Filing fees, sheriff costs, attorney fees, and lost rent, under 735 ILCS 5/9 (Forcible Entry and Detainer)
Evicting a tenant in Illinois involves specific procedures and costs. This guide details the financial realities and legal requirements for landlords with 1-20 units. Illinois's legal framework for eviction, primarily governed by 735 ILCS 5/9 (Forcible Entry and Detainer), presents distinct challenges and opportunities for landlords.
Understanding these specifics from the outset is crucial. Incorrect steps lead to delays, increased costs, and potential dismissal of your case. For a landlord, this means more lost rent and legal fees.
Illinois, unlike some states, does not have statewide just-cause eviction requirements. This means outside of specific local ordinances (like Chicago's RLTO), you generally do not need a "just cause" to terminate a month-to-month tenancy, provided proper notice is given. However, the process itself is highly procedural. Deviations are not tolerated by the courts. This is a state where precise adherence to notice periods and service requirements is non-negotiable.
Key regulators include the Circuit Courts in each county, which hear eviction cases. The local Sheriff's office handles service of process and execution of eviction orders. These entities enforce the statutes strictly.
For non-payment of rent, Illinois requires a 5-day notice. This is a short window compared to some states. For no-cause termination (e.g., a month-to-month lease not being renewed), a 30-day notice is standard. These timelines are minimums. Do not serve a notice on the 4th day for non-payment expecting to file suit on the 6th. The clock starts the day after service. This 5-day period is critical for landlords to understand and execute correctly. Miscounting days is a common mistake that can invalidate your notice and force you to restart the process.
Illinois also has no statutory cap on security deposits. While this offers flexibility, it doesn't reduce the procedural burden of evictions. Landlords must still comply with all security deposit return rules, separate from the eviction itself.
Your primary goal is to minimize lost rent and legal expenses. This means efficient, legally compliant action. A typical uncontested eviction in Illinois, from notice to possession, can easily take 60-90 days. Contested cases run longer, often 4-6 months, sometimes more.
Expect to spend a minimum of $1,500-$3,000 in legal fees and court costs for an uncontested eviction handled by an attorney. This figure does not include lost rent, property damage, or clean-out costs. If the tenant contests, or if there are counterclaims, these costs escalate rapidly. A contested eviction can easily exceed $5,000 in attorney fees alone.
Don't attempt self-representation if you are unsure of the process. Do hire an attorney specializing in landlord-tenant law. The cost of an attorney is often less than the cost of a botched eviction leading to dismissal, re-filing, and prolonged lost rent. A common landlord mistake: using an outdated notice form or failing to properly serve the notice. For instance, leaving a 5-day notice taped to a door without also mailing it, when the lease requires mailing, is grounds for dismissal. This mistake alone can set you back another 30-45 days and hundreds in re-filing fees.
As of recent legislative sessions, there has been a consistent push for increased tenant protections in Illinois. While statewide just-cause eviction has not passed, landlords should monitor proposals for rent control, extended notice periods for non-renewals, and further restrictions on security deposit usage. For example, recent discussions have included proposals to extend the non-payment notice period from 5 days to 10 days, or to require a 60-day notice for lease non-renewal regardless of lease term. These changes, if enacted, would directly impact the eviction timeline and strategy. Staying informed on these legislative movements, even if they don't immediately become law, is part of managing risk in Illinois.
The path to regaining possession of your property in Illinois is procedural and unforgiving. Prepare for legal expenses and lost income. Minimize both by understanding and strictly adhering to the law from the first notice served.
| Cost Line | Uncontested | Contested |
|---|---|---|
| Notice prep & service | $75–$200 | $150–$350 |
| Court filing fee | $200–$400 (735 ILCS 5/9 (Forcible Entry and Detainer)) | |
| Process server | $75–$200 | |
| Attorney fees | $750–$3,500 | |
| Sheriff / constable lockout | $60–$200 | |
| Lost rent during process | $1,021–$2,043 (30–60 days @ $1,021/mo) | $2,043–$5,107 (60–150 days) |
| Cleaning, repairs, re-leasing | $800–$2,200 | $1,100–$5,200 |
| Total scenario | $1,581–$4,143 | $3,553–$12,707 |
Illinois eviction costs often surprise landlords unfamiliar with its specific rules. This section covers unique aspects, county-specific quirks, and common traps in Illinois, focusing on 735 ILCS 5/9 (Forcible Entry and Detainer).
Illinois does not have statewide just-cause eviction. This means you generally don't need a specific "reason" to terminate a tenancy at the end of a lease term, beyond proper notice. However, this flexibility diminishes once a tenant is in a month-to-month or holdover situation, or if you are terminating for cause.
For non-payment of rent, the statewide notice is a 5-day notice. This is a strict deadline. You must serve this notice correctly before filing an eviction case. If the tenant pays within those five days, the notice is void. Do not refuse payment if offered within the 5-day window.
