Eviction Process in Illinois

Guide last updated: April 17, 2026. Hazard class: housing security. Civic education by a Concerned Parent.

If you have received an eviction notice or been served with a lawsuit, call legal aid today. Eviction deadlines are short and unforgiving. Legal Aid Chicago: 312-341-1070. Metropolitan Tenants Organization: 773-292-4988.

The short version

Illinois eviction follows the Forcible Entry and Detainer Act. A landlord must give you written notice, file a lawsuit, give you the chance to respond in court, and — if the court orders eviction — have the sheriff enforce it. A landlord who changes your locks, removes your belongings, or shuts off utilities without a court order is committing an illegal eviction and owes you damages.

The five stages

Stage 1 — Notice

The landlord must give you written notice before filing. The notice period depends on the reason:

The notice must be served properly — delivered in person, left with someone of suitable age at the residence, or posted on the door when other methods fail. Improper service is a defense to the eviction.

Stage 2 — Filing

If you do not cure or move out by the notice deadline, the landlord files an eviction complaint in the Circuit Court of your county. You will be served with:

In Cook County, service is by the sheriff, a licensed private process server, or certified mail. Service must comply with specific rules; improper service is a defense.

Stage 3 — Court appearance

Show up at the court date. This is the single most important thing you can do. Missing the court date is the #1 cause of default evictions.

At the first court date, the judge will ask:

If you contest, a trial date is usually set within 2–6 weeks. If you have an attorney from legal aid or a pro-bono program, they may ask for a continuance to prepare.

Stage 4 — Trial

The trial is usually brief — often less than an hour. Each side presents evidence. The tenant can raise defenses:

The judge issues an order at the end of the trial.

Stage 5 — Enforcement

If eviction is ordered, the court typically gives 7–30 days to move. After that, only the sheriff can physically evict — not the landlord. The landlord schedules the sheriff. The sheriff notifies you of the specific date and time.

Belongings left behind after sheriff eviction are typically subject to the landlord's reasonable handling — state law and local ordinances vary.

What the landlord cannot do

Any of these are illegal without a court order:

Any of these is grounds for a lawsuit with actual damages, punitive damages, and attorney's fees. Document everything — dates, witnesses, photos, communications.

Getting help

If you have a notice but haven't been sued yet

If you've been served with a lawsuit

Emergency rental assistance

Several programs provide emergency rental assistance to prevent eviction:

Special situations

Subsidized housing (Section 8, HUD, public housing)

Eviction from subsidized housing must follow both the general eviction process and additional federal rules. The landlord must generally give specific grounds, cannot terminate for minor lease violations, and must give you a grievance process. Violence Against Women Act (VAWA) gives tenants additional protections in cases involving domestic violence. The Chicago Housing Authority (CHA) has its own termination procedures.

Mobile homes / manufactured housing

Illinois Mobile Home Landlord and Tenant Rights Act provides some additional protections. Eviction from the land under the mobile home follows a modified process.

After foreclosure

The federal Protecting Tenants at Foreclosure Act requires that tenants in foreclosed properties receive 90 days' notice and that bona fide leases be honored through their term.

Immigration concerns

A landlord cannot use your immigration status to pressure you to leave. Threatening to call ICE is a violation of Illinois law. Your status does not affect your rights under the eviction process — you have the same rights to notice, court hearing, and defenses as any tenant. If you face retaliation involving immigration threats, contact the National Immigrant Justice Center (312-660-1370) in addition to tenant-rights resources.

Your record after eviction

An eviction filing creates a public record that can follow you — landlords routinely check eviction databases. In Illinois, you can petition to seal an eviction record in certain circumstances. The Circuit Court of Cook County has a specific process for sealing eviction records that were dismissed, sealed by agreement, or otherwise do not reflect a loss on the merits.