Illinois 10 Day Notice to Cure
The 10 Day Notice is required for lease violations other than non-payment of rent, and must be given to the tenant prior to filing for an eviction.
Document Last Modified: 6/19/2018
A Notice Of Violations Other Than Non-Payment of Rent
The first aspect of this form that should be noted is that this notice is not for non-payment of rent issues. If there has been a delay with rent then landlords should see: 5 Day Notice To Pay Rent. The 10 Day Notice To Cure is for violations of the rental agreement by the tenant. This can occur from a range of different reasons but it must be a clear violation of the agreement.
Landlords must ensure that the reason for serving the notice is contained in the rental agreement otherwise they will have no legal precedence if the possible eviction is taken to court at the end of the notice period.
Providing Sufficient Notice
According to the state law of Illinois there is a minimum notice period of 10 days from when this form is served to when the case is taken to court. The state provides only 5 days for payment of rent but for violations of the contract it is important for landlords to wait the full 10 days.
It is also necessary to factor in the amount of time it takes for the tenant to receive the notice. For instance, if the landlord mails the notice then an additional 3 days is included in the notice period to provide enough time for the tenant to receive the notice and act upon it.
Serving The Form
Once the notice has been served the tenant has 10 days to cure the issues or breaches of contract to the landlord’s satisfaction. If after this period the landlord is still not content with the changes that have been made then an additional form needs to be filed to the Clerk of Court.
The landlord may serve the notice by: mail, personally delivering the notice with a signature for proof and by leaving the notice in the property.
The first point to remember is that a landlord should never pursue eviction actions without following the legal process. This will only result in not achieving your desired results.
To learn all about serving a Notice To Cure and the eviction process if the tenant does not comply please follow the links to both EZ Landlord Forms and to Illinois state’s information:
Illinois Landlord Tenant Law and RegulationsView Article >
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