An Illinois 5 Day Notice to Quit is used to terminate a tenancy when a tenant has committed certain serious or unlawful acts that do not allow an opportunity to cure. Unlike other Illinois notices, this form is not related to unpaid rent or ordinary lease violations. Instead, it applies when state law permits a landlord to end the tenancy within five (5) days due to specific illegal conduct occurring on the premises.
This notice requires the landlord to clearly state the reason for termination by identifying the qualifying unlawful activity. Once served, the tenant is required to vacate the rental property on or before the date specified in the notice. If the tenant fails to surrender possession, the landlord may pursue an eviction action under Illinois law.
What Does Illinois Law Say?
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740 ILCS 40/11
If a lessee or occupant uses leased premises for certain unlawful purposes, including activities involving controlled substances, the lease may become void at the option of the lessor, and the owner may serve a written notice requiring the tenant to vacate the premises on or before a date five (5) days after the notice is given.
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765 ILCS 705/5
If a tenant is charged with certain serious criminal offenses committed on the premises during the lease term, the landlord may terminate the tenancy and require the tenant to vacate within five (5) days after notice.
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How to Fill Out
Step 1 – Enter the county where the rental property is located.
Step 2 – Provide the full name(s) of the tenant(s) and the rental property address.
Step 3 – Clearly describe the qualifying unlawful activity forming the basis for termination.
Step 4 – Specify the deadline by which the tenant must vacate the premises.
Step 5 – Sign and date the notice as the landlord or authorized agent.
Step 6 – Serve the notice on the tenant in accordance with Illinois service requirements and complete the affidavit or record of service section.
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• Rent Grace Period: 5 days. 770 ILCS 95/7.10(a)
• Nonpayment of Rent: 5 days. 735 ILCS 5/9-209
• Noncompliance: 10 days. 735 ILCS 5/2-210
• Termination (Month-to-Month Lease): 30 days. 735 ILCS 5/9-207
• Eviction Lawsuit: Forcible Entry and Detainer under the Illinois Code of Civil Procedure.
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