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As a Landlord or Property Manager in Chicago or anywhere in Illinois, the eviction processes can be daunting. These days, you now have to be sure you are following the rules around which notice of non-payment you deliver in advance of an eviction. The crazy thing is, the notice you deliver has been enacted since the days of COVID, yet no one has been calling Landlords out. This article is especially important if you have rentals in Cook County, which includes all of Chicago and a large part of the surrounding suburbs.
Why Is 30-Day Notice Needed Now If This Has Been Law Since COVID?
As mentioned above, the requirement to deliver a 30-day notice over a 5-day notice for certain scenarios has been around since COVID, but only now it has become a big deal. For years judges were not acknowledging this to be a requirement and allowing evictions to simply happen with the traditional 5-day notice.
It wasn't until earlier in 2024 when court based Legal Aid assistance and Tenant Rights groups started using this as a defense in eviction cases in Cook County. It is crazy how something that was so simple went years without being leveraged for tenants facing eviction.
Before we go any further, let’s break down the basics so the average person understands some of the terms and lingo we will use in this article.
What Is a 5-Day Notice?
A 5-day notice is the traditional notice used for non-payment of rent that is delivered to the tenant by the Landlord (or by a process server the Landlord hires) in advance of filing for eviction against the tenant. This is a legal notice that is the basis of the eviction lawsuit that may be filed in the court system if the tenant does not pay within 5 days. This is the standard notice outlined under Illinois law, giving tenants five full calendar days to pay the overdue rent or the landlord can then proceed to file for an eviction lawsuit.
What Are The Notice Day Rules?
In Chicago or anywhere in Illinois, you count days in a 5-day notice as each calendar day but if the 5th day falls on a holiday or a Sunday then you must give the full next day as the last day. For example, if I hand deliver a 5-day notice on Monday to my tenant, Tuesday is day 1 and Saturday is day 5. Courts are closed on Sunday so you can file for eviction on Monday. Now, if I hand deliver a 5-day notice on Tuesday to my tenant, Wednesday is day 1 and Sunday is day 5 which means I must give it to the end of the day on Monday for the tenant to pay. I could then file for eviction on Tuesday.
What is a 30-Day Notice?
A 30-day notice is newer but not brand new. In 2020, during COVID, the Federal government passed the CARES Act, which is structured around trying to keep families that are unable to pay for their homes.
This is not specific to Illinois as it is a Federal Law but most Chicagoland Landlords have not clue this exists and in the act it lays out scenarios where you must deliver 30-day notice vs standard 5-day notice.
When Must Illinois Landlords Deliver 30-Notice of Non-payment
There are two scenarios when Illinois Landlords must deliver a 30-day notice of non-payment.
Property w/Mortgage - It is not just with any mortgage but a mortgage that is backed by a federally-backed mortgage like Fannie Mae or Freddie Mac Loans. These mortgages make up a large amount of the loans given out everyday so if you got your mortgage from a traditional bank or mortgage banker more than likely you have a federally-backed loan.
Property w/Subsidy Tenant - if you have a tenant where you receive funds through the HUD section 8 subsidy program. This is true for HUD based buildings and scattered voucher programs.
How Do I Know If I have a federally backed mortgage?
Like mentioned above, if you received a loan from a traditional bank or mortgage banker and more than likely, you have a federally backed mortgage, but if you want to be sure, you can always look it up.
Mortgage Look Up - you can check out the Fannie Mae look up using this site.
When to Serve a 5-Day Notice
A 5-day notice is appropriate if the tenant has failed to pay rent as per the lease agreement and you do not fall into one of the two scenarios above.
A 5-Day notice is a legal document and you should seek legal advice on how to draft it up in your local County. The slightest mistake can get your eviction lawsuit tossed out of court for technical errors you make on a 5-day notice. As a general guideline here is what you need to include on a template you get from a Property Manager or attorney. Please do not just download a template from online.
Tenant Information: Full names of all leaseholders, any known occupants aged 18 or older, and “and all unknown occupants”.
Property Address: Ensure accuracy, including unit numbers and directional markers (e.g., N, S, E, W).
Amount Due: Clearly state the total rent owed up to the notice date.
