Understanding Eviction Notices: Lease Violation Notice in Evanston

If a tenant breaks the rules in the rental agreement, the landlord may give an eviction notice, even if the tenant has been paying rent on time. The type of notice and the time to fix the problem depend on whether the tenant is protected by the Evanston Residential Landlord and Tenant Ordinance (RLTO) or covered only by general Illinois law.

What happens if you violate the lease?

If the Evanston RLTO protects you:

• The landlord must give a 30-day notice. Section 5-3-6-1(A) of the Evanston RLTO. This notice allows the tenant to fix the problem within 30 days.
• If you fix the problem within 30 days, the violation is "cured," and the lease will not end.
• If the violation involves criminal conduct, there's no right to fix it. The landlord can file an eviction.

If the Evanston RLTO does not cover you:

• The landlord only needs to give a 10-day notice under Illinois law. 735 ILCS § 5/9-210.
• This notice doesn't allow you to fix the problem.
• If you don't move out within 10 days, then the landlord can file an eviction with the court. 

What are common lease rules tenants need to follow?

• Follow the Law: Obey all rules and laws that apply to their rental unit.
• Keep Things Safe: Maintain the part of the property they use in a condition that is as safe as possible.
• Dispose of Trash Properly: Throw away all garbage, ashes, and waste in a clean and safe way.
• Clean Plumbing Fixtures: Keep sinks, toilets, and other plumbing fixtures as clean as they can.
• Use Appliances Carefully: Use electrical, plumbing, heating, cooling, and other facilities (including elevators) responsibly.
• Avoid Damage: Do not damage, destroy, or remove any part of the property, either on purpose or by accident. Do not allow others to do so either.
• Respect Neighbors: Act in a way that does not disturb your neighbors and make sure your guests do the same.
• Avoid Illegal Activities: Do not engage in or allow illegal activities such as selling drugs, prostitution, gambling, or anything else against the law on the property.

What must be included in a lease violation eviction notice?

• Date of notice,
• Address of property and unit number (if any),
• Date lease will end (after the date of notice), and
• The rule in the lease that was broken.

What can you do if you get an eviction notice?

If you don't agree with the violation: 

The tenant should consider sending a written notice to the landlord to dispute and explain the circumstances. Silence could be seen as agreement, so it's best practice to respond in writing.

If you fix the problem (Evanston RLTO tenants only):

The tenant should consider sending a written notice to the landlord to confirm that the violation was fixed. Request a time for the landlord to inspect and verify.

Here's an example of a cure letter: 

“Dear Landlord: I am the tenant at Address. I am writing to you about your 30-day notice. You notified me of the following lease violations: Violation. Under Section 5-3-6-1(A)(1) of the Evanston Residential Landlord and Tenant Ordinance, the lease will not terminate 30 days after I receive a notice if the breach is remedied within that period. By this letter, I am notifying you that I remedied the alleged breach within 30 days after receipt of the notice. The violation that you reference in the 30-day notice has been removed from the premises. 

Please take the soonest opportunity to verify that the alleged breach has been remedied by inspecting the premises at a reasonable time and upon reasonable notice to me. Accordingly, because I remedied the alleged breach within the 30-day period, my rental agreement for the property has not been terminated and no eviction lawsuit may be filed based on your 30-day notice. Thank you for your attention to this matter.

Be advised that Section 5-3-9 prohibits you from retaliating against me for exercising my rights and remedies provided under the law. This includes (but is not limited to) terminating my tenancy, increasing rent, decreasing services, or threatening to bring an eviction lawsuit, or refusing to renew my lease. Any such action within 1 year is presumed to be retaliatory and would entitle me to two times rent or twice the actual damages, plus my reasonable attorneys’ fees.”