In the state of Illinois, landlords are prohibited from evicting a tenant for relatively simple lease violations. To pursue eviction, the tenant must have committed a material breach of the lease. A material breach means the violation was serious and it undermined the core tenets of the rental agreement. But what qualifies as a material breach?
Landlords who have a good understanding of the distinction between a material breach and a simple lease violation can better protect their rights, avoid court delays, and ensure any eviction decision is legally sound. Landlords can stay compliant with the law while remaining effective by discussing any potential evictions with a Naperville, IL landlord eviction attorney.
What Is a Material Breach Under Illinois Law?
A material breach occurs when a tenant’s failure to fulfill his or her contractual obligations is so significant that it defeats the entire purpose of the contract, depriving the other party of the substantial benefit he or she expected. A breach this serious allows the landlord to terminate the contract and, in some cases, pursue damages.