Understanding Eviction Notices: Lease Violation Because of a Guest

A landlord can make rules about guests in the lease. They can also ban an individual. So, if the guest or tenant breaks the lease or ban list, then the landlord might start the eviction process. 

Here are some examples of breaking these rules: 

• A guest causes damage to the unit, common areas, or grounds beyond normal wear and tear.
• A guest steals another tenant’s property. 
• A guest harasses another tenant and is banned from returning, but the tenant still lets them come over.
• A guest stays overnight for longer than the lease allows. 

But, a landlord can’t just kick out a tenant for a guest violation. First, the landlord must give the tenant an eviction notice.

The length of the warning depends on whether a tenant is protected by the Evanston Residential Landlord and Tenant Ordinance (RLTO). To check whether you're covered, visit this article.

• If the Evanston RLTO protects the tenant, then the landlord must give a “30-day notice.” Section 5-3-6-1(A)(1) of the Evanston RLTO. This notice allows the tenant to fix the problem within 30 days. If the tenant continues breaking guest policy, then the landlord may file an eviction case. 
• If the Evanston RLTO does not protect the tenant, then the landlord only needs to follow general Illinois law and give a "10-day notice." 735 ILCS § 5/9-210. The landlord does not need to give the tenant any time to correct the violation. If the tenant does not move out of the rental unit within ten days, then the landlord can terminate the tenancy and file an eviction lawsuit with the court 

To read more about what to do if you’ve received an eviction notice for a lease violation, click here.