Illinois Commercial Eviction Process: Actions and Court Timelines
A landlord's guide to the commercial eviction process in Illinois, covering 5-day notices, Forcible Entry and Detainer actions, and prohibitions on self-he...
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This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
Commercial evictions in Illinois follow the same statutory rails as residential evictions, though a court may grant a commercial landlord faster rulings. Governed primarily by the Illinois Eviction Act (effective July 1, 1982), even for commercial property, landlords must use the court system to regain possession.
Official Law Citation: The rules and regulations outlined on this page are governed by the Illinois Eviction Act (735 ILCS 5/Art. IX).
No Self-Help Evictions
In many states, a commercial lease can contain a clause granting a landlord the right to lock out a defaulting tenant without a court order. Illinois strictly prohibits this.
Regardless of what the commercial lease says, a landlord cannot simply change the locks, disconnect the utilities, or physically remove a business's inventory. Doing so constitutes a wrongful eviction. The only legal path is through an Eviction lawsuit (formerly known as Forcible Entry and Detainer).
Notice Requirements
Before initiating a lawsuit, the landlord must fulfill strict notice requirements governed by state law (735 ILCS 5/9-209).
5-Day Notice (Non-Payment of Rent)
If a commercial tenant fails to pay rent, the landlord must serve a 5-Day Notice to Quit. The tenant has five days to pay the full amount stated. If the tenant pays in full, the default is cured, and the lease continues. Under Illinois law (735 ILCS 5/9-209), the acceptance of a partial rent payment does not constitute a waiver of the landlord's right to proceed with the eviction for the remaining balance, unless the landlord agrees in writing to continue the lease in exchange for receiving partial payment.
10-Day Notice (Lease Violations)
If a tenant violates other non-monetary aspects of the lease (e.g., unauthorized subleasing, failing to maintain commercial insurance, or carrying out unapproved renovations), the landlord issues a 10-Day Notice. This notice informs the tenant of the lease violation and demands that they vacate the premises within 10 days. While the lease agreement or the landlord may permit an opportunity to cure the violation, Illinois state law does not explicitly provide a statutory right to cure for all non-monetary breaches within this 10-day period.
The Court Process
If the notice period expires and the tenant has not vacated or cured the default, the landlord proceeds with a lawsuit.
- File the Complaint: The landlord files an eviction complaint in the county's circuit court. Commercial landlords generally name both the corporate entity on the lease and any personal guarantors.
- Service of Process: A sheriff or special process server officially serves the tenant.
- The Hearing: Commercial evictions are typically bench trials (heard before a judge, not a jury). Landlords must present the lease, the 5-Day or 10-Day Notice, proof of service, and a detailed rent ledger.
- Order of Possession: If successful, the judge grants an Order of Possession, stating a date the tenant must leave. Because commercial properties do not house residents, judges often set this date earlier than they would for residential tenants.
Sheriff Execution If
the business continues to operate against the Order of Possession, the landlord takes the order to the county sheriff. The sheriff physically executes the eviction. For commercial properties with large volumes of inventory or heavy equipment, the sheriff will usually require the landlord to coordinate a bonded moving and storage company to clear the premises.
Distress for Rent (Commercial Only)
Historically, Illinois commercial landlords had the right to seize a tenant's personal property on the premises to satisfy unpaid rent (known as "distress for rent" under 735 ILCS 5/9-301). This process requires a court order and a distress warrant. Landlords are far better served relying on the standard eviction process and seeking damages concurrently, rather than attempting property seizure.
How Landager Helps
Landager tracks lease terms, required compliance items, and accounting records - making it easy to stay compliant with Illinois regulations.
Sources & Official References
Frequently Asked Questions
▶What are the Illinois landlord-tenant laws every property owner should know?
Illinois landlord-tenant law is a mix of state statutes (765 ILCS) and powerful local ordinances. The state provides a baseline framework covering security deposits, eviction procedures, and habitability, but cities like Chicago (CRLTO), Evanston, and suburban Cook County (RTLO) impose significantly stricter requirements around deposit returns, late fees, and tenant remedies. Non-compliance with local ordinances can result in severe penalties.
Read the complete guide▶What is the Illinois eviction process and how long does it take?
Illinois eviction follows the Forcible Entry and Detainer process. For non-payment, landlords serve a 5-Day Notice to Quit. For lease violations, a 10-Day Notice to Quit is required. To terminate a month-to-month tenancy without cause, 30 days' notice is needed. Self-help evictions (changing locks, removing belongings) are strictly prohibited. In Chicago, the CRLTO imposes additional notice requirements and tenant cure periods that landlords must follow.
Read the complete guide▶What is the Illinois security deposit limit and return deadline?
Illinois state law does not cap security deposit amounts, but Cook County, Evanston, and Oak Park limit deposits to 1.5 times the monthly rent. State law requires deposits to be returned within 45 days of move-out. If deductions are made for property damage, an itemized statement with paid receipts must be provided within 30 days. Chicago's CRLTO requires deposits in interest-bearing accounts with annual interest payments to tenants.
Read the complete guide▶Does Illinois have rent control or caps on rent increases?
No. Illinois passed the Rent Control Preemption Act, which prohibits any city or municipality from enacting rent control measures. There are no state limits on how much a landlord can increase rent. During a fixed-term lease, rent cannot be increased unless the lease explicitly allows it. For month-to-month tenancies, landlords must provide at least 30 days' written notice before any increase takes effect.
Read the complete guide▶What is the Chicago RLTO and how does it affect landlords?
The Chicago Residential Landlord and Tenant Ordinance (CRLTO) is one of the most powerful local tenant protection laws in the country. It imposes strict rules on security deposit handling (interest-bearing accounts required), mandates specific lease disclosures, limits late fees, and provides tenants with aggressive remedies including the ability to recover twice the deposit amount if a landlord violates the ordinance. Landlords operating in Chicago must comply with both state law and the CRLTO.
Read the complete guide▶What disclosures must Illinois landlords provide to tenants?
Illinois landlords must disclose lead-based paint hazards for pre-1978 buildings, radon hazards if testing reveals elevated levels, flood zone status and flooding history within the past 10 years (new in 2025), and shared utility meter arrangements where tenants may be paying for common area utilities. Chicago adds additional required disclosures including building code violations, foreclosure proceedings, and the full text of the CRLTO summary.
Read the complete guide▶What are Illinois landlord maintenance obligations and habitability standards?
Illinois enforces an implied warranty of habitability, requiring residential properties to be fit for human occupation and comply with building, housing, and health codes. Tenants can use the 'repair and deduct' remedy (765 ILCS 742) for repairs costing less than $500 or half a month's rent — they give 14 days' written notice, have the work done professionally, and deduct the cost from rent. Chicago's CRLTO provides even stronger tenant remedies for habitability failures.
Read the complete guide▶What are the late fee rules for rental properties in Illinois?
Illinois state law does not impose a specific cap on late fees but requires them to be reasonable and stated in the lease. Chicago's CRLTO is more restrictive, capping late fees at $10 per month for rent under $500, and 5% of the monthly rent amount for higher rents. The CRLTO also mandates a 5-day grace period before any late fee can be assessed. Violations of these limits can trigger tenant remedies under the ordinance.
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