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A tenant can sometimes avoid an eviction case. This depends on the reason the eviction was started.

Not paying rent

If a landlord sends a tenant a 5 day notice for not paying rent, the tenant can stop the eviction by paying all of the rent due.

In Chicago, the landlord has to let the tenant stay even after the 5 day notice expires if they accept their rent, unless it is a owner-occupied building with 6 units or less.

In Mount Prospect, the landlord has to let the tenant stay even after the 5 day notice expires if they accept their rent. If the tenant can pay only part of the rent, the landlord can accept it and still continue to evict the tenant. However, if the landlord agrees in writing to allow the tenant to stay when they pay partial rent, then the landlord has to let the tenant stay.

In Chicago, the tenant can stop an eviction which was started because they broke a rule in the lease (a 10 day notice eviction). The tenant can fix the situation within the 10 day notice period. This is known as "curing" the lease violation. For example, if the lease says "no pets," and the tenant adopts a dog, the landlord can give them a 10 day notice. If the tenant then gives the dog to a friend, they can stay in the apartment. In Chicago, tenants also get a one-time right to make a full payment after the 5 day notice period. If a tenant pays the landlord the money they owe for rent plus filing fees before the eviction order is entered, the eviction case must be dropped. The tenant can only do this once per landlord.

In suburban Cook County, a tenant has a one-time right to pay and stay. Prior to the issuance of an eviction order, a tenant can pay the following to the landlord:

• Unpaid rent,
• Filing fees and costs paid by the landlord (not including attorney fees), and
• Costs for service of process.

Residents of Chicago and suburban Cook County may be eligible for assistance in paying past-due rent. Learn more about Court-Based Rental Assistance (CBRAP).

If the tenant pays the full amount, the eviction case must be dropped. This right does not cover Evanston, Chicago, Oak Park, and Mount Prospect.

In Oak Park, a tenant has a one-time right to pay and stay. Prior to the issuance of an eviction order, a tenant can pay the following to the landlord:

• Unpaid rent,
• Filing fees and costs paid by the landlord (not including attorney fees), and
• Costs for service of process.

If the tenant pays the full amount, the eviction case must be dropped.

Also, the tenant may be able to avoid eviction if the landlord didn't make required repairs, like:

• Severe water damage causing an unlivable unit,
• No heat in the winter, or
• Broken electrical outlets that pose a danger to tenants.

Learn more about what to do if your landlord doesn't make repairs.

Month-to-month leases

If a landlord serves a tenant with a 30 day notice to end a month-to-month lease, they can't accept the next month's rent. If the landlord accepts rent the following month, they have renewed the lease, and must give the tenant a new notice.

Waiting until the notice period is over

A landlord cannot file an eviction case before the end of the eviction notice period. After the notice period ends, the landlord should not accept rent from the tenant unless:

• They have an order from the court allowing them to accept "use and occupancy." This is a term for rent during a court case; or
• The tenant is in the process of exercising their one-time right to cure non-payment of rent (in Chicago or suburban Cook County only).

If neither of these situations applies and the landlord accepts rent after they end the lease, the tenant may be able to argue the lease never ended, and that the case should be dismissed.

Covid-19 Eviction Protection Ordinance

The provisions of the COVID-19 Eviction Protection Ordinance no longer apply to new eviction cases as of Dec. 2, 2021. If you live in Chicago and need help with your housing or debt problems, contact Cook County Legal Aid for Housing and Debt.