CITY OF EVANSTON, ILLINOIS

RESIDENTIAL LANDLORD AND TENANT ORDINANCE

SECTION

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PAGE

5—3— 1:

Title, Purpose and Scope........................................................................................................................2

5—3— 2:

General Definitions; Principles of Interpretation.....................................................................................

5—3— 3:

Rental Agreements.................................................................................................................................

5—3— 3-1:

Terms and Conditions of Rental

Agreements............................................................................

5—3— 3-2:

Effect of Unsigned or Undelivered Rental Agreement..............................................................

5—3— 3-3:

Prohibited Provisions in Rental Agreements.............................................................................

5—3— 4:

Tenant Obligations..................................................................................................................................

5—3— 4-1:

Maintain Dwelling Unit...............................................................................................................

5—3— 4-2:

Rules and Regulations..............................................................................................................

5—3— 4-3:

Access.......................................................................................................................................

5—3— 4-4:

Tenant’s Use and Occupancy of Dwelling Unit.........................................................................

5—3— 5:

Landlord Obligations..............................................................................................................................

5—3— 5-1:

Security Deposits and Prepaid Rent.........................................................................................

5—3— 5-2:

Disclosure..................................................................................................................................

5—3— 5-3:

Maintain Fit Premises................................................................................................................

5—3— 5-4:

Limitation of Liability..................................................................................................................

5—3— 5-5:

Lead Disclosure Requirements.................................................................................................

5—3— 6:

Landlord Remedies................................................................................................................................

5—3— 6-1:

Noncompliance With Rental Agreement; Failure to Pay Rent..................................................

5—3— 6-2:

Failure to Maintain....................................................................................................................

5—3— 6-3:

Abandonment; Subleases.........................................................................................................

5—3— 6-4:

Waiver of Landlord’s Right to Terminate..................................................................................

5—3— 6-5:

Remedy After Termination.........................................................................................................

5—3— 6-6:

Disposition of Abandoned Property...........................................................................................

5—3— 7:

Tenant Remedies...................................................................................................................................

5—3— 7-1:

Noncompliance by Landlord......................................................................................................

5—3— 7-2:

Failure to Deliver Possession....................................................................................................

5—3— 7-3:

Self Help for Minor Defects and Rent Withholdings..................................................................

5—3— 7-4:

Wrongful Failure to Supply Essential Services.........................................................................

5—3— 7-5:

Landlord’s Noncompliance as Defense to Action for Possession or Rent................................

5—3— 7-6:

Fire or Casualty Damage..........................................................................................................

5—3— 8:

Holdover; Abuse of Access....................................................................................................................

5—3— 8-1:

Holdover Remedies...................................................................................................................

5—3— 8-2:

Landlord and Tenant Remedies for Abuse of Access...............................................................

5—3— 8-3:

Notice of Refusal to Renew Rental

Agreement.........................................................................

5—3— 9:

Retaliatory Conduct; Civil Actions by City..............................................................................................

5—3— 9-1:

Retaliatory Conduct...................................................................................................................

5—3— 9-2:

Civil Actions by City...................................................................................................................

5—3—10:

Attachment of Chapter to Rental Agreement.........................................................................................

5—3—11:

Condominium Conversions....................................................................................................................

5—3—12:

Interruption of Tenant Occupancy..........................................................................................................

5—3—12-1:

Unlawful Interruption.................................................................................................................

5—3—12-2:

Exclusions.................................................................................................................................

5—3—12-3:

Fines..........................................................................................................................................

5—3—12-4:

Civil Remedy..............................................................................................................................

5—3—12-5:

Tenant’s Right to Terminate.......................................................................................................

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5—3—1:

TITLE, Purpose and Scope:

(A) Short Title: This Chapter shall be known and may be cited as

the “Residential Landlord and Tenant Ordinance.”

(B) Purpose and Declaration of Policy: It is the purpose of this

Chapter and the policy of the City, in order to protect and

promote the public health, safety and welfare of the citizens,

to establish rights and obligations of the landlord and the

tenant in the rental of dwelling units and to encourage the

landlord and the tenant to maintain and improve the quality

of housing.

(C) Construction of Chapter: This Chapter shall be liberally

construed and applied to promote its purposes and policies

(D) Scope:

1. Territorial Application: This Chapter applies to, regulates

and determines rights, obligations and remedies

under a rental agreement, wherever made, for a dwelling

unit located within the City.

