The Evanston Residential Landlord and Tenant Ordinance (ERLTO) predates the Chicago RLTO.  The Evanston RLTO does share some features of the Chicago RLTO, and also contains the state's only 21-day security deposit return and accounting rule.  This is the timeline Wisconsin residents are used to.  The ERLTO also requires landlords to account in writing even for rent they are withholding from the security deposit of a tenant.  This is not required statewide. 

    Evanston renters of a duplex, townhouse, apartment, condo, or single  family home may email attorney Silverman for a free initial review of their Evanston landlord - tenant situation and rights.

SECTION

5-3-1

5-3-2
5-3-3-1

5-3-3-2

5-3-3-3

5-3-4-1

5-3-4-2

5-3-4-3

5-3-4-4

5-3-5-1

5-3-5-2

5-3-5-3

5-3-5-4

5-3-5-5

5-3-6-1

5-3-6-3

5-3-6-4

5-3-6-5

5-3-6-6

5-3-7-1

5-3-7-2

5-3-7-3

5-3-7-4

5-3-7-5

5-3-7-6

5-3-8-1

5-3-8-2

5-3-8-3

5-3-9-1

5-3-9-2

5-3-10

5-3-11

5-3-12-1

5-3-12-2

5-3-12-3

5-3-12-4

5-3-12-5

   RATES

        TITLE

Title, Purpose and scope

General Definitions; Principals of Interpretation

Rental Agreement: Terms and Conditions of Rental Agreement

Effect of Unsigned or Undelivered Rental Agreement

Prohibited Provisions in Rental Agreements

Tenant Obligations:  Maintain Dwelling Unit

Rules and Regulations

Access

Tenant's Use and Occupancy of Dwelling Unit

Landlord Obligations:  Security Deposits and Prepaid Rent

Disclosure

Maintain Fit Premises

Limitation of Liability
Lead Disclosure Requirements

Landlord Remedies:  Noncompliance with Rental Agreement

Abandonment; Subleases

Waiver of Landlord's Right to Terminate

Remedy After Termination

Disposition of Abandoned Property

Tenant Remedies: Noncompliance by Landlord

Failure to Deliver Possession

Self Help For Minor Defects and Rent Withholdings

Wrongful Failure to Supply Essential Services

Landlord's Noncompliance as Defense to Action for Rent

Fire or Casualty Damage

Holdover; Abuse of Access:  Holdover Remedies

Landlord and Tenant Remedies for Abuse of Access

Notice of Refusal to Renew Rental Agreement

Retaliatory Conduct

Civil Actions by City

Attachment of Chapter to Rental Agreement

Condominium Conversions

Interruption of Tenant Occupancy: Unlawful Interruption

Exclusions

Fines

Civil Remedy

Tenant's Right to Terminate

Evanston's Security Deposit Interest Rates (same as Chicago)

5-3-6: LANDLORD REMEDIES:

5-3-6-1: NONCOMPLIANCE WITH RENTAL AGREEMENT; FAILURE TO PAY RENT:

(A) 1. If there is a material noncompliance by the tenant with the rental agreement or with subsections 5-3-4-1(A) through (G) of this chapter, the landlord may deliver 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 a material noncompliance by the tenant with any of the provisions of subsections 5-3-4-1(A) through (G) of this chapter after expiration of the landlord's written notice to tenant to remedy the acts and omissions specified in the notice delivered pursuant to subsection (A)1 of this section, throughout the remainder of the term of the rental agreement, the landlord may deliver written notice to the tenant that the rental agreement shall terminate not less than thirty (30) days after delivery of the written notice to terminate.

3. If there is noncompliance by the tenant with subsection 5-3-4-1(G) or (H) of this chapter, the landlord may deliver written notice to the tenant specifying the acts constituting the breach and that the rental agreement will terminate upon a date not less than thirty (30) days after receipt of the notice, or, in the case of owner occupied dwelling units containing two (2) or fewer rooming units, upon a date not less than forty eight (48) hours after receipt of the notice.

(B) If the rent is unpaid when due, and the tenant fails to pay the unpaid rent within ten (10) days, or, in the case of owner occupied dwelling units containing two (2) or fewer rooming units, within forty eight (48) hours after receipt of written notice by the landlord of his/her intention to terminate the rental agreement if the rent is not so paid, the landlord may terminate the rental agreement.

(C) Except as provided herein, the landlord may recover damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or with section 5-3-4-1 of this chapter. If the tenant's noncompliance is wilful, the landlord may recover reasonable attorney fees. (Ord. 97-0-06)