Serving Eviction Notices
In this guide, you'll learn how to serve eviction notices and get your day in court.
Skip to:
Overview
How to Serve
Get Help Now
After Serving Tenant
FAQs
Forms
Statutes
Overview
Before filing an eviction lawsuit, you must serve either a 5-Day Notice (non-payment of rent), 10-Day Notice (breach of the lease other than non-payment of rent), or 30-Day Notice (month-to-month tenant) on the Tenant. Once you know which notice is needed, you must "serve" the notice on the Tenant (i.e. give them the completed form).
How to serve
You must serve the Tenant by (pick one):
- 1
- Personally serving the Tenant;
- 2
- By leaving the notice with some person of the age of 13 years or upwards, residing on or in possession of the property;
- 3
- By sending a copy of the notice to the Tenant by certified or registered mail, with a return receipt from the addressee;
- 4
- If no one is in the actual possession of the property, then by posting the same on the property.
Want to know you're getting it right?
Join the Legal Plan for $250 / year and never worry about the legal stuff again.
- Unlimited Attorney Help - Talk to a lawyer without getting billed.
- Instant Answers - Step-by-step guides to help solve your problems.
- Ironclad Lease - Updated monthly with the latest legal developments.
- Landlord Forms - New forms are added monthly to make your life easier.
- Private Community - Connect with other Illinois Landlords.
- On-Demand Learning - New content to help you get the legal stuff right.
- Monthly Newsletter - Never miss important legal updates again.
- Exclusive Discounts - Save money on things successful Landlords use.
www.LandlordLegalTeam.com
After Serving the Tenant
After the Tenant is served, have the person who served the notice complete an Affidavit of Service. This shows how the notice was served and by what method. You need this for your records. The Affidavit of Service should be attached to the eviction Complaint.
FAQs
Can I slip the notice under the door? No, Tenants must be served as set forth in 735 ILCS 5/9-211.
Can I serve the Notice? Not smart. Whoever served the Notice may need to testify if the case went to trial. Even bad lawyers could point out your self-serving testimony and argue that the notice wasn't *actually* served.
Does certified mail count if Tenant doesn't sign? No, certified mail must be signed for. If the Tenant won't sign (or pick up from post office), then you'll need to serve another way.
What if the Tenant keeps avoiding service? Find a better process server. But seriously, you must serve the Tenant. No exceptions for slick Tenants that keep avoiding service. And no, Facebook doesn't count.
Forms*
* Requires Legal Plan Membership
Statute
Serving Notice - 735 ILCS 5/9-211
Subscribe to The Brief for emails that help you get the legal stuff right (without going broke).
This article is for general information purposes only and should not be considered legal advice or legal opinion on any specific case and/or circumstance. This article does not create an attorney/client relationship. No guarantee for accuracy, completeness, or changes in the law. The choice of a lawyer is an important decision and should be based solely on advertisements.