Understanding Eviction Notices: Landlord Must Terminate Lease
A landlord must serve (or give) the tenant a written eviction notice before starting an eviction case in court.
10-Notice (Non-payment of Rent)
If the tenant does not pay rent on time, the landlord can give a 10-day notice. If the tenant pays within the 10 days, the landlord must take the money. If the tenant does not pay the rent within those 10 days, the landlord can file an eviction case in court.
If there are only two units and the landlord lives in the other, the landlord may give a 48-hour notice for non-payment of rent. Then, the tenant only has 48 hours to pay the rent before the landlord can file an eviction case.
30-Day Notice (Lease Violation)
If the tenant breaks a rule in the lease, the landlord can give a 30-day notice. It must say the rules the tenant broke. If the tenant cures the breach within the 30 days, then the landlord cannot file an eviction.
Non-renewal of Lease
A landlord does not need to give a reason to not renew a lease. The notice must include:
- Date of notice,
- Address of property and unit number (if any), and
- Date lease will end (must be last day of lease period, so if rent is due on the 1st, the lease must end on the last day of the month).
- If the Evanston Residential Landlord and Tenant Regulations apply, then the landlord must give a 30-day notice of nonrenewal.
- If the Evanston Residential Landlord and Tenant Regulations do not apply, then general Illinois law applies:
- If a tenant has a fixed lease term, then the landlord does not need to give a tenant a notice of nonrenewal.
- If a tenant has a month-to-month lease, then the landlord needs to give a tenant a 30-day notice.
If the landlord accepts rent from the tenant after the time period outlined in the non-renewal notice expires, the landlord must serve a new notice to end the lease.
NOTE: The eviction notice only needs to include the information above. The notice does not need to be notarized and can look like a letter from the landlord's attorney. It does not need to be delivered by a Sheriff. To learn more about how the notice should be served, click here.
Before filing an eviction, the landlord needs to follow the proper process of giving you a written eviction notice to terminate the tenancy. If the tenant did not receive an eviction notice or the landlord did not serve it the right way, then the tenant may have an eviction defense.
The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney