Evanston Residential Landlord & Tenant Ordinance

 

 
 

Security Deposit Rights Lawyer

         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 Lease

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

Disclosure

Maintain Fit Premises

Limitation of Liability
Lead Disclosure Requirements

Landlord Remedies:  Noncompliance with Lease

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

Exclusions

Fines

Civil Remedy

Tenant's Right to Terminate

 

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

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 abandoned 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 landlord may sell the property at a public sale or at a commercially 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 subsection 5-3-6-1(B) of this chapter has expired.

(C) After sending written notice, as provided in subsection (A) of this section, the landlord shall store all personal property of the tenant in a place of safekeeping 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, the storage shall not exceed commercially reasonable storage rates. If the tenant's property is removed to a commercial storage company, the storage cost shall include the actual charge for such storage and removal from the premises to the place of storage.

(D) After the landlord's notice under subsection (A) of this section, if the tenant makes timely response in writing of his intention to remove the personal property from the premises and does not do so within the time specified in the landlord's notice or within thirty (30) days of the delivery or mailing of the tenant's written response or a mutually agreeable date (whichever is later), it shall be conclusively presumed that he has abandoned such property. In the event the tenant removes the property after notice, the landlord shall be entitled to the cost of storage for the period the property has remained in his safekeeping.

(E) Any public sale, authorized under the provisions of this section, shall be conducted pursuant to law in such instances made and provided. (Ord. 19-0-75)

 

 
 

Title 5 Chapter 3 of the Municipal Code of Evanston