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5-3-2:
GENERAL DEFINITIONS; PRINCIPLES OF INTERPRETATION:
(A) Defined:
Subject to additional definitions contained in subsequent
sections of this chapter:
ACTION:
Includes recoupment, counterclaim, setoff, suit in equity, and
any other proceeding in which rights are determined, including
an action for possession.
CODE:
Includes any ordinance or governmental regulation concerning
fitness for habitation, or the construction, maintenance,
operation, occupancy, use or appearance of any premises or
dwelling unit.
COMMON AREA:
Includes a part or area of the premises not within any dwelling
unit.
DWELLING
UNIT: A structure or the part of a structure that is used as a
home, residence or sleeping place by one or more persons who
maintain a household.
FAIR RENTAL
VALUE: The prevailing value of comparable rental units in the
city.
LANDLORD: The
owner, lessor or sublessor of the dwelling unit or the building
of which it is a part. An owner is one or more persons, jointly
or severally, in whom is vested all or part of the legal title
to property, or all or part of the beneficial ownership and a
right to present use and enjoyment of the premises, including a
mortgagee in possession.
MATERIAL
NON-COMPLIANCE: A failure to comply with laws or regulations,
including the City of Evanston Residential Landlord-Tenant
Ordinance, and the BOCA Property Maintenance Code adopted under
Section 5-1-1 of this Title, or the requirements or
determinations of a reviewing inspector from the Community
Development Department and/or Health Department and/or Fire
Department when that failure increases risk to landlord or
tenant(s), or adversely affects the rights and welfare of the
landlord or tenant(s). A failure to comply may result in
termination of the lease. This may include only a single
instance of non-compliance if it is substantial or repeated
minor violations.
PERSON: An
individual or a corporation, government, governmental
subdivision or agency, business trust, estate, trust,
partnership or association or any other legal or commercial
entity.
PREMISES: A
dwelling unit and the structure of which it is a part, and
facilities and appurtenances therein, and grounds, areas and
facilities held out for the use of tenants.
RENT: All
payments to be made to the landlord under the rental agreement.
RENTAL AGREEMENT: A written agreement and
valid rules and regulations adopted under section
5-3-4-2
of this chapter embodying the
terms and conditions concerning the use and occupancy of a
dwelling unit and premises.
TENANT: A
person entitled under a rental agreement to occupy a dwelling
unit to the exclusion of others. (Ord. 19-0-75; amd. Ord.
97-0-06)
(B)Unconscionability:
If the court finds the rental agreement, or a settlement in
which a party waives or agrees to forego a claim or right under
this chapter or under a rental agreement, to have been
unconscionable when made, the court may grant the following
relief:
1.
Nonenforcement; or
2.
Nonenforcement of the unconscionable provision only; or
3. Limit the
application of any provision to avoid an unconscionable result.
(C)Notice: A
person has notice of a fact if:
1. He has
actual knowledge of it;
2. He has
received notice of it; or
3. From all
the facts and circumstances known to him at the time in
question, he has reason to know that it exists. A person gives
notice to another by taking steps reasonably calculated to
inform the other in ordinary course whether or not the other
actually comes to know of it. (Ord. 19-0-75) |