2. Exclusions: Unless created to avoid the application of

this Chapter, the following arrangements are not

governed by this Chapter:

a. Residence at a public or private medical geriatric,

educational or religious institution;

b. Occupancy under a contract of sale of a dwelling unit

if the occupant is the purchaser ;

c. Occupancy in a structure operated for the benefit of a

social or fraternal organization;

d. Transient occupancy in a hotel or motel; or

e. Occupancy in a co-operative apartment by a

shareholder of the co-operative. (Ord. 114-0-89)

5—3—2: GENERAL DEFINITIONS;

PRINCIPLES Of INTERPRETATION:

(A) General Definitions: Subject to additional definitions con-

tained in subsequent sections of this Chapter:

ACTION:

Includes recoupment, counter-

claim, setoff suit in equity, and

any other proceeding in which rights

are determined, including an action

for possession.

CODE:

Includes any ordinance or govern-

mental regulation concerning fit-

ness for habitation or the con-

struction, 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 per-

sons who maintain a household.

FAIR RENTAL:

The prevailing value of comparable

VALUE:

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 sev-

erally, 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 en-

joyment of the premises, including

a mortgagee in possession.

PERSON:

An individual or a corporation,

government, governmental subdi-

vision or agency, business trust,

estate, trust, partnership or associ-

ation or any other legal or com-

mercial 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

All agreements, written or oral

AGREEMENT

and valid rules and regulations

adopted under Section 5—3—4-2

hereof 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.

(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)

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—

3—3: RENTAL AGREEMENTS:

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—

3-3-1: TERMS AND CONDITIONS

OF RENTAL AGREEMENT:

(A) The landlord and tenant may include in a rental agreement

terms and conditions not prohibited by this Chapter and other

rules of law including rent, terms of the agreement and other

provisions governing the rights and obligations of the parties.

(B) All rental agreements for leases of dwelling units subject to

this Chapter which are newly executed

and/or renewed on or

after August 1, 1994 shall contain the

full names and birth

dates of all occupants of the dwelling unit leased or to be

leased under the rental agreement. The individual occupancy

of the dwelling unit may not be changed without an

amendment to the existing rental agreement reflecting the

change in occupancy and shall in no case exceed the maximum

occupancy permitted elsewhere in the City Code for that size

unit .

(C) In the absence of agreement, the tenant shall pay as rent the

fair rental value of the use and occupancy of the dwelling unit.

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(D) Rent is to be payable without demand or notice at the time

and place agreed upon by the parties. Unless otherwise agreed,

rent is payable at the dwelling unit at the beginning of any

term of one month or less and otherwise in equal monthly

installments at the beginning of each month. Unless otherwise

agreed, rent shall be uniformly apportionable from day to day.

(E) Unless the rental agreement fixes a definite term, the tenancy

shall be week-to-week in the case of a tenant who pays weekly

rent, and in all other cases month-to-month. (Ord. 34-0-94)

5—3—3-2: EFFECT OF UNSIGNED OR

UNDELIVERED RENTAL AGREEMENT:

(A) If the landlord does not sign and deliver a written rental

agreement, signed and delivered to him by the tenant,

acceptance of rent without reservation by the landlord gives the

rental agreement the same effect as if it had been signed and

delivered by the landlord, for the term set forth in the rental

agreement.

(B) If the tenant does not sign and deliver a written rental agree-

ment, signed and delivered to him by the landlord, acceptance

of possession and payment of rent without reservation gives

the rental agreement the same effect as if it had been signed

and delivered by the tenant.

(C) If a rental agreement given effect by the operation of this

Section provides for a term longer than one year, it is

effective for only one year. (Ord. 19-0-75)

5—3—3-3: PROHIBITED PROVISIONS

IN RENTAL AGREEMENTS:

(A) Except as otherwise provided by this Chapter, no rental

agreement may provide that the tenant or the landlord:

1. Agrees to waive or to forego rights or remedies

under this Chapter;

2. Authorizes any person to confess judgment on a claim

arising out of the rental agreement;

3. Agrees to the limitation of any liability of the

landlord or tenant arising under law or to indemnify the

landlord or tenant for that liability or the costs

connected therewith.

