Legal Question in Landlord & Tenant Law in Illinois

We signed a no smoking addendum to our lease. Is there any burden of proof on the part of the landlord to somehow prove that smoking is occuring in the apartment before they can ask us to leave? There is no smoking going on in the apartment but on three occasions they have said they smelled smoke.

It states "A warning system is in place in which the landlord will notify the tenant verbally and in writing of a violation of the smoke free addendum. The warnings shall not exceed 3 instances within the lease period, If warnings are exceeded it will result in breech of the addendum. If breach of this addendum results in termination of this lease tenants will have 30 days to vacate the premises."

Also, We live in chicago, illinois


Asked on 4/02/12, 12:53 pm

1 Answer from Attorneys
Stephen Messutta

Without getting into the "warning" system, yes the landlord would have to prove you violated the lease. HOW the landlord does that is another question, and it depends on what the landlord says is the proof. As to what the lease says, if you are covered by the Chicago Residential Landlord and Tenant Ordinance, the landlord must give formal (apparently 30 days') notice.

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Answered on 4/02/12, 1:37 pm


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