When it appears, by affidavit filed in the court where such proceeding is pending, that the defendant is a nonresident or has departed from this state, or on due inquiry cannot be found, or is concealed within this state, and the affiant states the place of residence of the defendant, if known, and if not known, that upon diligent inquiry he or she has not been able to ascertain the same, notice may be given as in attachment cases.
9-304.Notice to non-residents.
Article IX. Eviction · Part 3. Distress for Rent · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 9-304 lets a landlord give notice as in attachment cases when an affidavit shows the tenant is a nonresident, has left the state, cannot be found after diligent inquiry, or is concealed within Illinois.
Full Text of 735 ILCS 5/9-304
Plain-English Summary
A distress action cannot move forward on ordinary service alone if the tenant is not around to be served. Section 9-304 fills that gap by borrowing the notice procedure used in attachment cases. It applies when an affidavit filed with the court shows one of several things: the defendant is a nonresident of Illinois, has departed from the state, cannot be found despite due inquiry, or is concealed within the state.
The affidavit must do more than assert the defendant is unreachable — it must state the defendant's place of residence if the affiant knows it, and if not, it must state that the affiant has made diligent inquiry and still could not find out. That requirement pushes the landlord to make a real effort to locate the tenant before resorting to substitute notice.
Once the affidavit establishes one of these grounds, notice may proceed as in attachment cases — the publication-based notice procedure Article IV uses when a defendant cannot be reached by ordinary summons. Section 9-309 later explains what happens when a case proceeds this way and the tenant still does not appear: the resulting default judgment can only be enforced against the property already distrained, not the tenant's other assets.
Frequently Asked Questions
When can a landlord use substitute notice instead of ordinary service in a distress case?
When an affidavit filed with the court shows the tenant is a nonresident, has left Illinois, cannot be found after due inquiry, or is concealed within the state.
What must the affidavit say about the tenant's residence?
It must state the tenant's place of residence if known to the affiant, and if not known, it must state that the affiant made diligent inquiry and still could not determine it.
What kind of notice is given once the affidavit is filed?
Notice may be given as in attachment cases, meaning the publication-based notice procedure used under Illinois's attachment statute.
Does notice under Section 9-304 let a landlord reach the tenant's property beyond what was seized?
No. Section 9-309 limits a default judgment obtained after this kind of notice to enforcement against the property already distrained, not against the tenant's other property.
What if the landlord does not know where the tenant lives at all?
The affidavit can still support notice under this section, so long as it states that the affiant made diligent inquiry and was unable to ascertain the tenant's residence.
Amendment History
(Source: P.A. 82-280.)
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
Also known as: notice to nonresident tenant Illinois distresstenant cannot be found distress warrant9-304 Illinoispublication notice attachment case Illinoisconcealed defendant distress for rent