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https://www.illinoislegalaid.org/legal-information/addressing-lease-violations
Date: 11/04/2025

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Addressing lease violations FAQ

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What is a written eviction notice for a lease violation?
How can a lease violation eviction notice be served?
Does a tenant have to move out after receiving an eviction notice for a lease violation or criminal activity?
Does serving an eviction notice mean the tenant has been evicted?
Does a landlord have to use a written eviction notice to tell the tenant about a lease violation?
How detailed must a written eviction notice for a lease violation be?
What are crime-free ordinances?
Do crime-free ordinances require a landlord to serve written eviction notices?
Can crime-free ordinances lead to eviction of tenants who contact law enforcement or emergency services?
Are survivors of domestic violence protected against being served with written eviction notices for lease violations?
Can a private housing provider restrict guests?
Can a public housing provider restrict guests?
Where can I find a form for an eviction notice for a lease violation or criminal activity?

What is a written eviction notice for a lease violation?

A written eviction notice for a lease violation explains that the tenant’s conduct violated a lease rule or involved criminal activity. It does not include any disputes about unpaid rent. Learn about written eviction notices for nonpayment in Dealing with unpaid rent.

The notice must state:

  • Whether the tenant is allowed to fix (“cure”) the problem, and
  • When the notice period ends.

The notice period must be at least 10 days. In Evanston, tenants must be given 30 days’ notice for lease violations.

In Chicago and suburban Cook County, the housing provider must allow tenants to “cure” or correct a lease violation. This does not apply to criminal activity.

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How can a lease violation eviction notice be served?

A written eviction notice for a lease violation must be served by:

  • Handing the notice to the tenant or subtenant (learn how to do Personal service of a written eviction notice),
  • Giving the notice to a person over 13 who lives in the unit (learn how to do Substitute service of a written eviction notice), or
  • Sending the notice by certified or registered mail with return receipt requested (learn how to Mail an eviction notice).

Posting does not usually apply to lease violations. Lease violation notices must be addressed to a person who has a written (oral) or spoken agreement to stay in the property. 

If the agreement to stay is between the person living in the unit and the landlord, the person is a tenant. If the agreement is between the person staying in the property and a tenant, the person is a subtenant.

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Does a tenant have to move out after receiving an eviction notice for a lease violation or criminal activity?

Lease violation notices are sometimes called 10-day notices. A statewide law gives tenants at least 10 days to fix the problem (if allowed) or move out. In Evanston, tenants must be given 30 days’ notice for lease violations. Leases can provide longer amounts of time.

In Chicago and suburban Cook County, the housing provider must allow tenants to “cure” or correct a lease violation. This does not apply to criminal activity.

When lease violations cannot be resolved and the tenant stays after the notice deadline, the landlord may file an eviction case based on the problem. The tenant can challenge the lease violation notice in court.

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Does serving an eviction notice mean the tenant has been evicted?

No. Serving a written eviction notice for a lease violation or criminal activity does not mean the tenant has been evicted.

Only the sheriff can evict tenants in Illinois. The sheriff must have a judge’s order allowing the eviction.

To get an eviction order for a lease violation or criminal activity, the landlord must:

  • Serve a written eviction notice,
  • Wait the required amount of time,
  • File an eviction case, and
  • Ask the judge to enter an eviction order.

If the judge enters an eviction order, the housing provider must schedule the eviction with the sheriff.

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Does a landlord have to use a written eviction notice to tell the tenant about a lease violation?

A lease violation notice must be provided if a landlord is considering filing an eviction case related to the problem. 

Landlords can also choose to notify tenants in another way if they do not want to have the legal right to file an eviction case.

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How detailed must a written eviction notice for a lease violation be?

Lease violation notices must be very clear about the behavior or conditions at issue. For example, a lease violation notice that says “noise” is insufficient. Describing “loud music coming from the apartment at 3:30 a.m. on March 4, 2025” is better. A judge may decide whether the statement was clear enough if an eviction case is filed based on the notice.

If the problem is that the tenant allegedly broke a lease condition, like having pets when the written rental agreement states there are no pets, the lease violation notice must specify what portion of the lease agreement was broken.

When a written eviction notice for a lease violation is not specific, the tenant may be able to have an eviction case dismissed based on the lease violation.

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What are crime-free ordinances?

Some municipalities and counties have crime-free or nuisance ordinances that control how landlords and tenants address problems. These ordinances may require landlords to:

  • Obtain a business license to rent their property,
  • Perform background checks on tenants,
  • Include a “crime-free lease agreement” in leases,
  • Evict the entire household if criminal activity occurs, and
  • Evict tenants after a certain number of police calls.