(B) A provision prohibited by subsection (A) included in a rental

agreement is unenforceable. If a landlord deliberately uses a

rental agreement containing any provision known by him to

be prohibited, the tenant may recover actual damages sus-

tained by him and not more that two (2) months’ rent and

reasonable attorney’s fees. (Ord. 19-0-75)

5—3—4: TENANT OBLIGATIONS:

5—3—4-1 MAINTAIN DWELLING UNIT:

The tenant shall:

(A) Comply with all obligations imposed upon tenants by pro-

visions of the codes applicable to the dwelling unit;

(B) Keep that part of the premises that he occupies and uses as

safe as the condition of the premises permits;

(C) Dispose from his dwelling unit all ashes, rubbish, garbage

and other waste in a clean and safe manner;

(D) Keep all plumbing fixtures in the dwelling unit or used by the

tenant as clean as their condition permits;

(E) Use in a reasonable manner all electrical, plumbing. sani-

tary, heating, ventilating, air conditioning and other faci-

lities and appliances, including elevators in the premises;

(F) Not deliberately or negligently destroy, deface, damage,

impair or remove any part of the premises or knowingly

permit any person to do so;

(G) Conduct himself and require other persons on the

premises with his consent to conduct themselves in a manner

that will not disturb his neighbor’s peaceful enjoyment of the

premises; and

(H) Not engage in or permit the unlawful selling, possession,

serving, storage, deliverance, manufacture, cultivation, giv-

ing away or use of any controlled substance; prostitution;

or gambling on the leased premises. (Ord. 20-0-99)

5—3—4-2 RULES AND REGULATIONS:

(A) The landlord, from time to time, may adopt general rules or

regulations concerning the tenant’s use and occupancy of the

premises. They are enforceable only if:

1. Their purpose is to promote the convenience, safety or

welfare of the tenants in the premises, preserve the

landlord’s property from abusive use or make a fair

distribution of services and facilities among tenants;

2. They are reasonably related to the purpose for which

they are adopted;

3. They apply to all tenants in the premises in a fair manner;

4. They are sufficiently explicit to fairly inform the tenant

of what he must or must not do to comply;

5. They are not for the purpose of evading the obligations

of the landlord; and

6. The tenant has notice of them at the time he enters into the

rental agreement.

(B) A rule or regulation adopted after the tenant enters into the

rental agreement that substantially modifies his bargain is

not enforceable unless the tenant consents to it in writing.

5—3—4-3: ACCESS:

(A) The tenant shall not unreasonably withhold consent to the

landlord to enter the dwelling unit in order to inspect the

premises, make necessary or agreed repairs, decorations,

alterations or improvements, supply necessary or agreed

services or show the dwelling unit to prospective or actual

purchasers, mortgagees, tenants or workmen.

(B) The landlord may enter the dwelling unit without consent of

the tenant in case of emergency.

(C) The landlord shall not abuse the right of access or use it to

harass the tenant. Except in cases of emergency, or unless it

is impracticable to do so, the landiord shall give the tenant at

least two (2) days’ notice of his intent to enter and may enter

only at reasonable times. (Ord. 19-0-75)

5—3—4-4: TENANT’S USE AND

OCCUPANCY OF DWELLlNG UNIT:

Unless otherwise agreed, the tenant shall occupy his

dwelling unit only as a dwelling unit. (Ord. 19-0-75)

5—3—5: LANDLORD OBLIGATIONS:

5—3—5-1: SECURITY DEPOSITS AND PREPAID RENT:

(A) A landlord may not demand or receive security or prepaid rent

or any combination thereof in an amount in excess of one and

one-half (1-1/2) months’ rent; provided, however, that rent paid

on the first day of the month or upon any other day mutually

agreed upon by the parties, due and payable in advance for that

month, shall not be construed herein as either security or pre-

paid rent and therefore shall not be included in the computation

of the aforesaid one and one-half (1-1/2) months’ rent. The ten-

ant shall pay the landlord, at the time the tenant moves into the

premises or at any other time mutually agreed upon by the

parties, the amount of the security or prepaid rent required by

the landlord. However, if the landlord requires a security deposit

or prepaid rent in excess of one month’s rent, but not exceeding

one and one-half (1-1/2) months’ rent, that portion in excess of

one month’s rent at the election of the tenant, shall be paid

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either at the time the tenant pays the initial security deposit,

or shall be paid in no more than six equal installments no

later than six months after the effective date of the lease.

Interest on that portion of a security deposit or prepaid rent

exceeding one month’s rent, if paid in installments, shall

not be computed until all installments are paid to the landlord.

