Cal. Civ. Code § 9-104
Demand - Notice - Return. 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
Operative Text
Demand - Notice - Return. 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.
Under 735 Ill. Comp. Stat. 5 § 9-104, Illinois law establishes the acceptable methods for delivering a formal demand for possession to a tenant before an eviction proceeding can move forward. The demand can be handed directly to the tenant, left with a person aged 13 or older at the premises, or posted on the property if no one is present. Special rules apply when occupants are unknown and not party to any written agreement, allowing notice directed to 'unknown occupants' to be delivered, left with a qualifying person, or posted. The evidentiary weight of the demand depends on whether it was served by an authorized process officer or a private individual, with sworn returns serving as prima facie evidence in either case.
Plain English — not legal advice.
Property owners and managers initiating an eviction in Illinois must follow the service methods outlined in 735 Ill. Comp. Stat. 5 § 9-104 to ensure the demand for possession is legally valid. A compliant operator generally attempts personal delivery first, then leaves the notice with a resident aged 13 or older, and resorts to posting only when the premises are unoccupied. When occupants are unknown and hold no written agreement, the demand is directed to 'unknown occupants' and served by one of the same methods. The demand must be signed by the landlord, an agent, or an attorney, and operators typically retain documentation — such as a sworn return — to establish proof of proper service.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in Illinois have a right to receive a properly served demand for possession before an eviction case can proceed, as governed by 735 Ill. Comp. Stat. 5 § 9-104. If a demand was not delivered through one of the methods the statute recognizes — personal delivery, leaving it with a qualifying person, or posting — that defect in service may be raised as a procedural issue in an eviction proceeding. Tenants who believe the demand was improperly served can document the circumstances and explore options such as raising the issue as a defense in court or consulting a tenant-rights organization familiar with Illinois eviction procedure.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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