Quick Reference: Chicago Fair Eviction Notice Ordinance at a Glance

A tenant has lived in their Chicago apartment for four years. The landlord wants the unit back for a family member. A 30-day notice is served, confident it will do the job.

It will not. Under Chicago's Fair Eviction Notice Ordinance, that landlord just gave themselves a 120-day problem - because the required notice for a tenancy over three years is 120 days, not 30. Worse, when the insufficient notice is challenged, the 120-day period does not start from the lease termination date. It starts from the date the landlord actually gives written notice. The tenant stays longer than they would have if the right notice had been served in the first place.

This scenario plays out regularly in Chicago because the Fair Eviction Notice Ordinance - passed by the Chicago City Council on July 22, 2020, and amending the Chicago Municipal Code at Section 5-12-130 - changed the rules significantly. For property managers operating across Chicago's residential rental market, understanding these notice tiers, their exceptions, their penalties, and how they interact with the broader Chicago Residential Landlord and Tenant Ordinance (RLTO) is essential compliance knowledge.

What the Fair Eviction Notice Ordinance Is - and Why It Was Passed

The Fair Eviction Notice Ordinance is an amendment to the Chicago Residential Landlord and Tenant Ordinance (RLTO), codified in Chapter 5-12 of the Chicago Municipal Code. It was signed into law on July 22, 2020, and took effect 90 days after passage, applying to all rental agreements that expired after October 20, 2020.

The ordinance addressed a straightforward displacement concern: under prior law, landlords could non-renew a residential lease with just 30 days' notice - regardless of how long the tenant had lived in the unit. In a city where long-term renters in gentrifying neighbourhoods faced sudden displacement with minimal time to find comparable housing, the Chicago City Council determined that a flat 30-day notice period was inadequate to reflect the disruption involved.

The result is a tiered notice system - the longer the tenancy, the more advance notice required - that Mayor Lori Lightfoot described at the time as giving Chicago "one of the longest notice periods in the country." The ordinance was passed 35-14 despite significant opposition from small building owners and property management organisations who argued it would disincentivise investment and extend the time problem tenants could remain in units.

The Three Notice Tiers : Exactly How They Work

Under Section 5-12-130(j) of the Chicago Municipal Code, the following notice requirements apply whenever a landlord intends to terminate a periodic tenancy, decline to renew a fixed-term rental agreement, or increase the rental rate. These tiers apply unless the landlord is terminating based on a qualifying tenant breach (discussed below).

Tier 1: Tenancies of Less Than Six Months - 30 Days

• For tenancies that have lasted less than six months, the landlord must provide at least 30 days' written notice prior to the stated termination date of the rental agreement.

• This maintains the prior law's 30-day requirement for very short tenancies and represents the only tier where no change was made from the pre-2020 standard.

Tier 2: Tenancies of Six Months to Three Years (Inclusive) - 60 Days

• For tenancies that have lasted six months or more but no more than three years, the landlord must provide at least 60 days' written notice prior to the stated termination date.

• This doubled the pre-2020 requirement for the majority of Chicago renters, who tend to fall in this range. A landlord who plans to reclaim a unit at the end of a 12-month lease for a tenant in their second year must calendar the notice requirement at least 60 days before the lease expiration date - not 30. A tenancy of exactly three years falls within this tier, not the 120-day tier.

Tier 3: Tenancies of More Than Three Years - 120 Days

• For tenancies that have lasted more than three years, the landlord must provide at least 120 days' written notice prior to the stated termination date.

• This is the most operationally disruptive requirement for property managers because 120 days is four months. A landlord who wants to not renew a long-term tenant's lease when it expires in June must serve the notice in February. A landlord managing multiple long-term tenancies across a Chicago portfolio needs a structured, system-driven process to ensure these notices are served at the right time - not delivered manually when a lease renewal conversation triggers the realisation that a deadline has passed.

• For teams managing Chicago properties alongside units in other states, lease management infrastructure that tracks notice deadlines based on tenancy start dates and lease expiration dates is what makes the difference between a managed portfolio and a litigation-prone one.

Rent Increases : The Same Tiers Apply

One of the most operationally significant - and frequently overlooked - aspects of the Fair Eviction Notice Ordinance is that the same tiered notice periods apply to rent increases, not just terminations and non-renewals.

Under Section 5-12-130 (j), before increasing the rental rate for any existing tenant :

• Tenancy under 6 months : 30 days' notice required.

• Tenancy 6 months to 3 years (inclusive) : 60 days' notice required.

• Tenancy more than 3 years : 120 days' notice required.