(B) Effective October 1, 2002, a landlord who receives security or

prepaid rent from a tenant shall pay interest to the tenant at the

rate equal to the interest rate paid on such security deposits in

the City of Chicago. Interest on security deposits on leases

commencing prior to October 1, 2002, shall be paid at a rate of

four percent (4%) per year through December 31, 1975, and

five percent (5%) per year from January 1, 1976 through

September 30, 2002. A landlord shall pay to the tenant interest

on all deposits within thirty (30) days after the end of each

twelve (12) month rental period, by cash or credit to be applied

to the rent due, except when tenant is in default under terms of

the rental agreement. Interest on that portion of the security

deposit or prepaid rent exceeding one month’s rent, if paid in

installments, shall not be computed until all installments are

paid to the landlord (Ord. 81-0-02)

(C) Upon termination of the tenancy, property or money held

by the landlord as security or prepaid rent may be applied to

the payment of accrued rent and the amount of damages which

the landlord has suffered by reason of the tenant’s noncompli-

ance with Section 5—3—4-1 hereof, all as itemized by the

landlord in a written notice delivered to the tenant together

with the amount due twenty one (21) days after tenant has

vacated his unit. Any security or prepaid rent not so applied,

and any interest on such security due to the tenant, shall be

paid to the tenant within twenty one (21) days after tenant has

vacated his unit.

(D) A landlord shall hold all security deposits received by him or

her in a federally insured interest-bearing account in a bank,

savings and loan association or other financial institution locat

ed in the State of Illinois. A security deposit and interest due

thereon shall continue to be the property of the tenant making

such a deposit, shall not be subject to the claims of any creditor

of the landlord or of the landlord’s successors in interest,

including a foreclosing mortgagee or trustee in bankruptcy.

(E) The City shall cause the new rate of security deposit interest to

be published once a week for two consecutive weeks or

more newspapers of general circulation in the City. The City

Manager shall direct the Human Relations Department to

prepare publish for free distribution at government offices and

libraries, a pamphlet or brochure describing the respective

rights, obligations and remedies of landlords and tenants with

respect to security desposits, including the new interest rate as

well as the interest rate for each of the prior two years. Said

pamphet shall also be available on the City’s website.

(Ord. 81-0-02)

(F) If the landlord fails to comply with subsection (C) hereof, the

tenant may recover the property and money due him together

with damages in an amount equal to twice the amount wrong-

fully withheld and reasonable attorney’s fees.

(G) This Section does not preclude the landlord or tenant from

recovering other damages to which he may be entitled under

this Chapter. (Ord. 19-0-75)

5—3—5-2: DISCLOSURE:

(A) The landlord or any person authorized to enter into a rental

agreement on his behalf shall disclose to the tenant in writing,

on or before the commencement of the tenancy:

1. The name, address and twenty four (24) hour telephone

number of the person authorized to manage the premises:

and

2. The name and address of the owner of the premises or the

person authorized to act on behalf of the owner for the purpose

of service of process and for the purpose of receiving notices

and demands.

(B) A person who fails to comply with subsection (A) becomes an

agent of each person who is a landlord for:

1. Service of process and receiving of notices and demands;

and

2.Performing the obligations of the landlord under this

Chapter and under the rental agreement and expending or

making available for that purpose all rent collected from

the premises.

(C) The information required to be furnished by subsection

(A) shall be kept current. Subsections (A) and (B) extend to

and are enforceable against any successor landlord or manager.

(D) Before a tenant initially enters into or renews a rental

agreement for a dwelling unit, the landlord or any person

authorized to enter into a rental agreement on his behalf shall

disclose to the tenant in writing any code violations which

have been cited by the City for the dwelling unit and common

area. If the landlord fails to comply with this subsection (D),

the tenant may pursue the remedies provided in Sections 5—

3—7-1 or 5—3—7-3 of this Chapter. (Ord. 19-0-75)

5—3—5-3: MAINTAIN FIT PREMISES:

(A) The landlord shall maintain the premises in substantial

compliance with the applicable codes of the City and shall

promptly make any and all repairs necessary to fulfill this

obligation.

(B) The landlord and tenant of any dwelling unit may agree that

the tenant is to perform specified repairs maintenance tasks,

alterations or remodeling only if:

1. The agreement of the parties is entered into in good

faith and not for the purpose of evading the obligations

of the landlord and is set forth in a separate writing signed

by the parties and supported by adequate consideration; and

2. The agreement does not diminish or affect the obligation of

the landlord to other tenants in the premises.

