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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.
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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) |
5-3-6-6:
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) |
