Understanding Eviction Notices: 10-Day Notice in Oak Park
Content of a 10-Day Notice (Lease Violation)
If the tenant breaks a rule in the lease, the landlord can give a 10-day notice. It must include:
- Date of notice,
- Address of property and unit number (if any),
- Date lease will end (more than 10 days after the date of notice), and
- The rule in the lease that was broken.
Example: A lease says no pets are allowed, and the tenant gets a pet. Once the landlord serves the tenant with the 10-day notice, the tenant would have to move out within 10 days or remove the pet within 10 days.
If a tenant does not agree that the violation occurred at all:
The tenant should consider sending a written notice to the landlord to dispute and explain the circumstances. This way, silence cannot be taken as agreement.
If a tenant has cured the violation:
The tenant should consider sending a written notice to the landlord. That’s because under Section 12-6-9(B)(1) of the Oak Park Residential Tenant and Landlord Ordinance, if the tenant fixes the problem within the 10 days, they can stay in the unit. However, this right does not apply to criminal conduct. If the notice alleges criminal conduct, there is no right to “cure,” or fix, the violation. See below for an example of a cure letter.
“Dear Landlord: I am the tenant at Address. I am writing to you about your 10-day notice. You notified me of the following lease violations: Violation. Under Section 12-6-9(B)(1) of the Oak Park RTLO, the lease will not terminate 10 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 10 days after receipt of the notice. The violation that you reference in the 10-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 10-day period, my rental agreement for the property has not been terminated and no eviction lawsuit may be filed based on your 10-day notice. Thank you for your attention to this matter.
Be advised that Section 42-812 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 actual damages, plus my reasonable attorneys’ fees.”
If the landlord doesn't file an eviction within 30 days after giving the 10-day notice, then the notice is considered "waived" or canceled. The lease is seen as still active. Section 12-6-9(B)(1).
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