9-104.Demand - Notice - Return.

Article IX. Eviction · Part 1. In General · Last amended 2002 · Last verified July 20, 2026

In one sentenceSection 9-104 sets the ways to serve the demand for possession that Section 9-102 requires -- personal delivery, leaving it with someone old enough at the property, posting, or addressing it to 'unknown occupants' -- and supplies the demand's statutory form.

Full Text of 735 ILCS 5/9-104

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The demand required by Section 9-102 of this Act may be made by delivering a copy thereof to the tenant, or by leaving such a copy with some person of the age of 13 years or upwards, residing on, or being in charge of, the premises; or in case no one is in the actual possession of the premises, then by posting the same on the premises; or if those in possession are unknown occupants who are not parties to any written lease, rental agreement, or right to possession agreement for the premises, then by delivering a copy of the notice, directed to "unknown occupants", to the occupant or by leaving a copy of the notice with some person of the age of 13 years or upwards occupying the premises, or by posting a copy of the notice on the premises directed to "unknown occupants". When such demand is made by an officer authorized to serve process, his or her return is prima facie evidence of the facts therein stated, and if such demand is made by any person not an officer, the return may be sworn to by the person serving the same, and is then prima facie evidence of the facts therein stated. The demand for possession may be in the following form:

To .... I hereby demand immediate possession of the following described premises: (describing the same.) The demand shall be signed by the person claiming such possession, his or her agent, or attorney.

End

Plain-English Summary

The demand can reach a tenant in several ways: personal delivery to the tenant; leaving a copy with someone 13 or older who resides on, or is in charge of, the premises; posting the demand on the premises if no one is in actual possession; or, where the occupants are unknown and aren't parties to any written lease, rental agreement, or right-to-possession agreement, delivering, leaving, or posting a copy addressed to 'unknown occupants.'

How the demand was served matters later. An officer authorized to serve process gets a return that's prima facie evidence of what it states on its own. A demand served by anyone else gets that same prima facie status only if the server swears to the return.

The section also supplies the demand's statutory form: a plain demand for immediate possession of the described premises, signed by the person claiming possession, an agent, or an attorney. This is the general demand referenced throughout the Article, distinct from the more detailed demand Section 9-104.1 requires for condominium and contract purchasers.

Frequently Asked Questions

How can a landlord legally deliver a demand for possession in Illinois?

By personal delivery to the tenant, by leaving a copy with someone 13 or older who resides on or is in charge of the premises, or by posting a copy if no one is in actual possession.

What if the landlord doesn't know who's currently living in the unit?

The demand can be delivered, left, or posted addressed to 'unknown occupants,' as long as those occupants aren't parties to a written lease, rental agreement, or right-of-possession agreement.

Does the demand have to follow a specific format?

Yes -- the section provides a statutory form: a demand for immediate possession of the described premises, signed by the person claiming possession, an agent, or an attorney.

Is a sheriff's proof of service treated differently than a private process server's?

Yes. An officer's return is prima facie evidence of the facts it states on its own; a non-officer's return needs to be sworn to reach that same status.

Does this section set how many days' notice a tenant gets before an eviction case is filed?

No, it governs how the demand is delivered and its form, not how long it must give -- that depends on which ground under Section 9-102 applies and on more specific demand provisions like Section 9-104.1.

Amendment History

(Source: P.A. 92-823, eff. 8-21-02.)

Source & verification. Section text and amendment history are reproduced verbatim from the Illinois Compiled Statutes, published by the Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026. · Official source

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