Statutory Language: Illinois law requires specific language in the notice, such as "ONLY FULL PAYMENT WILL WAIVE THIS NOTICE."
Once again, keep in mind that even minor errors in the notice—like a misspelled address or incorrect amount due—can result in delays or a dismissed case.
When to Serve a 30-Day Notice
The CARES Act mandates a 30-day notice when the Landlord has a federally backed loan from such institutions as Fannie Mae and Freddie Mac or the rental had a subsidized tenant(section 8) residing in the home.
This notice gives tenants 30 days to resolve the issue or vacate. Unlike the 5-day notice, a 30-day notice applies to non-payment but must account for the tenant’s rental assistance or subsidy. Be sure to:
Notify relevant housing authorities (e.g., Chicago Housing Authority or Housing Authority of Cook County).
Include language addressing subsequent rent accrual during the 30-day period.
Follow up to ensure all required documentation is accurate and complete.
What If I Serve the Wrong Notice?
If you serve the 30-day notice when only the 5-day notice is required then the only real consequence is it will take you longer to get to court if that is the route the scenario takes.
If you serve a 5-day notice when a 30-day notice was required this could get called out in court by the tenant, tenants attorney, or legal aid and the case can get tossed out of court. At that point you would have to start the entire process over again with a new 30 day notice.
Considerations When Serving 5-Day or 30-Day Notices
Personal Delivery: Notices can be served to the tenant or an occupant aged 13 or older. Be sure to ask for the age and the name of the person you hand the notice to.
Certified Mail: While an option, it is less reliable as tenants may refuse delivery. When was the last time you went to the post office to pick up certified mail. When a tenant isnt paying they most likely will expect this so the last thing they will do is sign for certified mail or go pick it up from the post office.
Posting on Door: Allowed only if no one is in possession, and specific lease provisions allow for it. (Not recommended in Cook County)
Ensure you complete the affidavit of service accurately, specifying the method and recipient of the notice. Personal hand delivery is the safest bet to ensure there are no technicalities that put your case at risk down the road. Landlords can also hire a process server($80-$90) to ensure the notice is delivered timely and paperwork is processed correctly.
Avoiding Tenant Collections Common Pitfalls
Partial Payments: Accepting any payment after serving a 5-day notice voids the notice. Refuse partial payments or issue a new notice immediately for the remaining balance. If you accept partial payments it will just make the court process messy and you put your case at risk of being tossed out of court. There are times when it makes sense to collect what the tenant has but immediately hand them a new 5-day or 30-day notice.
Accepting Cash: When you do this you set yourself up for issues if that cash is not clearly trackable and there becomes a dispute. Some tenants only have the means to pay in cash and may not have a bank account but require them to convert their cash into a certified or cashiers check. They can get those at most any bank or currency exchange anywhere around Chicago or the suburbs.
Documentation: Maintain organized and chronological records of rent payments, violations, and all interactions with the tenant. Judges heavily rely on clear, credible records during eviction proceedings.
Choosing the correct notice is not just a legal formality; it’s the foundation of a successful eviction process. Using the wrong notice or failing to comply with local regulations can cost you time, money, and frustration. By understanding the distinctions between 5-day and 30-day notices and following best practices, you can protect your property and minimize risks.
Need help with the eviction process or other issues you may run into as a self manager? We specialize in helping Chicagoland Landlords succeed especially when the tougher times of being a Landlord surface.
Property management is a full-time job – and a tough one at that. Considering everything that goes into managing your own properties, assess how much time needs to be allocated to finding and screening tenants, maintaining and repairing units regularly, getting familiar with Illinois Laws, and resolving tenant issues, but without good management, even the best properties can end up dropping in value and that’s where this guide comes in.
To help you on this journey we have built out THE SURVIVAL GUIDE FOR SELF MANAGERS which you can download for FREE today. This guide may not cover every answer you need but for the questions you have that are not in this guide we are here to jump on a call to discuss anything you need to stay on track with the management of your rental property here in Chicago or the Chicagoland suburbs.
Legal Disclaimer: I am not an attorney and do not provide legal advice. The materials available at this blog are for informational purposes only. You should contact your attorney to obtain advice with respect to any particular issue or problem.
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