Evanston, Ill., City Code § 5 § 5-3-8-1
HOLDOVER REMEDIES (Evanston Housing Regulations)
Operative Text
If the tenant remains in possession without the housing provider's consent, after expiration of the term of the rental agreement or its termination or the expiration of the fair notice period as set forth in Section 5-3-6-5 , the housing provider may bring an action for possession and if the tenant's holdover is willful, the housing provider in addition may recover an amount not more than two (2) months' periodic rent or twice the damages sustained by the housing provider, whichever is greater. If the housing provider consents to the tenant's continued occupancy, Subsection 5-3-3-1 (C) applies.
Under Evanston, Ill., City Code § 5 § 5-3-8-1, when a tenant remains in a rental unit after the lease term ends or is terminated—and after any required fair-notice period has passed—without the housing provider's consent, the housing provider has the right to pursue a legal action for possession of the property. If the holdover is found to be willful, the housing provider may also seek additional monetary damages equal to the greater of two months' periodic rent or twice the actual damages suffered. If the housing provider does consent to the tenant's continued stay, a separate subsection (5-3-3-1(C)) governs that arrangement instead.
Plain English — not legal advice.
Evanston, Ill., City Code § 5 § 5-3-8-1 gives housing providers a clear legal path when a tenant stays beyond the end of a lease or notice period without permission. Compliant operators typically document the lease expiration or termination date, confirm that any required fair-notice period under Section 5-3-6-5 has elapsed, and then pursue a formal possession action through the appropriate court if the tenant has not vacated. Where a holdover is willful, operators generally preserve records of any financial harm suffered, since the provision allows recovery of the greater of two months' rent or twice actual damages.
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 § 5-3-8-1 sets out the consequences a tenant may face for remaining in a unit after a lease ends or is terminated without the housing provider's agreement. A tenant in this situation could be subject to a court-ordered eviction and, if the holdover is deemed willful, additional financial liability up to two months' rent or twice the housing provider's actual damages, whichever is greater. Tenants who believe they have a valid basis to remain—or who have received the housing provider's implicit or explicit consent to continue occupying the unit—may wish to consult a tenant-rights organization or legal aid service familiar with Evanston's rental regulations to understand how Section 5-3-3-1(C) and related provisions may apply.
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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