Illinois Compiled Statutes
735 ILCS 5/9-209 (2026)
Demand for rent - eviction action
✓ current as of May 2026
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(735 ILCS 5/9-209)
(from Ch. 110, par. 9-209)
Sec. 9-209. Demand for rent - eviction action. A landlord or his
or her agent may, any time after rent is due,
demand payment thereof and notify the tenant, in writing, that unless
payment is made within a time mentioned in such notice, not less than
5 days after service thereof, the lease will be terminated. If the tenant does not pay the rent due within the time stated in the notice under this Section, the landlord may consider the lease ended and commence an eviction or ejectment action without further notice or demand. A
claim for rent may be joined in the complaint, including a request for the pro rata amount of rent due for any period that a judgment is stayed, and a judgment obtained for
the amount of rent found due, in any action or proceeding brought, in an eviction
action under this Section.
Notice made pursuant to this Section shall, as hereinafter stated, not
be invalidated by payments of past due rent demanded in the notice, when
the payments do not, at the end of the notice period, total the amount demanded
in the notice. The landlord may, however, agree in writing to continue
the lease in exchange for receiving partial payment. To prevent invalidation,
the notice must prominently state:
"Only FULL PAYMENT of the rent demanded in this notice will waive the landlord's
right to terminate the lease under this notice, unless the landlord agrees
in writing to continue the lease in exchange for receiving partial payment."
Collection by the landlord
of past rent due after the filing of a suit for eviction or ejectment
pursuant to failure of the tenant to pay the rent demanded in the notice
shall not invalidate the suit.
(Source: P.A. 100-173, eff. 1-1-18.)
Notes of Decisions
Cited in 31
cases (7 in the last 5 years), 1993–2025 · leading case: Am. Mgmt. Consultant, LLC v. Carter, 915 N.E.2d 411 (Ill. App. Ct. 2009).
Am. Mgmt. Consultant, LLC v. Carter, 915 N.E.2d 411 (Ill. App. Ct. 2009). “Justice McDADE delivered the judgment of the court and the following opinion: Plaintiff, American Management Consultants LLC, filed a complaint against defendant, Geaniece Carter, pursuant to section 9-209 of the Illinois Code of Civil Procedure (the Code) on forcible entry and…”
Doris Robinson, Debtor-Appellant v. Chicago Hous. Auth., Movant-Appellee, 54 F.3d 316 (7th Cir. 1995). “For instance, if a lease is for a “certain period,” and the tenancy “expires by the terms of the lease,” it is not necessary to give notice before filing an action for forcible entry and detainer.”
Goodwin v. Matthews, 2018 IL App (1st) 172141 (Ill. App. Ct. 2018). “735 ILCS 5/9-209 (West 2016). Under section 9-211 of the Act, such notice may be served by (i) delivering a copy to the tenant, (ii) leaving a copy with an individual over the age of 13 who resides at the premises, or (iii) sending a copy to the tenant by certified or registered…”
Cynthia Kernats v. Thomas O'Sullivan, 35 F.3d 1171 (7th Cir. 1994). “On September 2, pursuant to 735 ILCS 5/9-209, the Kernats' landlord, Carl Uthe, served a landlord's ten-day notice demanding payment of back rent.”
Goodwin v. Matthews, 2018 IL App (1st) 172141 (Ill. App. Ct. 2019). “¶ 21 Regardless, defendant was not entitled to a five-day notice under section 9-209 of the Act (735 ILCS 5/9-209 (West 2016)), as there is nothing in the record that establishes he was a lessee of the property.”
Campana Redevelopment, LLC v. Ashland Grp., LLC, 2013 IL App (2d) 120988 (Ill. App. Ct. 2013). “-3- Forcible Entry and Detainer Act (the FED Act) (735 ILCS 5/9-209 (West 2010)) permits a landlord to join a claim for past-due rent, the unamortized improvement costs were not past due and, further, were not rent.”
In Re Finkley, 203 B.R. 95 (Bankr. N.D. Ill. 1996). “735 ILCS 5/9-209 (1994). Second, the landlord must notify the tenant, in writing, that the rent must be paid within no less than five days.”
1002 E. 87th Street, LLC v. Midway Broad. Corp., 2018 IL App (1st) 171691 (Ill. App. Ct. 2018). “735 ILCS 5/9-209 (West 2014) ; American Management Consultant, LLC v.”
In Re Gant, 201 B.R. 216 (Bankr. N.D. Ill. 1996). “The Parties ’ Positions CHA relies on 735 ILCS 5/9-209 for the proposition that the Debtors’ leases were terminated prepetition.”
Cunningham v. Lifelink Corp., 159 B.R. 230 (N.D. Ill. 1993). “See 735 ILCS 5/9-209; Chicago Residential Landlord and Tenant Ordinance, ch.”
Spanish Court Two Condo. Ass'n v. Carlson, 2014 IL 115342 (Ill. 2014). “) 735 ILCS 5/9-209 (West 2008). Thus, when a landlord successfully litigates its forcible action, the landlord-tenant relationship ceases and, except for any money judgment for past due rent, the tenant’s rental obligation terminates.”
Villa DuBois, LLC v. El, 2020 IL App (1st) 190182 (Ill. App. Ct. 2020). “ction 2-619(a)(9) (735 ILCS 5/2-619(a)(9) (West 2018)) motion to dismiss because plaintiff failed to attach a copy of the lease and five-day notice to the complaint as required by section 2-606 of the Code of Civil Procedure (Code) (735 ILCS 5/2- 606 (West 2018)) and because…”
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