The Chicago eviction process runs through a fixed sequence: the landlord serves a written notice, waits out the notice period, files an eviction lawsuit in Cook County, wins a possession order at a hearing, and then relies on the Cook County Sheriff to physically remove the tenant. When nothing goes wrong, the whole thing takes two to four months. When the tenant contests the case or the Sheriff’s calendar is backed up, it takes longer. Skipping any step, or getting a notice wrong by a day or a dollar, usually ends with the case dismissed and the landlord paying the tenant’s attorney fees under the Residential Landlord and Tenant Ordinance (RLTO).1Municipal Code of Chicago. Municipal Code of Chicago – Chapter 5-12 Residential Landlords and Tenants
Does the RLTO Apply to Your Rental
The RLTO covers most residential rentals within Chicago city limits, including apartments, condos rented by non-occupant owners, single-family homes, and units in larger buildings. Two categories are exempt: owner-occupied buildings with six units or fewer, and owner-occupied co-ops.2City of Chicago. Residential Landlord and Tenant Ordinance Exempt landlords still follow Illinois state eviction law, but the RLTO’s tenant-side protections (fee-shifting, the ban on retaliatory evictions, the rules on abandoned property) don’t apply.
Step One: The Written Notice
Every eviction has to start with a written notice. The type depends on why the tenant is being asked to leave.
- A 5-day notice is for unpaid rent. It has to state the exact dollar amount owed and warn that the lease ends if the full amount isn’t paid within five days. Partial payments that don’t clear the demanded amount by the end of day five do not save the tenancy, and the notice itself must say so.3Illinois General Assembly. 735 ILCS 5/9-209 Demand for Rent – Eviction Action
- A 10-day notice is for lease violations other than nonpayment. It has to describe the violation and give at least ten days before suit.4Illinois General Assembly. 735 ILCS 5/9-210 Breach of Lease Terms
- A 30-day notice ends a month-to-month tenancy where there is no fixed lease.5Illinois General Assembly. 735 ILCS 5/9-207 Periodic Tenancies
Each notice needs the tenant’s name, the property address, and the specific reason. For rent, an approximation isn’t enough. The precise balance owed has to appear on the face of the notice.
Non-Fault Terminations Need Longer Notice
When a landlord isn’t alleging nonpayment or a lease violation, but simply doesn’t want to renew or wants to raise rent past what the tenant will accept, Chicago’s Fair Notice Ordinance adds longer notice periods based on how long the tenant has lived there:6City of Chicago. Know Your Rights: Fair Notice Ordinance
- More than six months but less than three years: 60 days.
- Three years or more: 120 days.
Fair Notice applies to written leases and to informal month-to-month arrangements. It does not apply to nonpayment or lease-violation evictions.
How the Notice Has to Be Delivered
Illinois recognizes three delivery methods. Personal service, meaning the notice is handed to the tenant, is strongest. If the tenant isn’t home, a copy can be left with any household member who is at least 13 and lives in the unit. The third option is certified or registered mail with return receipt. Posting on the door is only allowed if the unit is truly vacant. Text, email, and slipping the notice under the door do not count.
Judges scrutinize proof of service at the first hearing. A landlord who can’t show proper delivery has the case dismissed and has to re-serve and refile, and under the RLTO’s fee-shifting rule can be ordered to pay the tenant’s attorney fees for the failed round.7Municipal Code of Chicago. Municipal Code of Chicago – Chapter 5-12 Residential Landlords and Tenants – Section 5-12-180
Step Two: Filing the Eviction Case
Once the notice period runs out with no resolution, the landlord files a “forcible entry and detainer” action in Cook County. The main document is the Eviction Complaint, a standardized Illinois form identifying the property, the legal basis for eviction, and whether the landlord is seeking possession only or possession plus money damages such as back rent and attorney fees.8Illinois Courts. Eviction Complaint An Eviction Summons tells the tenant when and where to appear. Both are part of the statewide standardized eviction forms every Illinois court must accept.9Office of the Illinois Courts. Eviction
Everything in the complaint must match the original notice exactly, down to the spelling of names and the description of the premises. Mismatches give the tenant a defense at the first hearing.
All civil filings in Cook County go through eFileIL, the state’s mandatory electronic filing portal.10eFile Illinois. eFile Illinois Filing fees generally run a few hundred dollars, depending on whether money damages are also claimed. Low-income filers can apply for a fee waiver.
