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. Crucially, even for commercial property, landlords must the court system.

Official Law Citation: The rules and regulations outlined on this page are governed by the Illinois Compiled Statutes (735 ILCS 5/9)Il-preview mhux disponibbli.

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 a Forcible Entry and Detainer lawsuit.

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, if a commercial landlord accepts a partial payment, it waives their right to evict for that specific notice period-unless the lease explicitly contains an enforceable non-waiver clause specifying that partial payments do not waive eviction rights.

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. The tenant has 10 days to correct the violation.

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 a Forcible Entry and Detainer 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.

Distraint 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 ("distraint"). This process requires a court order and is heavily regulated today. Landlords are far better served relying on the Forcible Entry 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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