A property manager who wants to implement a rent increase at the start of a new lease term for a tenant who has been in their Chicago unit for four years must plan that conversation and serve that notice at least four months in advance. A notice served 45 days out - standard in most other markets - is non-compliant in Chicago for that tenant category.

This has direct implications for annual rent review cycles. For Chicago portfolios with a high proportion of long-term tenants, rent planning cannot be a 60-day conversation. It needs to start at least five months before the intended effective date to leave room for notice service, potential negotiation, and the possibility that a tenant chooses to vacate rather than pay the new rate.

Scope: Who the Ordinance Broadly Covers

This is where the Fair Eviction Notice Ordinance departs from the broader RLTO in an important way.

The RLTO - which governs security deposits, habitability, entry, and most other landlord-tenant obligations in Chicago - does not apply to owner-occupied buildings with six or fewer units where the owner lives in one of those units. This is the "owner-occupied" exemption under Section 5-12-020(a). The broader RLTO also excludes certain properties such as transient lodging in hotels and motels where occupancy is not primarily residential, dormitories, and employer-provided housing.

The Fair Eviction Notice Ordinance's notice tiers apply broadly to residential rental units across the City of Chicago, including many properties not otherwise covered under the RLTO - most notably, owner-occupied buildings with six or fewer units. A landlord who lives in a two-flat in Logan Square and rents out the other unit is subject to the notice tiers even though the broader RLTO does not govern their building.

The ordinance also applies regardless of the form of the rental agreement. Written fixed-term leases, month-to-month agreements, and even informal oral rental arrangements are all covered.

The Four Exceptions : When the Extended Notice Tiers Do Not Apply

The extended notice tiers under Section 5-12-130 (j) only apply to voluntary non-renewals and terminations. When a landlord is terminating a tenancy based on specific tenant breaches, the extended notice tiers do not apply - standard RLTO eviction notice provisions then govern.

The four qualifying breaches are :

1. Failure to Pay Rent (Section 5-12-130(a))
When a tenant fails to pay rent and the landlord has served a five-day notice of intent to terminate, the standard RLTO eviction process governs. The extended tiered notice periods do not apply; the standard five-day non-payment process does.

2. Material Noncompliance with the Lease (Section 5-12-130(b))
When a tenant materially fails to comply with the rental agreement, the landlord may serve a notice specifying the breach with a timeframe to cure - typically 10 days for most violations, 14 days for certain others under the RLTO. The extended notice tiers do not apply.

3. Disturbance of Others' Peaceful Enjoyment (Section 5-12-130(d))
When a tenant violates Section 5-12-040(g) - the obligation not to disturb neighbours or other tenants - within 60 days after a written notice, the landlord may seek injunctive relief or terminate on 10 days' written notice. The extended notice tiers do not apply.

4. Abandonment (Section 5-12-130(e))
When a tenant has abandoned the dwelling unit, the extended notice tiers do not apply.

This distinction is critical for property management workflows. Every non-renewal or termination must be correctly classified at the outset. If the basis for ending the tenancy is a tenant's breach, the extended notice tiers are not the governing framework - the RLTO's breach and cure provisions are. If the basis is simply that the landlord does not wish to renew or wants the unit back, the Fair Notice tiers control. Misclassifying a voluntary non-renewal as a breach-based termination - or vice versa - creates procedural vulnerability in either direction.

The Tenant's One-Time Right to Cure Non-Payment of Rent

The second major provision of the Fair Eviction Notice Ordinance is the one-time right to cure non-payment of rent, added to Section 5-12-130 (a).

Under this provision, when a landlord initiates eviction proceedings against a tenant for non-payment of rent, the tenant has a one-time right to cure by paying the landlord:

• All unpaid rent owed from the date of the termination notice to the date of payment.

• The landlord's court filing fees.

• The landlord's costs for service of process.

• Not including the landlord's attorney's fees.

This right exists at any time prior to the court's issuance of an order of possession or an eviction order. It survives the filing of the eviction action. Even after a landlord has properly served a five-day notice, filed the eviction complaint, and gone through the court process - if a judge has not yet issued an order of possession, the tenant may exercise the cure right. When exercised and the required amounts paid, the case is dismissed upon motion by either the landlord or the tenant, and the rental agreement continues.

The one-time limit is precisely that. The right may only be used once per tenancy in that specific unit. If the tenant exercises the cure right in year one and defaults again in year two, the one-time right is exhausted.

Critical exception : The right to cure does not apply to units in owner-occupied buildings containing six or fewer units - while the notice tiers still apply to those buildings. This is the only area where the ordinance treats owner-occupied small buildings differently. Property managers who oversee both large multi-unit buildings and small owner-occupied properties in Chicago need to track, per building, whether the cure right applies - because it affects how eviction proceedings should be managed and communicated. A Tenant 360 View system that flags building type and applicable protections for each unit removes the risk of misapplying or overlooking the cure right during an active eviction.