Step Three: Serving the Lawsuit
The pre-suit notice and the summons are two different things, and both have to be delivered under their own rules. After the clerk accepts the filing and assigns a case number, the tenant has to be formally served with the summons and complaint. The Cook County Sheriff’s Office handles most eviction service, charging $60 for e-filed cases or $95 for paper filings, plus a $10 mileage charge.11Cook County Sheriff’s Office. Serving Process (Summons)
If the Sheriff can’t reach the tenant after several attempts, the landlord can ask the court to appoint a special process server, usually a licensed private individual. Until service is completed, the judge has no authority to rule. This is where a lot of evictions stall, especially when the tenant is actively avoiding service.
Step Four: The Hearing and the Order
The first court date is usually set within about two weeks of filing, sometimes longer depending on the calendar. At the hearing, the judge works through the procedural checklist: Was the right notice used? Was it properly served? Does the complaint match the notice? Does the court have jurisdiction? A miss on any of those ends the case.
If the landlord clears the checklist and prevails on the merits, the court enters an Eviction Order granting possession, with a date and time by which the tenant must vacate.12Illinois Courts. Eviction Order The judge may stay enforcement, giving the tenant extra time to move. For cases involving drug activity or certain emergencies, the statute caps the stay at seven days.13Illinois General Assembly. 735 ILCS 5/ Code of Civil Procedure – Article IX In a standard nonpayment or lease-violation case, the judge has broader discretion and may grant a stay from a few days to several weeks, especially when children, elderly residents, or medical issues are involved.
Parties who settle can put an agreed order on the record with a different move-out timeline. A tenant who contests may get a full trial on a later date.
Step Five: Sheriff Enforcement
An eviction order does not let the landlord walk in and clear the unit. Only the Sheriff can physically remove a tenant. If the tenant stays past the move-out date, the landlord files the order with the Cook County Sheriff’s eviction office and pays an enforcement fee. Scheduling the physical eviction typically takes another four to six weeks from the date the order is filed, depending on backlog.14Cook County Sheriff’s Office. Evictions Guide – A Plaintiff’s Guide to Eviction Procedure Landlords can track the case through the Sheriff’s online portal. On the scheduled day, a deputy removes the tenant and their belongings, and the landlord takes possession and can change the locks.
What Happens to Belongings Left Behind
Under RLTO Section 5-12-130, a landlord who finds property after an eviction can either leave it in place or remove and store it, but must wait at least seven days before disposing of anything.15Municipal Code of Chicago. Municipal Code of Chicago – Chapter 5-12 Residential Landlords and Tenants – Section 5-12-130 Two exceptions allow immediate disposal: perishable items, and items reasonably believed to be worth less than what storage would cost. Throwing out visibly valuable belongings on day one is a fast route to a damages claim.
Self-Help Evictions Are Illegal
Under RLTO Section 5-12-160, a landlord cannot change the locks, remove doors or windows, or shut off water, heat, electricity, or gas to force a tenant out.16Municipal Code of Chicago. Municipal Code of Chicago – Chapter 5-12 Residential Landlords and Tenants – Section 5-12-160 Fines run $200 to $500 per day the violation continues. A tenant who proves a lockout or utility shutoff can also recover possession plus up to two months’ rent or double actual damages, whichever is greater, along with attorney fees. The math almost never favors the landlord.
Defenses That Can Stop the Case
Before filing, landlords should know what defenses tenants raise, because a successful defense means dismissal and, usually, attorney fees for the tenant.
Procedural Defects
The most common defense is that the landlord made a procedural mistake: the notice was short by a day, the rent amount was wrong, service failed, or the complaint doesn’t match the notice. Chicago judges treat these as jurisdictional, not technicalities.
Retaliation
Under RLTO Section 5-12-150, a landlord cannot evict a tenant in response to protected activity such as complaining to a government agency about code violations, requesting repairs, joining a tenant organization, or testifying about building conditions in a legal proceeding. If the tenant did any of those within one year before the eviction filing, a rebuttable presumption of retaliation attaches and the landlord has to prove a different motive.17Municipal Code of Chicago. Municipal Code of Chicago – Chapter 5-12 Residential Landlords and Tenants – Section 5-12-150
Habitability
When a tenant withheld rent because of serious unaddressed problems (no heat, broken plumbing, pest infestations), the tenant can argue the landlord breached the implied warranty of habitability first. The defense is strongest when the tenant documented the problems in writing and gave the landlord a reasonable chance to repair.
Free Legal Help for Tenants
Chicago runs a Right to Counsel pilot program that provides free legal representation to eligible low-income tenants facing eviction, generally those at or below 80 percent of area median income. Tenants served with an eviction summons get a phone number for the CARPLS legal hotline for advice, rental-assistance referrals, and screening for representation. Unrepresented tenants who appear at the initial hearing are also offered a chance to connect with a lawyer through the court. Tenants who don’t qualify for the pilot can still seek help from Cook County legal aid organizations that handle eviction defense.