Evanston, Ill., City Code § 5 § 5-3-6-1
NONCOMPLIANCE WITH RENTAL AGREEMENT; FAILURE TO PAY RENT (Evanston Housing Regulations)
Operative Text
(A) 1. If there is a material noncompliance by the tenant with the rental agreement or with Subsections 5-3-4-1 (A) through (F g) [(G)], the housing provider may deliver written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than thirty (30) days after receipt of the notice, unless the breach is remedied by the tenant prior to the expiration of the notice. If the breach is not remedied prior to the expiration of the notice, the rental agreement shall terminate as provided in the notice. 2. If there is a material noncompliance by the tenant with any of the provisions of Subsections 5-3-4-1 (A) through (G) after expiration of the housing provider's written notice to tenant to remedy the acts and omissions specified in the notice delivered pursuant to Subsection (A)1. of this Section, throughout the remainder of the term of the rental agreement, the housing provider may deliver written notice to the tenant that the rental agreement shall terminate not less than thirty (30) days after delivery of the written notice to terminate. 3. If there is noncompliance by the tenant with Subsection 5-3-4-1 (H), the housing provider may deliver written notice to the tenant specifying the acts constituting the breach and that the rental agreement will terminate upon a date not less than thirty (30) days after receipt of the notice. (B) If the rent is unpaid when due, the housing provider may deliver to the tenant a written notice of the housing provider's intention to terminate the rental agreement. The housing provider shall serve the written notice in compliance with state law;. if the tenant does not materially comply with the written notice within ten (10) days of receipt, the housing provider may terminate the rental agreement. Nothing in this Subsection shall affect a housing provider's obligation to provide notice of termination of tenancy in subsidized housing as required under federal law or regulations. A housing provider may also opt to maintain an action for rent and/or damages pursuant to state law without terminating the rental agreement. (C) One-Time Tenant Right To Pay And Stay. At any time prior to the issuance of any order of possession or eviction order made pursuant to Article IX of the Illinois Code of Civil Procedure. 735 ILCS 5/9-101 et seq. the tenant has a one-time right to cure the non-payment of rent by paying the housing provider unpaid rent, duly owed from the date of non-payment to the date of payment, together with all filing fees and costs paid by the housing provider and all fees and costs expended by the housing provider for service of process, but not including attorney fees. If the tenant so pays prior to the issuance of any order of possession or eviction order, the Court shall dismiss the case. If the housing provider refuses to provide a total amount due, the tenant may cure by making a good faith payment of the amount that the tenant believes in good faith to be due. (D) Except as provided herein, the housing provider may recover damages and/or obtain injunctive relief for any noncompliance by the tenant with the rental agreement or with Section 5-3-4-1 . If the tenant's noncompliance is willful, the housing provider may recover reasonable attorney fees.
Evanston, Ill., City Code § 5-3-6-1 establishes the process by which a housing provider may respond when a tenant materially breaches a rental agreement or fails to pay rent. For most lease violations, the housing provider must give at least 30 days' written notice describing the breach and allowing the tenant an opportunity to fix it before the agreement terminates. For unpaid rent, a shorter notice period applies, but tenants retain a one-time right to pay all overdue rent plus certain court costs before any eviction order is issued, which requires the court to dismiss the case.
Plain English — not legal advice.
Under Evanston, Ill., City Code § 5-3-6-1, compliant housing providers document lease violations in writing, specifying the acts or omissions at issue, and allow the required notice periods before pursuing termination. For nonpayment of rent, operators serve written notice in accordance with Illinois state law and track any filing fees and service-of-process costs, since those amounts may be included in a tenant's cure payment. Housing providers who seek to recover attorney fees should be aware that § 5-3-6-1(D) limits that recovery to situations where the tenant's noncompliance is found to be willful.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Evanston, Ill., City Code § 5-3-6-1 gives tenants meaningful protections when facing termination for lease violations or nonpayment of rent. For most breaches, tenants have at least 30 days after receiving written notice to remedy the problem and avoid termination. Critically, § 5-3-6-1(C) provides a one-time right to pay all overdue rent plus documented court filing and service costs — but not attorney fees — before any eviction order is issued, which requires the court to dismiss the case; tenants who believe a housing provider is overstating the amount owed may make a good-faith payment of what they believe is due, and tenant-rights organizations in Evanston can help clarify available 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 September 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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