Illinois Eviction Law at a Glance
State Statute
735 ILCS 5/9-209 — Illinois Forcible Entry and Detainer Act
Notice Periods
- Nonpayment: 5-Day Pay or Quit
- Lease violation: 10-Day Cure or Quit
- Unconditional: 10-Day Unconditional Quit
- End of tenancy: 30-Day Notice to Vacate
Available Defenses
- Habitability (765 ILCS 742/5)
- Retaliation (765 ILCS 720/1)
- Procedural defects
- Discrimination (Fair Housing Act)
Right to Cure
YES — Tenant has 5 days to pay past-due rent; 10 days to cure lease violations
Self-Help Eviction
PROHIBITED — Landlord must use court process (735 ILCS 5/9-101)
Court & Filing
Circuit Court
Landlord must file forcible entry and detainer action in circuit court
Complaints: Illinois Attorney General Consumer Protection Division
Additional Protections
- Chicago has additional tenant protections under the Chicago RLTO
- Self-help eviction prohibited statewide
- Retaliatory eviction presumed if within 1 year of tenant complaint
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Illinois Eviction Response FAQ
How many days do I have to respond to an eviction notice in Illinois?
In Illinois, the response deadline depends on the type of eviction notice: Nonpayment: 5-Day Pay or Quit; Lease violation: 10-Day Cure or Quit; Unconditional: 10-Day Unconditional Quit; End of tenancy: 30-Day Notice to Vacate. Missing your deadline can result in a default judgment and forced move-out.
What defenses can I raise against eviction in Illinois?
Available defenses in Illinois include: Habitability (765 ILCS 742/5), Retaliation (765 ILCS 720/1), Procedural defects, Discrimination (Fair Housing Act). The availability depends on your specific circumstances.
Does Illinois require landlords to give tenants a right to cure?
Yes. Tenant has 5 days to pay past-due rent; 10 days to cure lease violations
Can my landlord evict me without going to court in Illinois?
No. Under 735 ILCS 5/9-101, self-help eviction is prohibited in Illinois. Your landlord must file in Circuit Court and obtain a judgment.
What should I include in an eviction response letter in Illinois?
Your letter should: (1) identify the notice by date and type, (2) cite 735 ILCS 5/9-209, (3) assert applicable defenses, (4) demand proper legal procedure, (5) state your intent to defend in court, and (6) be sent via certified mail.
Where can I file a complaint against my landlord in Illinois?
File complaints with the Illinois Attorney General Consumer Protection Division and the U.S. Department of Housing and Urban Development (HUD). For illegal self-help eviction, contact local law enforcement.
Eviction Response Letters by State
Select your state to see your specific protections.