Illinois Commercial Eviction Process: Actions and Court Timelines

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)Preview unavailable.

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.

1. 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.
2. Service of Process: A sheriff or special process server officially serves the tenant.
3. 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.
4. 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.

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