The Fair Eviction Notice ordinance passed despite criticism from some aldermen who supported the stronger “Just Cause Eviction” ordinance. The cure provision of the Fair Eviction Notice ordinance does not apply to units in owner-occupied buildings containing six units or fewer however, the notice provisions apply to all rented dwelling units in the City of Chicago. Importantly, the tenant is afforded this new cure right up until the court issuance of an order of possession or an eviction order. The Fair Eviction Notice ordinance also provides tenants with a one-time right to cure non-payment of rent by paying the landlord all unpaid rent through the date of payment, including all of the landlord’s court filing fees and costs, but excluding the landlord’s attorneys’ fees. * The ordinance does not apply to leases that expire within the first 90 days after the ordinance takes effect on July 22, 2020. Tenant may remain in the premises for up to 120 days after notice is provided Tenant may remain in the premises for up to 90 days after notice is providedĪt least 120 days prior to the stated termination date Tenant may remain in the premises for up to 60 days after notice is providedĪt least 60 days prior to the stated termination date Penalty for failure to provide proper noticeĪt least 30 days prior to the stated termination date
Unless the landlord is terminating a tenancy due to a tenant’s failure to pay rent, material noncompliance with lease obligations, disturbance of a neighbor’s peaceful enjoyment of the premises, or abandonment of the premises, the Fair Eviction Notice ordinance imposes the following notice periods before the landlord can terminate, decline to renew, or materially change the terms or conditions of a lease (including an increase in rent): Notice periods before the landlord can terminate under the Fair Eviction Notice Length of tenancy The City of Chicago instituted the Fair Eviction Notice ordinance on July 22, 2020.
In our article detailing the COVID-19 Eviction Protection ordinance, we considered two additional pending ordinances that, if adopted, would have a more lasting impact on landlords and tenants beyond the pandemic: the “ Fair Eviction Notice” ordinance, also sponsored by Mayor Lightfoot, and the “ Just Cause Eviction” ordinance, which is endorsed by members of the Chicago Progressive Caucus.
Last month, the City of Chicago instituted the “ COVID-19 Eviction Protection” ordinance, sponsored by Chicago Mayor Lori Lightfoot, in order to provide relief to tenants and avoid an eviction spike once the court system reopens after the current shutdown orders are lifted.