about ERP, visit https://www.cookcountylegalaid.org/ or call 855-956-5763.
6. The case resolves when one of the following happens:
   1. You enforce your right to pay-and-stay.
   2. You reach an agreement with your landlord. You may agree to stay, or to move out within a certain time. The eviction case is then dismissed.
   3. An eviction order is entered against you.
7. If an eviction order was entered against you and you have not moved out, the Eviction Order is then enforced by the Sheriff.

In Cook County, access to rental assistance, free legal help, and mediation is available in court through the Early Resolution Program (ERP). You may also call the Cook County Legal Aid for Housing and Debt (CCLAHD) Hotline at (855) 956-5763 or visit https://www.cookcountylegalaid.org/ for more information. 

Eviction process overview - outside Cook County

1. Your landlord gives you an Eviction Notice.
2. Your landlord files an Eviction Case against you with the Court .
3. You are Served with Eviction Court Paperwork.
4. You go to Eviction Court on Zoom ( a video call) or in-person.
5. The case resolves when one of the following happens:
   1. You reach an agreement with your landlord. You may agree to stay, or to move out within a certain time. The eviction case is then dismissed.
   2. An eviction order is entered against you.
6. If an eviction order was entered against you and you have not moved out, the Eviction Order is then enforced by the Sheriff.

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.