Elmwood Park, Ill., Mun. Code ch. 41B § 41B-11
Landlord Remedies (Elmwood Park Rental Residential Property Ordinance)
Operative Text
[ Ord. No. 2011-14 , 6-6-2011 ; amended 7-12-2021 by Ord. No. 2021-45 ] (a) Breach of Residential Rental Agreement: (1) If rent is unpaid when due and the tenant fails to pay the unpaid rent within five days after notice by the landlord of the intention to terminate the residential rental agreement if the rent is not so paid, the landlord may terminate the residential rental agreement or he may accept a payment made more than five days after such notice, in which case he shall be entitled to collect a late payment fee in an amount not to exceed 5% of the monthly rental amount. (2) If there is a material noncompliance by the tenant with the residential rental agreement or with the provisions of this chapter, other than nonpayment of rent, the landlord may give notice to the tenant specifying the acts and omissions constituting the breach and that the residential rental agreement will terminate upon a date not less than 10 days after receipt of the notice, unless the breach is remedied by the tenant within the ten-day period, or as promptly as conditions permit in case of an emergency. (3) In the alternative, if there is material noncompliance by the tenant with the provisions of this chapter, the landlord may enter the dwelling unit and have the work done in a workmanlike manner and submit a receipted bill from an appropriate tradesman for the cost thereof as rent, on the next day when rent is due, or if the residential rental agreement has terminated, for immediate payment, provided that the landlord has fulfilled his affirmative obligations under the provisions of this chapter. (4) If the residential rental agreement is terminated, the landlord shall have a claim for possession and for rent and a separate claim for injunctive relief, his actual damages for breach of the residential rental agreement or the tenant's noncompliance with the provisions of this chapter, and his costs and fees, as hereinafter provided. If the tenant's noncompliance is willful, the landlord may recover such additional costs and fees as a court shall determine to award. (b) Abandonment of Rental Unit, Sublease: (1) For purposes of this section, "abandonment of the rental unit" shall mean that the tenant has vacated the premises, or has been absent therefrom for 10 or more consecutive days without advising the landlord of such absence or intent to return, and that his rent is in default and that notice by the landlord to terminate the rental agreement, as provided in Subsection (a) of this section, has expired. (2) If the tenant abandons the rental unit, the landlord shall: (A) Terminate the lease and proceed with his remedies as set forth in this chapter; or (B) Make a good faith effort to rent it at the rent specified in the tenant's residential rental agreement or at an amount equal to the prevailing rent for similar units within the same multifamily rental structure. This shall include the acceptance of reasonable subleases. If the landlord succeeds in renting the rental unit at a fair rental, the tenant shall be liable for the amount by which the rent due from the date of abandonment to the termination of the initial residential rental agreement exceeds the fair rental subsequently received by the landlord, from the date of abandonment to the termination of the initial residential rental agreement. If the landlord makes a good faith effort to rent the rental unit at a fair rental and is unsuccessful, the tenant shall be liable for the rent due for the period of the residential rental agreement. In either event, the tenant shall be liable for the advertising expenses and reasonable redecoration costs incurred by the landlord in rerenting the rental unit. (c) Disposition of Abandoned Property: Where, following termination of the residential rental agreement (other than by order of a court), the tenant surrenders or vacates the rental unit or abandons the same leaving behind items of his personal property, such personal property may be considered by the landlord to be abandoned personal property, and the landlord may dispose of the same in such manner as he determines. In the event the landlord sells the property, the sale proceeds shall be credited against any rent or other sums due to the landlord by the tenant, in accordance with the residential rental agreement and this chapter. (d) Waiver of Right to Terminate: Acceptance of rent with knowledge of a default by the tenant, or acceptance of performance by the tenant that varies from the terms of the residential rental agreement or rules or regulations subsequently adopted by the landlord, must be confirmed in writing and signed by both parties, and only then constitutes a waiver of the landlord's right to terminate the rental agreement for that breach.
Elmwood Park, Ill., Mun. Code ch. 41B § 41B-11 sets out the remedies available to landlords when a tenant breaches a residential rental agreement. Depending on the nature of the breach—unpaid rent, other material noncompliance, or abandonment—the landlord may terminate the lease, pursue possession and damages in court, or in some cases perform corrective work and bill the cost as rent. The provision also addresses how abandoned personal property may be handled and clarifies that a landlord who accepts rent after a known default does not automatically waive the right to terminate unless both parties confirm the waiver in writing.
Plain English — not legal advice.
Under § 41B-11, compliant operators in Elmwood Park generally follow specific notice timelines before acting on a breach: a five-day notice for unpaid rent and a ten-day notice for other material noncompliance. When a tenant abandons the unit, landlords are expected to make a good-faith effort to re-rent at a fair market rate and to accept reasonable subleases, which limits the damages they can later claim. Operators also take care to document any acceptance of late or varied performance in a signed written agreement, since oral or informal acceptance of a default does not preserve termination rights under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 41B-11 of the Elmwood Park Municipal Code outlines the circumstances under which a landlord may terminate a lease, seek possession, or pursue damages—but it also creates obligations on the landlord's side, such as the duty to mitigate by re-renting an abandoned unit. Tenants should be aware that a landlord's acceptance of rent after a known default does not automatically waive termination rights unless confirmed in a signed writing by both parties. Tenants who believe a landlord has not fulfilled the affirmative obligations required by this chapter, or who have questions about a notice they have received, may wish to consult a local tenant-rights organization or legal aid provider for general information about their options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 8, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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