Partial Rent Payments and Eviction in Illinois: What Renters Need to Know

Many renters in Illinois face challenges paying their full rent on time, especially during unexpected events. If you're unable to pay your entire rent, offering a partial payment might seem like a good compromise. But what are your rights and risks? This article explains partial rent payments and how they can impact eviction in Illinois, using plain language and verified legal sources.

What Happens If You Pay Only Part of Your Rent?

In Illinois, paying less than the full rental amount is called a partial rent payment. Most rental agreements require the full rent to be paid by the due date. If you pay only part of what is owed, you may still be at risk of eviction unless your landlord agrees, in writing, to accept the partial payment as full satisfaction for the month.

Landlord Acceptance and Eviction Risk

In most cases, if you make a partial payment and your landlord accepts it, they can still move forward with eviction for the remaining unpaid rent unless they clearly waive that right in writing. This is defined by the Illinois Forcible Entry and Detainer Act.^[1]

• If you offer and the landlord accepts partial rent, eviction can still proceed for the balance unless you have a written agreement to the contrary.
• Landlords are not required to accept partial payments, and can refuse them.
• Local rules, including in Chicago and Cook County, may provide added protections — always check if your city has additional ordinances.

Illinois Eviction Process Overview

Eviction in Illinois is a legal process. When rent is not paid in full, your landlord can start proceedings by serving an official notice:

• 5-Day Notice to Pay Rent or Quit: The standard eviction notice for nonpayment of rent.
• If rent isn't paid in full (including any remaining balance after a partial payment) within 5 days of receiving this notice, the landlord can file an eviction case in court.

Key Official Forms and Where to Get Them

• 5-Day Notice (Demand for Rent)
  • Form Name: 5-Day Notice to Pay Rent or Quit
  • When Used: Landlords use this form to notify tenants of unpaid rent and give 5 days to pay the full amount or move out.
  • How It's Delivered: Usually delivered in person, posted on your door, or sent by certified mail.
  • Official Source: Illinois Courts - Approved Eviction Forms
• Summons and Eviction Complaint
  • When landlords file for eviction, they submit these forms to the local circuit court. You'll receive copies if your landlord starts the legal process.
  • Find details and sample forms at the Illinois Courts Eviction Forms page.

What Should Renters Do If They Can Only Pay Part of the Rent?

If you find yourself unable to pay the full rent:

• Communicate directly with your landlord as soon as possible—get any arrangements in writing.
• Offer your partial payment and ask for a written receipt that explicitly says they will not evict if you pay the remainder by a certain date.
• Keep records of all payments and communication.
• If the landlord still serves a 5-Day Notice, act promptly. You have 5 days from receiving the notice to pay the full amount owed.
• If you cannot pay, seek free legal help or ask the court for more time if a case is filed against you.

Remember, written agreements protect you—verbal promises are hard to enforce in court.

Your Rights in the Eviction Court Process

If your landlord files an eviction, you'll receive a court summons. Renters in Illinois have the right to:

• Attend your eviction court date and present your case.
• Show evidence of payments made or any written agreements with the landlord.
• Ask the court for more time (called a "Stay of Eviction") under some circumstances.

The state agency that oversees landlord-tenant law is your local Circuit Court. For Chicago renters, see the City of Chicago Renter Resources. For all of Illinois, official eviction rules and tenant/landlord information are managed by the Illinois Circuit Courts.

Understanding the Law: Illinois Forcible Entry and Detainer Act

The main law covering eviction and partial rent issues in Illinois is the Illinois Forcible Entry and Detainer Act. This law covers notice requirements, court procedures, and tenant rights throughout the eviction process.^[1]

1. Can my landlord evict me if I make a partial rent payment?
   Yes. Unless you have a written agreement stating otherwise, your landlord can accept a partial payment and still proceed with an eviction for the remaining amount owed.
2. What should I do if I receive a 5-Day Notice after making a partial payment?
   Pay the remaining balance within 5 days if possible, or contact a legal aid service for help. Keep proof of your payments and all communications.
3. Does my landlord have to accept a partial rent payment?
   No. Landlords are not required to accept partial payments. They can demand full rent or start eviction if you have not paid in full by the due date.
4. Will a partial rent payment stop an eviction in Illinois?
   No. A partial payment may not stop eviction proceedings unless you have a written agreement that the landlord will accept it as full payment for that month.
5. Can I go to court if I think my landlord is wrongly evicting me after a partial payment?
   Yes. Attend your court hearing, bring any written agreements, receipts, and proof of payment. You have the right to present your case.

Need Help? Resources for Renters

• Illinois Legal Aid Online: Free information and legal help for Illinois renters facing eviction.
• Official Illinois Court Eviction Forms: Approved court forms for defending your eviction case.
• Illinois Department of Human Rights: Housing discrimination complaints and tenant support.
• City of Chicago Renter Resources: For renters in Chicago city limits.
• Find your Illinois Circuit Court: For local court contact information.

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1. Illinois Forcible Entry and Detainer Act (735 ILCS 5/9-101 et seq.).
2. Illinois Supreme Court - Approved Eviction Forms.

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