Tenants can lose their lease if they do not comply with the rental agreement, such as not paying their rent on time or not at all, seriously damaging the property, annoying other Tenants by excessive sound, etc.
Noncompliance with Rental Agreement
The Landlord is provided with certain remedies in case the Tenant fails to meet the terms of the lease. According to most leases, the Owner may deliver written notice to the Tenant within a specified period, stating the nature of the contract breach and calling for a good faith effort on the Tenant’s part to repair the breach within a reasonable time to prevent termination of the lease. In Illinois, a 5-day notice applies to monetary breaches and a 10-day notice applies to non-monetary breaches on the part of the Tenant.
The lease should further state that if the Tenant’s noncompliance can be remedied by the repair or replacement of damaged items and the Tenant does not make such repairs within a reasonable time after the notice is given, the Owner or Owner’s Agent may enter the premises and have the necessary work performed. An itemized bill for the actual and reasonable cost of the work then may be presented to the Tenant, due with the next rental payment. The lease also should provide that if the Owner chooses to terminate the lease, the bill comes due immediately on presentation.
Suit for Eviction
Eviction proceedings can be brought against a Tenant for several reasons:
- Nonpayment of rent
- Illegal possession of the premises after termination of the lease
- Unlawful use of the premises
- Nonpayment of charges attributed to the Tenant under the terms of the lease
- Certain other breaches of the lease contract
When a Tenant has failed to perform in one of these areas, the Owner may file a court suit for recovery of the premises after giving the Tenant required legal notice.
This proceeding is commonly known as a suit for eviction, a suit for possession, or a forcible entry and detainer suit in Illinois. If the court issues a judgment decree for possession in favor of the Owner, the Tenant must peaceably leave or the Owner can have the decree enforced by an officer of the court, who will then forcibly remove the Tenant and the Tenant’s belongings. This process is known as actual eviction
Default
Because statutes regarding a Tenant’s default under the terms of the lease vary from state to state, the lease should include a clause to the effect that if the Tenant defaults on rent payments, the Owner or Manager can terminate the tenancy.
Bankruptcy
Because of changing federal bankruptcy laws and court decisions, Property Managers should review bankruptcy default clauses in leases with an attorney. Advice should be sought to determine proper procedures to follow if a Tenant declares bankruptcy.
Illegal Activities
Language in the lease should be very clear prohibiting certain activities such as drug trafficking, felony crimes, or threatening other Tenants or the Manager.
