Evanston, Ill., City Code § 5 § 5-3-6-3
WAIVER OF HOUSING PROVIDER'S RIGHT TO TERMINATE (Evanston Housing Regulations)
Operative Text
If a housing provider accepts rent from the tenant or accepts the tenant's actions that are in conflict with the terms of the rental agreement or any of the housing provider's rules or regulations, the housing provider waives any right to terminate the rental agreement for that breach, unless the tenant and housing provider otherwise agree after the breach has occurred.
Under Evanston, Ill., City Code § 5 § 5-3-6-3, when a housing provider accepts rent or otherwise accepts a tenant's conduct that conflicts with the lease terms or the provider's rules, that acceptance generally extinguishes the provider's right to terminate the tenancy for that particular breach. The waiver applies unless both parties reach a separate written or verbal agreement after the breach has already occurred. This rule is designed to prevent housing providers from collecting rent or tolerating rule violations while simultaneously holding those same violations in reserve as grounds for eviction.
Plain English — not legal advice.
Housing providers operating under Evanston, Ill., City Code § 5 § 5-3-6-3 generally take care to avoid accepting rent or otherwise acquiescing to conduct they intend to treat as a lease violation. Compliant operators who discover a breach typically address it promptly and in writing rather than continuing to accept payments without objection, since acceptance can constitute a waiver of termination rights for that breach. If a housing provider and tenant reach a new understanding about a past breach, documenting that post-breach agreement helps clarify that the waiver provision does not apply.
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 § 5-3-6-3 provides tenants with a meaningful protection: if a housing provider has accepted rent or tolerated conduct that conflicted with the lease, that provider generally cannot later use that same breach as a basis for terminating the tenancy. Tenants who believe a housing provider is attempting to evict them for a breach that was previously accepted may be able to raise this waiver as a defense in eviction proceedings. Tenant-rights organizations in Evanston can help explain how this provision applies in various circumstances and what documentation—such as rent receipts or written communications—may be relevant.
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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