Prepare your documents for Eviction in Illinois

This website helps prepare the forms required for Eviction in Illinois.

An overview of Eviction at is here

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HOW IT WORKS

1. Take Screening

Start with an online screening tool to help you determine which eviction-related legal option best fits your situation.

2. Prepare Documents

Instead of looking at the forms themselves, our system will help you complete your filing documents by having you answer all of the necessary information by topic. We will ask you questions in plain and non-legal language. To make this process as simple as possible, our system will then generate your response anywhere it is needed on the forms.

3. Consult Advocate (Optional)

You can consult a housing advocate to get guidance on eviction-related matters. If you’re facing eviction from a rental property, an advocate can help you understand your rights and options. They can review your case documents, speak with you directly about your situation, and assist with developing a plan to maintain housing stability.

4. File with the Clerk

You can formally begin the eviction case by filing your forms with the clerk at the appropriate Circuit Court in Illinois. You must file in the county where the rental property is located. Filing can typically be done in person at the courthouse, and many counties also offer online filing through the statewide e-filing system. Be sure to check with your local Circuit Court for specific filing procedures, required fees, and accepted filing methods.

Process

Step 1

You: Take Online Screening

Begin your eviction process by taking the screening on LegalAtoms. Just enter your zip code in the top right corner of the homepage, then answer some simple questions about your rental situation and the tenant issue you are facing. This screening is designed to confirm whether filing an eviction case is appropriate for your situation and which specific forms and steps you will need. Based on your answers, LegalAtoms customizes the process to fit your county’s local rules and your case details. Before starting, gather all relevant documents to support your eviction claim.

Step 2

You: Gather Evidence and Issue the 3-Day Notice to Pay Rent or Quit

Start by collecting all important documents to support your eviction case, including:

The lease or rental agreement signed by both you and the tenant
A record of rent payments or missed payments
Any written communication or notices previously given to the tenant

Next, prepare the 3-Day Notice to Pay Rent or Quit, as required under the Illinois Forcible Entry and Detainer laws (735 ILCS 5/9-209) for nonpayment of rent. This notice informs the tenant that they must pay the overdue rent within five days or vacate the property. If the eviction is for another reason (such as a lease violation or holdover tenancy), the law may require a different type of notice with a different time period.

You can use an online template or a legal platform like LegalAtoms to generate a compliant notice, or upload your own if you already have one.

Make sure to serve the notice properly—either by handing it directly to the tenant, leaving it with a person at least 13 years old at the property and mailing a copy, or sending it via certified/registered mail. Always keep a copy of the notice and proof of service, as these will be needed when you file the case with the Circuit Court.

Step 3

You: Wait for the Notice Period to Expire

After serving the 3-Day Notice to Pay Rent or Quit, you must wait the full notice period before taking further action. In Illinois, this is usually five calendar days for nonpayment of rent, unless the lease or state law specifies a different time frame for other types of notices. Weekends and holidays are included in the count, unless the notice states otherwise.

If the tenant pays the overdue rent or resolves the issue within the notice period, the eviction process stops. However, if the tenant fails to comply or vacate, you are legally allowed to proceed by filing an eviction case (called a Forcible Entry and Detainer Action) in the appropriate Circuit Court for the county where the rental property is located.

Step 4

You: Create Your Eviction Case on LegalAtoms

Log in to your LegalAtoms account, or create a new one if you don’t already have an account. From your dashboard, click “Start New Case” and select “Eviction (Illinois)” as the case type. The platform will guide you step by step through entering all required information, including:

The tenant’s full name and contact details
The rental property address and lease terms
Uploads of supporting documents, such as the lease agreement, 3-Day Notice to Pay Rent or Quit, and rent payment records

LegalAtoms helps ensure that your filing is complete and complies with Illinois eviction laws before you submit it to the court.

Step 5

You: Serve the Summons and Complaint

Once your eviction case (Forcible Entry and Detainer) is filed with the appropriate Illinois court, the court will issue a Summons and a copy of your Complaint to officially notify the tenant about the lawsuit.

Serving the Tenant:
In Illinois, the Summons and Complaint must be served by the sheriff, a licensed process server, or another court-authorized individual—you cannot serve them yourself.

The server will attempt to:

Personally deliver the documents to the tenant, or
Leave them with someone over the age of 13 at the residence and mail a copy, or
Post them on the property and mail a copy, if other methods fail (only after court approval)

Once service is completed, the proof of service (return of service) must be filed with the court—this is typically done by the sheriff or process server. Proper service is essential; without it, your case may be dismissed or delayed.

Step 6

Wait for Tenant’s Response

After the tenant has been served with the Summons and Complaint, you must wait for their response within the time allowed by Illinois law.

In most Illinois eviction cases, the tenant must appear in court on the date listed in the Summons. Depending on the court’s rules, the tenant may also be required to file a written appearance or answer before the hearing.

During this waiting period, keep track of any court notices and updates, including the scheduled hearing date. If the tenant does not appear in court and proper service was completed, the judge may enter a default judgment in your favor, allowing you to move forward with obtaining an Eviction Order to regain possession of the property.

Step 7

You, Request Default Judgment or Prepare for Hearing

If the tenant does not appear at the scheduled eviction hearing, the judge may issue a default judgment in your favor. LegalAtoms will guide you through confirming that service was completed correctly and requesting the default judgment, so your case can move forward without unnecessary delay.

If the tenant appears, LegalAtoms will help you prepare by:

Explaining which documents and evidence to bring (such as the lease, Eviction Notice, rent payment records, photos, or inspection reports)
Offering tips on how to present your case clearly and confidently
Preparing you for what typically happens during an Illinois eviction hearing

At the hearing, both you and the tenant will present their sides. The judge will then decide whether to issue an Eviction Order granting you possession of the property and possibly a money judgment for unpaid rent or damages.

Step 8

You: Obtain Final Judgment and Request Eviction Order

If the court rules in your favor at the hearing, the judge will issue a Final Judgment for Possession (often part of the Eviction Order), granting you the legal right to take back the rental property. The judgment may also include a money judgment for unpaid rent or damages if you requested it.

Next, you can request that the court issue an Eviction Order to be enforced by the county sheriff. Once the order is issued:

You must deliver the order to the Sheriff’s Office and pay any required enforcement fees
The sheriff will serve the tenant with notice of the scheduled eviction date
If the tenant does not leave by that date, the sheriff will physically remove them from the property

After this step, you legally regain possession and may begin cleaning, repairing, or preparing the property for a new tenant.