5—3—5-4: LIMITATION OF LIABILITY:

(A) Unless otherwise agreed a landlord who sells the premises

is relieved of liability under the rental agreement and this

Chapter for events occurring subsequent to written notice to

the tenant of the sale. However. he remains liable to the

tenant for any property and money to which the tenant is

entitled under Section 5—3—5-1 of this Chapter and all

prepaid rent, unless the tenant receives written notice that

such property, money and prepaid rent have been transferred to

the buyer, and that the buyer has accepted liability for such

property, money and prepaid rent.

(B) Unless otherwise agreed the manager of the premises is relieved

of liability under the rental agreement and this Chapter for

events occurring after written notice to the tenant of the

termination of his management.

5—3—5-5: LEAD DISCLOSURE REQUIREMENTS

Landlords subject to this Ordinance must follow all applicable

state and federal regulations regarding lead poisoning and must

specifically:

(A) Provide all prospective and current lessees with a copy of

the current, approved U.S. Environmental Protection Agency

federal pamphlet on lead-based paint disclosure.

(B) Disclose any known lead hazards. (Ord. 8-0-97)

5—3—3 6: LANDLORD REMEDIES:

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5—3—6-4: WAIVER OF LANDLORD’S RIGHT TO

TERMINATE:

Acceptance of rent with knowledge of a default by the tenant,

or acceptance of performance by him that varies from the

terms of the rental agreement or rules or regulations

subsequently adopted by the landlord, constitutes a waiver

of his right to terminate the rental agreement for that breach,

unless otherwise agreed after the breach has occurred.

5—3—6-5: REMEDY AFTER TERMINATION:

If the rental agreement is terminated, the landlord may have

a claim for possession and for rent and a separate claim for

damages for breach of the rental agreement and reasonable

attorney’s fees, as provided in Section 5—3—5-1 (C) hereof.

5—3—6-6: DISPOSITION OF ABANDONED PROPERTY:

(A) Except as otherwise agreed, if, upon termination of a

tenancy (other than by an order of a court of competent

jurisdiction) including, but not limited to, a termination after

expiration of a lease or by surrender or abandonment of the

premises, a tenant has left personal property on the premises,

and the landlord reasonably believes that the tenant has aban-

doned such personal property, the landlord may:

1. Notify the tenant in writing of his demand that such property

be removed within the dates set forth in such notice (but not

less than 15 days after delivery or mailing of such notice);

and that if such property is not removed within the time

specified, the property may be sold. If the property is not

removed within the time specified in such notice, the land-

lord may sell the property at a public sale or at a commerc-

ially reasonable private sale. The proceeds, less reasonable

costs incurred by such sale or storage of property, shall be

held by the landlord for the tenant for one year. If the tenant

does not claim the proceeds within one year. the proceeds

shall be the property of the landlord.

2. If the tenant has left personal property which is reasonably

determined by the landlord to be valueless or of such little

value that the cost of storing and conducting a sale would

probably exceed the amount that would be realized from

such sale, the landlord may notify the tenant in writing

that such property be removed by the date specified in

such notice (but not less than 15 days after delivery or

mailing of such notice), and that if such property is not

removed within the time specified, the landlord intends to

destroy or otherwise dispose of the property. If the property

is not removed within the time specified in the notice, the

landlord may destroy or otherwise dispose of the property.

3. The notice shall indicate his election to sell specific items

of the tenant’s personal property and to destroy or otherwise

dispose of the remainder of said property.

(B) For purposes of this Section, “abandonment” shall mean

that the tenant has vacated the premises, and that his rent

is in default and that notice by the landlord to terminate the

rental agreement as provided in Section 5—3—6-1 (B) has

expired.

(C) After sending written notice, as provided in subsection (A),

the landlord shall store all personal property of the tenant in

a place of safe keeping and shall exercise reasonable care

of the property, but shall not be responsible to the tenant for

any loss not caused by the landlord’s deliberate or negligent

act or omission. The landlord may elect to store the property

in or about the previously vacated premises. In such case,

5—3—6-1 : NONCOMPLIANCE WITH RENTAL

AGREEMENT; FAILURE TO PAY RENT:

(A) (1)1f there is a material noncompliance by the tenant with

the rental agreement or with Section 5—3—4-1 (A)-(G), the

landlord may deliver a written 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

thirty (30) days after receipt of the notice, unless the breach

is remedied by the tenant prior to the expiration of the notice.

If the breach is not remedied prior to the expiration of the

notice, the rental agreement shall terminate as provided in the

notice.

(2) If there is noncompliance by the tenant with section 5—3—

4-1 (H), the landlord may deliver written notice to the tenant

specifying the acts constituting the breach and that the rental

agreement will terminate up