Understanding Eviction Defenses: Landlord Waives the Right to Terminate the Lease

A tenant can use a defense (legal reason) to ask the judge to throw out an eviction case. In this article, we'll explore one defense called "waiver."

A landlord has the right to terminate the lease if the tenant does not pay rent or violates the lease. To start the eviction process, the landlord needs to give the proper eviction notice (10-day notice or 30-day notice). When the time in the period ends and the tenant did not cure by paying the amount owed or fixing the lease violation, the landlord may file an eviction. The notice for the violation is the basis for the eviction.

However, a landlord might "waive" or give up their right to file an eviction in the following cases:

• If the landlord accepts rent after knowing that the tenant is in violation; AND
• Both landlord and tenant sign and confirm in writing that the landlord waived their right to terminate the lease.

Section 23.1807(D) of the Mount Prospect Landlord and Tenant Regulations.

If a landlord files a case after they waived their right, the and did not terminate the lease again with a new eviction notice, then the tenant has an eviction defense.

When a landlord waives their right but then gives a new eviction notice, then the tenant does not have an eviction defense.