A crime-free lease agreement may allow a landlord to evict all tenants for a single incident. Landlords who fail to comply with a crime-free ordinance may be fined or forced to stop renting their property. 

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Do crime-free ordinances require a landlord to serve written eviction notices?

Only the landlord is notified of a crime-free ordinance violation. 

The landlord then usually asks the tenant to "abate" the violation by moving out. A tenant does not need to move out when asked. If the landlord plans to ask a judge to evict the tenant, written notice is required before the landlord can file a court case.

Seek legal guidance when a crime-free ordinance is involved in a lease violation. To find a lawyer, use Get Legal Help or contact:

  • Eviction Help Illinois statewide, or
  • Cook County Legal Aid for Housing and Debt in Cook County.
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Can crime-free ordinances lead to eviction of tenants who contact law enforcement or emergency services?

Illinois law prevents municipalities and counties from penalizing tenants and landlords who contact police for:

  • A domestic violence or disability issue, or
  • An incident related to sexual or domestic violence.

Evanston also specifically prohibits lease terms restricting or penaliing tenants for contacting law enforcement or emergency services.

However, in some cities in Illinois, crime-free ordinances require landlords to evict tenants who have contacted police a certain number of times. This has happened even to tenants who reported crimes.

Tenants at risk of eviction due to a crime-free ordinance should talk to a lawyer immediately to find out their options. Use Get Legal Help or contact:

  • Eviction Help Illinois statewide, or
  • Cook County Legal Aid for Housing and Debt in Cook County.
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Are survivors of domestic violence protected against being served with written eviction notices for lease violations?

If the issue involves a crime-free ordinance, state law prevents municipalities and counties from penalizing tenants and landlords who contact police for:

  • A domestic violence or disability issue, or
  • An incident related to sexual or domestic violence.

Evanston also specifically prohibits lease terms restricting or penaliing tenants for contacting law enforcement or emergency services.

Learn more about housing protections for survivors of domestic violence.

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Can a private housing provider restrict guests?

Private housing providers can restrict guests if the restriction is:

  • Written down in a lease, and
  • Reasonable.

What is considered a reasonable restriction depends on the type of housing. In Illinois, private landlords may also bar disorderly guests from entering the building even if a tenant has invited them.

Examples of reasonable restrictions in private housing include:

  • A tenant may not have more than one overnight guest at a time,
  • A tenant may not have an overnight guest more than twice in one week, or
  • Guests may only stay for up to two weeks.

If a tenant violates guest restrictions, the landlord may ask the guest to leave or issue a written eviction notice for the lease violation.

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Can a public housing provider restrict guests?

Yes. However, federal and Illinois law protect public housing tenants from excessive guest restrictions. 

Under HUD regulations, restrictions must be:

  • Reasonable,
  • Related to health, safety, or occupancy standards, and
  • Non-discriminatory. 

Public housing providers may also impose time limit restrictions on guests:

  • Tenants may host guests for up to 30 calendar days per year,
  • Each visit may not exceed two consecutive weeks, and
  • Extended visits require written approval from management.

In Illinois, public housing providers, including the Chicago Housing Authority (CHA), also cannot impose unreasonable restrictions or restrictions solely based on a guest’s criminal history. 

Examples of unreasonable restrictions include:

  • Requiring residents to register and obtain prior permission for overnight visitors,
  • Barring a particular guest without a legitimate reason, or
  • Forbidding guests under a certain age.

Public housing providers may restrict guests who threaten the health, safety, or peace of the premises, including individuals involved in criminal activity. Some housing authorities maintain a ban list to track prohibited guests, although Illinois law is unclear on whether these lists are fully enforceable. 

If a tenant in public housing violates guest restrictions, the housing provider may ask the guest to leave the unit or issue a notice for lease violation. Public housing providers can only terminate the lease for serious or repeated violations of material terms of the lease.

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Where can I find a form for an eviction notice for a lease violation or criminal activity?

The Illinois Supreme Court provides a statewide form for Notice of Termination for Lease Violation. Our Evict a tenant Easy Form program includes this notice.

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Last full review by a subject matter expert
November 03, 2025
Last revised by staff
November 03, 2025

About our legal information

Forms

Sample Illinois lease Blank form
A sample lease for tenants and landlords that you can use to create your own version.

Learn more

Fighting eviction from public housing
Common eviction defenses

Worried about doing this on your own?  You may be able to get free legal help.

Apply Online

Forms

Sample Illinois lease Blank form
A sample lease for tenants and landlords that you can use to create your own version.

Learn more

Fighting eviction from public housing
Common eviction defenses
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ILAO is a registered 501(c)(3) nonprofit organization. ILAO's tax identification number is 20-2917133.