For no-cause termination of a month-to-month tenancy, a 30-day notice is required. This applies when you simply wish to end the tenancy without alleging a lease violation. Always ensure your notice period aligns with the rental period (e.g., if rent is due on the 1st, make the termination effective on the last day of a month).
This is where many landlords stumble. While Illinois lacks statewide just-cause, Chicago and Cook County (outside Chicago) have their own ordinances that significantly alter the eviction process and costs. These ordinances often impose longer notice periods and introduce just-cause requirements for lease non-renewals.
Don't assume statewide rules apply everywhere. Always check if your property is subject to Chicago or Cook County ordinances. Do consult the specific ordinance applicable to your property's location before issuing any notice.
Illinois has no statutory cap on security deposits. However, Chicago and Cook County ordinances impose strict rules on handling security deposits. These include specific timelines for returning deposits, itemized deductions, and interest payments. Failure to comply can lead to double the security deposit plus attorney's fees. Even if your property is not in Chicago or Cook County, best practice is to always return deposits promptly with a detailed accounting.
Common Landlord Mistake: A frequent error is deducting for "normal wear and tear." For example, repainting a unit because it looks "a bit worn" after a 2-year tenancy is usually considered normal wear and tear, not damage. Deducting for this can lead to a lawsuit where you might owe double the deposit. Only deduct for actual damage beyond normal wear and tear. Keep clear records and photos.
Court filing fees vary by county. In Cook County, for instance, initial eviction filing fees for a single defendant can be around $350-$400. This does not include service of process. Expect additional fees if you need to serve multiple defendants or use a special process server. If the case goes to judgment and you need an eviction order, there will be further fees for the sheriff to execute the order, often another $100-$200.
As of recent legislative sessions, Illinois has seen ongoing discussions and some enacted changes regarding tenant protections. One area of focus has been the expansion of tenant rights regarding habitability and access to legal counsel. While a statewide just-cause eviction bill has not passed, similar proposals continue to emerge. Landlords should monitor legislative developments, particularly those related to notice periods, non-renewal reasons, and the right to counsel for tenants. These changes, if enacted, could further extend the eviction timeline and increase costs, especially for properties outside of existing strong tenant protection ordinances.
Even a straightforward non-payment eviction in Illinois, assuming no complications and proper adherence to notice periods, will take at least 30-45 days from the initial 5-day notice to a sheriff-enforced lockout. This assumes immediate court availability and no tenant-requested continuances. With legal representation, expect attorney fees ranging from $1,500 to $5,000 for an uncontested eviction, potentially much higher if the case becomes contested or involves a jury trial.
The key takeaway for Illinois landlords is diligence. Understand your specific county and city ordinances. Mistakes in notice, security deposit handling, or court procedure will significantly prolong the process and increase your costs.
Every dollar spent on tenant screening saves roughly $15–$25 in eviction and turnover costs. A rigorous screening protocol, verified income, rent-to-income ratio, prior landlord references, and a documented rubric, is the single highest-ROI move a Illinois landlord can make.
See our tenant screening guide for Illinois for the 5-point protocol used by NextGen Properties.
Cook County market-rate unit: $9,500 to $24,000 all-in on a typical $1,800 unit. Direct legal $1,800 to $4,500. Lost rent during the 75 to 200-day case $4,500 to $12,000. Turn $2,000 to $5,000. Vacancy $1,200 to $2,700. Marketing $200 to $500. Downstate: $5,500 to $12,000 all-in on a $1,200 unit. The dominant cost is lost rent during the case, not the filing fees.
Cook County: $237 if back rent claimed is under $15,000; $432 if over $15,000. Downstate counties: $110 to $260 depending on county. Sheriff service: $60 per defendant. Sheriff lockout execution: $60. Reschedule fee: $65 eFile or $95 paper. The fees are recoverable in the judgment but rarely collectible against the tenant. Filing is electronic through eFileIL.
Yes, if the lease provides for it. Illinois law permits attorney-fee shifting only when the lease contains an attorney-fee clause. Most commercial-format Illinois residential leases include the clause. The court may award fees as part of the judgment. Practical recovery is limited: the same tenant who could not pay rent typically cannot pay a fee award. Treat the attorney fee as a sunk cost when deciding whether to settle or go to trial.
Cook County uncontested: 75 to 130 days from filing to lockout. Contested: 130 to 200 days, sometimes longer if the tenant is represented through Chicago's Right to Counsel program. Downstate uncontested: 45 to 90 days. The Cook County calendar is the slowest in the state; the sheriff lockout queue alone runs 2 to 6 weeks after the stay period expires.
Almost always. A typical Chicago cash-for-keys offer runs $1,500 to $5,000 plus return of security deposit, contingent on clean move-out by a date certain. Compare to $9,500 to $24,000 all-in for a contested Cook County case. Cash-for-keys also avoids the eviction filing on the tenant's record. For Cook County market-rate units, cash-for-keys is the default first move when the tenant has stopped paying but has not yet been served.
Informational only, not legal advice. Consult a licensed Illinois attorney. Source attribution in the Sources band below.
