Cal. Civ. Code § 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
Operative Text
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.
Under 735 Ill. Comp. Stat. 5 § 9-209, once rent is overdue a landlord may serve a written notice giving the tenant at least five days to pay the full amount owed or face lease termination. If the tenant does not pay in full by the deadline, the landlord may treat the lease as ended and file an eviction or ejectment action without issuing any additional notice. Partial payments made during the notice period do not automatically cancel the notice unless the landlord separately agrees in writing to accept partial payment and continue the lease, but only if the notice itself contains the required warning language about full payment being the sole waiver.
Plain English — not legal advice.
Operators complying with 735 Ill. Comp. Stat. 5 § 9-209 generally serve a written pay-or-quit notice that gives the tenant no fewer than five days to pay all rent owed, and they ensure the notice prominently includes the exact statutory language stating that only full payment waives the right to terminate. Compliant landlords are careful not to accept partial payments without a separate written agreement to continue the lease, because accepting partial payment without that written agreement can affect the validity of the notice. If a tenant still owes rent after the notice period expires, the landlord may file an eviction action and include a rent claim in the same complaint, and collecting past-due rent after filing does not automatically void the suit under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 735 Ill. Comp. Stat. 5 § 9-209, a tenant who receives a written pay-or-quit notice has at least five days to pay the full amount of rent stated in the notice before the landlord may proceed with an eviction filing. Tenants should be aware that making a partial payment during the notice period does not automatically stop the eviction process unless the landlord has agreed in writing to accept that partial payment and keep the lease in effect. Tenants facing a notice under this section may wish to review whether the notice contains the required full-payment warning language, consult a tenant-rights organization, or explore whether any defenses apply in an eviction proceeding.
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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