Evanston, Ill., City Code § 5 § 5-3-7-1
NONCOMPLIANCE BY HOUSING PROVIDER (Evanston Housing Regulations)
Operative Text
(A) If there is a material noncompliance by the housing provider with the rental agreement or with Section 5-3-5-1 or 5-3-5-3 , the tenant may deliver a written notice to the housing provider specifying the breach and that the rental agreement will terminate, and the notice will expire, on a date not less than ten (10) days after receipt of the notice, unless the breach is remedied by the housing provider 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. The tenant may not terminate for a condition caused by the willful or negligent act or omission of the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent. If the tenant does not vacate the property within thirty (30) days after the expiration of the ten-day period, then the tenant's written notice shall be deemed withdrawn and the rental agreement shall remain in full force and effect. (B) Except as provided in this Chapter, the tenant may recover damages and obtain injunctive relief for any material noncompliance by the housing provider with the rental agreement or with Section 5-3-5-3 . If the housing provider's noncompliance is willful, the tenant may recover reasonable attorney fees. The housing provider shall have as an affirmative defense to this action that the condition was caused by a willful or negligent act or omission of the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent. (C) If the rental agreement is terminated, the housing provider shall return any security deposit recoverable by the tenant under Section 5-3-5-1 and all prepaid rent.
Under Evanston, Ill., City Code § 5-3-7-1, when a housing provider materially fails to comply with a rental agreement or certain maintenance obligations, a tenant may issue a written notice giving the provider at least ten days to correct the problem before the lease terminates. If the provider remedies the breach in time, the agreement continues; if not, it ends as stated in the notice—unless the tenant remains in the unit for more than thirty days past that deadline, in which case the notice is treated as withdrawn. Tenants may also seek damages and injunctive relief for material noncompliance, and if the provider's violation was willful, the tenant may recover reasonable attorney fees.
Plain English — not legal advice.
Evanston, Ill., City Code § 5-3-7-1 establishes that housing providers who materially breach a rental agreement or the applicable maintenance standards risk receiving a written termination notice from the tenant, triggering a minimum ten-day cure window. Compliant operators generally address maintenance and lease obligations promptly so that any noticed breach can be remedied before the notice period expires, avoiding lease termination. Providers should also be aware that willful noncompliance can expose them to an award of the tenant's reasonable attorney fees, and that upon any valid termination they are obligated to return applicable security deposits and prepaid rent.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Evanston, Ill., City Code § 5-3-7-1 gives tenants a structured path to respond when a housing provider materially fails to meet rental-agreement or maintenance obligations: a written notice specifying the breach and a termination date at least ten days out can be delivered, and if the provider does not cure the problem in time, the lease ends. Tenants who choose not to vacate within thirty days after that ten-day period expires should be aware the notice is treated as withdrawn and the lease continues. General enforcement paths include raising a violation as a defense in court, seeking damages or injunctive relief through civil proceedings, or consulting a local tenant-rights organization familiar with Evanston's housing code.
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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