House & Apartment
Worried about doing this on your own? You may be able to get free legal help.
AddToAny buttons
Is a written eviction notice required before filing an eviction case for a lease violation or criminal activity?
Yes, all Illinois housing providers must serve a written eviction notice before filing an eviction case for:
- Conduct that violated a rule in the lease, or
- Criminal activity.
Private landlords can use our Evict a tenant Easy Form to help prepare written eviction notices for lease violations. Learn more about how a written eviction notice can be delivered.
A written eviction notice for a lease violation or criminal activity must state:
- Whether the tenant is allowed to fix (“cure”) the problem, and
- When the notice period ends.
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.
Lease violations and criminal activity are handled differently from unpaid rent.
Does a tenant have to move out after receiving an eviction notice for a lease violation or criminal activity?
No, tenants have at least 10 days to address the issue.
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. Longer periods can be provided by:
- A written rental agreement, or
- The landlord's decision to allow more 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.
For situations that cannot be fixed during the notice period, tenants can try Negotiating a move-out agreement without going to court.
If the landlord files an eviction case for a lease violation or criminal activity, tenants can:
- Ask the judge to dismiss the court case, due to problems with the eviction notice, such as how it was filled out or served,
- Raise other defenses in the court case (learn more in Common eviction defenses),
- Work out an agreement with the landlord in the court case,
- Make the landlord prove the case at trial, or
- Wait for the judge to enter an order allowing the sheriff to evict the tenant.
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.
If the problem is that the tenant allegedly violated a lease condition, such as having a pet in an apartment that does not allow pets, the lease violation notice must specify which portion of the lease was violated.
When a written eviction notice for a lease violation is not specific, and the landlord files an eviction case based on the notice, the tenant can ask the judge to dismiss the case.
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.
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 at (855) 631-0811, or
- Cook County Legal Aid for Housing and Debt in Cook County at (855) 956-5763.
How do crime-free ordinances impact domestic violence survivors?
Illinois law prevents municipalities and counties from penalizing tenants and landlords who contact police about:
- A domestic violence or disability issue, or
- An incident related to sexual or domestic violence.
Evanston also specifically prohibits lease terms restricting or penalizing tenants for contacting law enforcement or emergency services.
However, some 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 called emergency services about crimes involving domestic violence, sometimes because reports were incorrectly labeled.
When safety is a concern in shared living situations, including roommates, romantic partners, and adult family members who are part of the same household, contact:
- The Illinois Domestic Violence Hotline at (877) 863-6338, or
- The National Domestic Violence Hotline at (800) 799-7233.
Talk to a lawyer immediately if an eviction notice for a lease violation or criminal activity involved domestic violence. Use Get Legal Help or contact:
- Eviction Help Illinois statewide at (855) 631-0811, or
- Cook County Legal Aid for Housing and Debt in Cook County at (855) 956-5763.
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.
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.
Who can help me figure out questions about eviction?
For help with legal questions about eviction, use Get Legal Help or contact:
- Eviction Help Illinois statewide at (855) 631-0811, or
- Cook County Legal Aid for Housing and Debt in Cook County at (855) 956-5763.
When safety is a concern in shared living situations, including roommates, romantic partners, and adult family members who are part of the same household, contact:
- The Illinois Domestic Violence Hotline at (877) 863-6338, or
- The National Domestic Violence Hotline at (800) 799-7233.
Learn more about Protection from abuse.
Worried about doing this on your own? You may be able to get free legal help.