Eviction Basics for Landlords Part II: The 10 Day Eviction Notice Illinois
Eviction Basics for Landlords Part II: The 10-Day Eviction Notice Illinois
(This is the second in a three-part series for landlords about the legal obligations of evictions.)
By Michael DeSantis
Next to not paying the rent, the most common reason landlords evict tenants with a 10 day eviction notice Illinois is because the tenant is breaking the rules of the lease agreement for some reason or another. An eviction for breaking the lease is called a 10 day eviction because the landlord must give the tenant 10 days to vacate the premises.
Lease agreements are pretty standard, as are the violations that usually lead to eviction. Many sources cite the top three reasons for a 10 day eviction as:
• Keeping pets, especially noisy or particularly odorous ones, when they are clearly not allowed, or the tenant is not paying the extra fee for them.
• Letting guests overstay, when they are not on the lease. This can also infringe upon the legal occupancy of the residence.
• Property damages, especially when they are recurring, or as a result of rowdy parties or activities held in the residence.
Another less common, but growing reason for a 10 day eviction notice Illinois is operating a home-based business out of the apartment. Activities like continuously hosting clients, shipping and receiving activity or transforming part of the rental unit into production space are usually not allowed in a standard lease agreement.
When a tenant is in violation of the lease, it is completely up to the landlord to determine if and when a termination notice should be served.
How do I properly initiate an eviction? You must deliver an official, clearly labelled eviction notice (or notice to quit) that explains to your tenant the nature of the eviction. Make sure you do the following in your 10-day notice:
• Address it to the tenants in possession and all unknown occupants.
• Label the notice clearly so it does not confuse the tenant.
• Include information in the first full paragraph which includes a description of the violation in detail.
• Provide the statutorily required number of days in your notice before the tenancy will be terminated. (10)
1. What should the eviction notice say? The eviction notice is known in the courts as a “notice to quit”. The actual text of the Illinois Forcible Entry and Detainer Statute (FED) Sec. 9-210 states:
Notice to quit. When default is made in any of the terms of the lease, it is not necessary to give more than 10 days’ notice to quit, or of the termination of such tenancy, and the same may be terminated on giving such notice to quit at any time after such default in any of the terms of such lease. Such notice may be substantially in the following form:
“To A.B.: You are hereby notified that in consequence of your default in (here insert the character of the default) of the premises now occupied by you, being, etc., (here describe the premises) I have elected to terminate your lease, and you are hereby notified to quit and deliver up possession of the same to me within 10 days of this date (dated, etc.).”
The notice is to be signed by the lessor or his or her agent, and no other notice or demand of possession or termination of such tenancy is necessary. Remember to date, sign and notarize the notice so that failure to do so cannot be used against you in court.
2. How do I deliver the notice? According to the Illinois FED, you may either serve the tenant the notice in person or to a resident above the age of 13, or by mail with a return receipt signed by the tenant. Again, it is crucial that delivery is made correctly or it could be used against you in court.
3. If the tenant cures the problem, do I have to let them stay? There is nothing on the statute that obligates the landlord to keep the tenant after they have broken the lease, even if they have remedied the problem. In most cases in Illinois, the default cannot be cured by ceasing the offending conduct/curing the breach. However, there are exceptions in Chicago and Evanston. Those ordinances state that this type of notice will terminate the tenancy unless the breach is remedied within the period in question. Chicago RLTO §5-12-130(b)/ Evanston RLTO §5-3-6-1(A).
4. What should I do if the tenant does not comply? If the tenant does not comply, you have the right to sue for damages under the RLTO. Alternatively, you can move forward with a Forcible Entry and Detainer action and have a summons issued with the sheriff’s office for the tenant(s) to appear in court.
Unlike the 5-day eviction, where it is clear whether or not the rent is paid, court proceedings for 10 day eviction notice Illinois involve proving the facts of the violation. If the tenant has contrary evidence regarding the violation, this could be problematic for you in court. That is why landlords who plan on pressing 10-day evictions should be prepared to show solid proof of the violation, such as photographic evidence, witnesses, etc.
When it comes to tenants breaking their lease on your property, much of the decision if, how and when to evict is up to you. If and when the time comes, look to Gardi & Haught to ensure that your tenant is held to their agreement. Give us a call at 847-944-9400 or request a free case evaluation below.