|
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) |
5-3-7: TENANT
REMEDIES:
5-3-7-1:
NONCOMPLIANCE BY LANDLORD:
(A) If there is a material noncompliance
by the landlord with the rental agreement or with subsection
5-3-5-1(F)
or section
5-3-5-3
of this chapter, the tenant
may deliver a written notice to the landlord specifying the
breach and that the rental agreement will terminate on 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, unless the breach is
remedied by the landlord 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. The tenant may not terminate for a condition caused by
the deliberate or negligent act or omission of the tenant, a
member of his family, or other person on the premises with his
consent. (Ord. 33-0-83)
(B) Except as provided in this chapter,
the tenant may recover damages and obtain injunctive relief for
any material noncompliance by the landlord with the rental
agreement or with section
5-3-5-3
of this chapter. If the
landlord's noncompliance is wilful, the tenant may recover
reasonable attorney fees.
(C) If the rental agreement is terminated,
the landlord shall return all security and interest recoverable
by the tenant under section
5-3-5-1
of this chapter and all
prepaid rent. (Ord. 19-0-75)
|
