Harvey, Ill., Mun. Code title 17 § 17-28-010
Landlord remedies (Harvey Residential Landlord and Tenant Rights Regulations)
Operative Text
A. Breach of Rental Agreement. 1. If rent is unpaid when due and the tenant fails to pay the unpaid rent within five days after notice by the landlord of the intention to terminate the rental agreement if the rent is not so paid, the landlord may terminate the rental agreement or he may accept a payment made more than five days after such notice in which case he shall be entitled to collect a late payment fee in the amount of not to exceed five percent of the rental payment. 2. If there is a material noncompliance by the tenant with the rental agreement of with Chapter 1720 of this title, other than nonpayment of rent, the landlord may give notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than ten days after receipt of the notice unless the breach is remedied by the tenant within the ten-day period, or as promptly as conditions permit in case of an emergency. 3. In the alternative, if there is material noncompliance by the tenant with Chapter 17-20 of this title, the landlord may enter the dwelling unit and have the work done in a workmanlike manner and submit a receipted bill from an appropriate tradesman for the cost thereof as rent on the next day when rent is due, or if the rental agreement has terminated, for immediate payment, provided that the landlord has fulfilled his affirmative obligations under Sections 17-24.010(C) and (D) of this title. 4. If the rental agreement is terminated, the landlord shall have a claim for possession and for rent and a separate claim for injunctive relief, his actual damages for breach of the rental agreement or the tenant's noncompliance with Chapter 17-20 of this title, and his costs and fees, as hereinafter provided. If the tenant's noncompliance is willful, the landlord may recover such additional costs and fees as a court shall determine to award. B. Abandonment of Rental Unit, Sublease. 1. For purposes of this section, "abandonment of the rental unit" shall mean that the tenant has vacated the premises, or has been absent therefrom for ten or more consecutive days without advising the landlord of such absence or intent to return, and that his rent is in default and that notice by the landlord to terminate the rental agreement as provided in subsection A of this section has expired. 2. If the tenant abandons the rental unit, the landlord shall: a. Terminate the lease and proceed with his remedies as set forth in this title; or b. Make a good faith effort to rent it at the rent specified in the tenant's rental agreement or at an amount equal to the prevailing rent for similar units within the same multi-family rental structure. This shall include the acceptance of reasonable subleases. If the landlord succeeds in renting the rental unit at a fair rental, the tenant shall be liable for the amount by which the rent due from the date of abandonment to the termination of the initial rental agreement exceeds the fair rental subsequently received by the landlord from the date of abandonment to the termination of the initial rental agreement. If the landlord makes a good faith effort to rent the rental unit at a fair rental and is unsuccessful, the tenant shall be liable for the rent due for the period of the rental agreement. In either event, the tenant shall be liable for the advertising expenses and reasonable redecoration costs incurred by the landlord in re-renting the rental unit. C. Disposition of Abandoned Property. 1. Where following terminations of the rental agreement (other than by order of a court) the tenant surrenders or vacates the rental unit or abandons the same leaving behind items of this personal property, such personal property may be considered by the landlord to be abandoned personal property and the landlord may dispose of the same in such manner as he determines. In the event the landlord sells the property, the sale proceeds shall be credited against any rent or other sums due to the landlord by the ten ant in accordance with the rental agreement and this title. D. Waiver of Right to Terminate. 1. Acceptance of rent with knowledge of a default by tenant, or acceptance of performance by the tenant, or acceptance of performance by the tenant that varies from the terms of the rental agreement or rules or regulations subsequently adopted by the landlord, must be confirmed in writing and signed by both parties and only then constitutes a waiver of the landlord's right to terminate the rental agreement for that breach. ( Ord. 3122 § 1 (part), 2004 )
Harvey, Ill., Mun. Code title 17 § 17-28-010 establishes the remedies available to landlords when tenants breach a rental agreement, abandon a unit, or leave personal property behind. For unpaid rent, the landlord may issue a five-day notice to pay or vacate, and if the tenant pays late, a late fee of up to five percent of the rental payment may be charged. For non-rent violations, the landlord may issue a ten-day cure notice, and if the breach is willful, a court may award additional costs and fees beyond actual damages. The provision also addresses how landlords must handle abandoned units—including a duty to make a good-faith effort to re-rent—and clarifies that accepting rent with knowledge of a default only constitutes a waiver of termination rights if confirmed in a signed written agreement.
Plain English — not legal advice.
Under Harvey, Ill., Mun. Code title 17 § 17-28-010, compliant landlords generally follow specific notice procedures before terminating a rental agreement: a five-day written notice for unpaid rent and a ten-day written notice for other material breaches, clearly specifying the acts or omissions at issue. When a unit is abandoned, operators typically document the vacancy, make a good-faith effort to re-rent at a fair market rate, and keep records of advertising and redecoration costs that may be charged back to the former tenant. Landlords should also be aware that accepting rent payments after a known default—without a written, signed agreement—does not automatically waive the right to terminate for that breach under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Harvey, Ill., Mun. Code title 17 § 17-28-010 gives tenants defined windows of time—five days for unpaid rent and ten days for other material breaches—to cure a problem before a landlord can lawfully terminate the rental agreement. Tenants who receive a termination notice may have grounds to contest the termination if the landlord failed to follow the required notice procedures or did not fulfill their own obligations under the code, which can be raised as a defense in any court proceeding. Tenants facing an abandonment claim or a dispute over personal property left behind may wish to consult a tenant-rights organization familiar with Harvey's municipal code to understand the full scope of their rights under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 8, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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