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Northwestern University Campus - Evanston, Illinois

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    Click HERE to see the whole ERLTO

     Click HERE to submit an ERLTO case review form

   

  
   

     In Evanston, almost all Landlords who collect a security and/or pet deposit are required to pay interest on that deposit within 21 days after a tenant vacates.  The interest must be paid at the same rate as required by the Chicago ordinance, which changes every year. 

 

    Also in Evanston, unlike the rest of Illinois, a landlord has only 21 days after a tenant moves out of their apartment to send the tenant ALL of the following:  (1) A written itemized statement accounting for any amounts withheld from the tenant's security deposit, (2) whatever money is not being withheld from the security deposit, and (3) all interest due on the security deposit. 

 

    When a landlord doesn't comply with the requirements of subsection (c) tenants "may recover" an award equal to double the amount of the security deposit wrongfully withheld plus court costs and attorney fees.

 

    The money for tenants in the ERLTO is when landlords blow Evanston's unique 21-day time-limit for deposit (1) refund, (2) accounting, and (3) interest.  DepositLaw has obtained the double-damages even when the deposit return was just one day late.

  

 

 

 

 

 

 

 

 

 

 

EXCERPT FROM

EVANSTON RESIDENTIAL LANDLORD TENANT ORDINANCE

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

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(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抯 noncompliance with Section 5𦠬-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.

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(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 wrongfully withheld and reasonable attorney抯 fees.         

 

  

 

 

 

 

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Please NOTE: Because the Evanston City Counsel may change, amend, or abolish the law without notice, the statute provided here is not guaranteed to be an exact reproduction of the law at this time. The code provided here is for informational purposes only and should not be relied upon before taking any action. Please consult an attorney.

This web site is intended to supply general information to the public. Although the information is generally accurate, it cannot be guaranteed. The nature of Legislation is that laws change quickly, and visitors should always insure that legal information is accurate before relying on it. The above information applies the law of the City of Evanston. The law in your jurisdiction may be different. This information is necessarily brief and may or may not apply to your situation. In all cases, PLEASE, consult a lawyer before acting.

This web site is not intended to be advertising, solicitation, or legal advice. Thus, the reader should not consider this information to be an invitation for an attorney-client relationship, should not rely on information provided herein, and should always seek the advice of competent counsel in the reader's state.