How Long Does an Eviction Take in Illinois? The Legal Steps and What the Law Fixes
An Illinois eviction is a circuit court case with a notice before it and the sheriff after it. Here are the steps in order, the waits the statutes fix and the ones the court sets.
What are the steps of an Illinois eviction?
An Illinois eviction is a case in the circuit court of the county where the property is. In order:
- A written notice that fits the ground: a demand giving at least 5 days to pay rent, a 10-day notice to quit for a lease default, or 30 days to end a month-to-month tenancy (9-209, 9-210, 9-207).
- A complaint for eviction filed in the county where the premises are, stating a right to possession.
- A summons, with a hearing date the court sets.
- A hearing or trial, or a default if the tenant does not appear.
- An eviction order, enforced by the sheriff within 120 days unless the court extends it (9-117).
Which waits are fixed by the statutes?
The notice periods before filing and the 120-day enforcement window. The statutes we read leave the summons return date and the hearing to the court, and some counties, such as Cook, have their own rules and calendars. The Illinois eviction timeline calculator finds the earliest filing day and the last day to enforce.
Can a tenant stop the case by paying?
Paying the full rent demanded within the 5-day notice keeps the lease alive. After a suit is filed, collecting past-due rent does not invalidate it (9-209), so a tenant who wants to stay should ask the landlord in writing to dismiss, and talk to legal aid or a licensed attorney about the court’s power to stay enforcement.
What if the order is not enforced in time?
No eviction order may be enforced more than 120 days after entry unless, on the plaintiff’s motion, the court extends the period; the notice of that motion must tell the tenant that the landlord obtained a judgment, did not evict within the 120 days and will ask the court to let the sheriff evict, and what the tenant must prove to stop it (9-117).
Can the landlord skip any step?
No. See self-help evictions in Illinois. A federal 30-day notice may apply to a covered dwelling (15 U.S.C. 9058(c)).
What is the legal minimum for an unpaid-rent case?
In the example table below, a 5-day demand served on day 0 allows a filing on day 6, or the next business day; every later step depends on the court, except that the order must be enforced within 120 days of entry. The calculator gives the exact filing date. It is a minimum, not what to expect.
An example schedule for an unpaid-rent eviction
| When | What can happen |
|---|---|
| Day 0 | A 5-day demand is served |
| Day 5 or the next business day | The notice period ends |
| Next business day | Earliest day to file |
| After filing | The court sets the summons return and hearing dates |
| Order entered | The sheriff can enforce it |
| Within 120 days of the order | The order must be enforced or extended |
Where timing can change
A hearing date, a continuance, a stay or an appeal can add days or weeks, and the court calendar differs by county. The statutes we read set only the notice and the 120-day enforcement limits.
Frequently asked questions
What is the first step of an Illinois eviction?
A written notice that fits the reason, such as the 5-day demand for unpaid rent.
Does a landlord have to go to court to evict in Illinois?
Yes. It must win an eviction order and have the sheriff enforce it.
How long after the notice can the landlord file?
After the notice period ends: 5 days for rent, 10 for a default, 30 for month-to-month.
How long is an eviction order good for?
120 days, unless the court extends it.
Can I stop the eviction by paying the rent?
Within the 5-day notice, yes; after filing, talk to legal aid about the court.
Official sources
- 735 ILCS 5/9-209: demand for rent
- 735 ILCS 5/9-210: notice to quit
- 735 ILCS 5/9-207: tenancy for less than a year
- 735 ILCS 5/9-117: expiration of order
A local landlord-tenant attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Illinois statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Illinois attorney.