The 90-Day Maximum Renewal Obligation

A related provision under Section 5-12-130 (i) of the RLTO protects tenants from being pressured into lease renewal decisions too far in advance. No tenant can be required to renew a rental agreement more than 90 days prior to the termination date of the existing rental agreement.

If a landlord violates this provision - for example, by including a lease clause requiring the tenant to commit to renewal six months in advance - the tenant may recover one month's rent or actual damages, whichever is greater.

This provision interacts with the notice tiers in an important way. A landlord managing a long-term tenancy must serve 120 days' notice of non-renewal if they intend not to renew - but they cannot demand the tenant's renewal decision more than 90 days before lease end. The landlord serves the notice, and the tenant has until 90 days before the termination date to make their decision.

What Happens When a Landlord Gives Insufficient Notice

The penalty for serving insufficient notice is not a fine - it is an extended tenancy. Under Section 5-12-130 (j), if a landlord fails to give the required written notice, the tenant may remain in the dwelling unit for an additional period - running from the date on which written notice is actually given - regardless of what the stated termination date says. During that extended occupancy, the terms and conditions of the tenancy remain the same as the month immediately preceding the notice. If rent was abated or waived in prior months, the rate reverts to the last date a full rent payment was made.

The penalty periods by tier are :

• Tier 1 (less than 6 months) : Tenant may remain for up to 60 days from the date written notice is actually given.

• Tier 2 (6 months to 3 years inclusive) : Tenant may remain for up to 60 days from the date written notice is actually given.

• Tier 3 (more than 3 years) : Tenant may remain for up to 120 days from the date written notice is actually given.

Note : That for Tier 1, the penalty period (60 days) is double the required advance notice (30 days) - the code is expressly more favorable to the tenant in this scenario than simply enforcing the notice period.

In practical terms : a landlord who serves a 30-day notice to a tenant who has been in the unit for four years has not shortened the tenancy. They have started a 120-day clock from the date that defective notice was received. The landlord has not saved time by serving early - they have lost it.

This is where the most expensive mistakes occur. Property managers who import notice practices from other Illinois markets or other states, where 30 or 60 days may be standard, will find those practices non-compliant for Chicago's long-term tenancy category. The issue is not ignorance of the rule - it is the absence of a workflow that calculates the correct notice requirement for each specific tenancy before any notice is generated. The RIOO guide on red flags in lease agreements covers the upstream documentation that prevents these downstream mistakes.

How the Fair Eviction Notice Ordinance Interacts with the RLTO and Illinois State Law

The Fair Eviction Notice Ordinance sits within the Chicago RLTO framework, but its relationship to the broader RLTO and Illinois state law requires clarity on three points.

• On coverage 
  As noted above, the RLTO generally excludes owner-occupied buildings of six or fewer units. The Fair Notice tiers override this exclusion - they apply broadly to all Chicago residential units covered under the ordinance. Property managers who assume that small owner-occupied buildings are fully exempt from the ordinance are wrong.

• On Illinois state law
  For the most common residential tenancy types, Illinois state law requires 30 days' notice to terminate a month-to-month tenancy (735 ILCS 5/9-207) and 60 days' notice for a year-to-year tenancy (735 ILCS 5/9-205). Chicago's ordinance supersedes state law for properties within city limits, and Chicago's requirements are substantially more protective for any tenant past the six-month mark. For landlords managing properties both within Chicago and in surrounding communities where neither the Chicago ordinance nor the Cook County RTLO applies, different standards govern in different jurisdictions - and importing Chicago practices into state-law-governed properties, or vice versa, creates risk in both directions.

• On the Cook County RTLO
  In June 2021, Cook County enacted its own Residential Tenant and Landlord Ordinance (RTLO) covering suburban Cook County, which does not apply within Chicago city limits. Property managers with portfolios spanning both Chicago and suburban Cook County must track which ordinance governs each building. The guide on how to manage maintenance requests covers the documentation workflow that underpins compliance regardless of which jurisdiction's rules govern a given property.

Common Operational Mistakes Property Managers Make

1. Applying a uniform 30-day notice practice across all Chicago units
The most common error. Teams that inherited a 30-day notice workflow from pre-2020 practice are non-compliant for any tenant past the six-month mark.

2. Not calculating the notice tier at the time of lease execution
The required notice period should be calculated at lease signing - or at each tenancy anniversary - so that the team knows exactly what tier applies when a non-renewal decision is made.

3. Forgetting that the notice tiers apply to rent increases
Many property managers know about the notice tiers for non-renewals but apply standard 30-day notice practices to rent increases. For a four-year tenant, that is a 90-day shortfall.

4. Not tracking the one-time cure right per unit
In buildings where the cure right applies, property managers need to know, per unit, whether the right has already been exercised before an eviction proceeding begins.

5. Assuming the owner-occupied exemption eliminates all obligations
Owner-occupied buildings with six or fewer units are exempt from the cure right - but the notice tiers still apply. The exemption is partial, not total.

6. Requiring tenants to commit to renewal decisions too early
Lease clauses or renewal communications that demand a renewal decision more than 90 days in advance violate Section 5-12-130(i) and expose the landlord to one month's rent in damages.

7. Serving short notice and assuming the tenant must leave by the stated date
If the notice served is shorter than required, the stated termination date is unenforceable for the purpose of the extended period. The tenant's right is to remain for the full penalty period running from when notice was actually given.

Conclusion

Chicago's Fair Eviction Notice Ordinance fundamentally changed the pre-termination compliance landscape for every property manager operating within city limits. The tiered notice system - 30 days for under six months, 60 days for six months to three years inclusive, 120 days for over three years - applies to terminations, non-renewals, and rent increases alike, broadly across Chicago's residential rental market including owner-occupied small buildings. The right-to-cure provision gives non-paying tenants a statutory second chance up to the moment a judge issues an order of possession.

None of this is difficult to follow. But it demands one thing that many property management operations have not built: a notice calculation process that runs automatically for every tenancy, based on the actual tenancy start date and the applicable lease end date, before any notice document is prepared. The 120-day tier is the one that catches teams off guard - not because they don't know the rule, but because a decision made in November about a February lease end requires a notice that should have been served in October.

Chicago is not a market where standard notice practices from other jurisdictions can be imported without review. The Fair Eviction Notice Ordinance made that clear in 2020. Compliance here is not a legal question - it is an operational one.

This blog is for informational purposes only and does not constitute legal advice. For guidance specific to your Chicago portfolio and circumstances, consult a licensed Illinois attorney experienced in Chicago residential landlord-tenant law.

Frequently Asked Questions

What is Chicago's Fair Eviction Notice Ordinance?
It is an amendment to the Chicago Residential Landlord and Tenant Ordinance (RLTO), codified in Section 5-12-130 of the Chicago Municipal Code, passed on July 22, 2020. It requires landlords to provide tiered advance written notice before terminating a tenancy, declining to renew a lease, or raising rent - with longer notice required for longer-standing tenants.

What are the notice periods under the ordinance?
Under 6 months: 30 days. Six months to three years (inclusive): 60 days. More than three years: 120 days. These tiers apply to both terminations/non-renewals and rent increases.

Does the ordinance apply to owner-occupied buildings with six or fewer units?
The notice tiers apply broadly, including to owner-occupied buildings with six or fewer units. The only provision that does not apply to owner-occupied buildings of six or fewer units is the tenant's one-time right to cure non-payment of rent - the notice tiers still apply to those buildings.

When do the extended notice tiers NOT apply?
The extended notice tiers do not apply when a landlord is terminating based on specific tenant breaches - including failure to pay rent, material noncompliance with the lease, disturbance of others' peaceful enjoyment, or abandonment. In those cases, standard RLTO eviction notice provisions govern.

What is the tenant's one-time right to cure?
Under Section 5-12-130(a), in a non-payment eviction case, the tenant has a one-time right to pay all unpaid rent plus the landlord's court filing fees and service costs (but not attorney's fees) at any point before the court issues an order of possession. Once this payment is made, the eviction case is dismissed and the rental agreement continues. This right may only be used once per tenancy in that unit.

What are the penalties if a landlord gives insufficient notice?
Under Section 5-12-130(j), the tenant may remain in the unit for an extended period running from the date written notice is actually given - not the stated termination date. For tenancies under six months and for tenancies of six months to three years, the tenant may remain for up to 60 days from when notice is given. For tenancies over three years, the tenant may remain for up to 120 days from when notice is given.

Do the rent increase notice requirements match the termination notice requirements?
Yes. The same three tiers - 30, 60, and 120 days based on tenancy length - apply to rent increases as well as terminations and non-renewals.

Can a landlord require a tenant to decide on renewal more than 90 days before the lease ends?
No. Under Section 5-12-130(i), no tenant can be required to renew more than 90 days prior to the termination date of the rental agreement. A landlord who violates this provision is liable for one month's rent or actual damages, whichever is greater.

Does the ordinance apply to month-to-month tenants?
Yes. The ordinance applies to all residential tenancies - written fixed-term leases, month-to-month agreements, and informal oral arrangements - regardless of form.