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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) |
5-3-7-3:
SELF-HELP FOR MINOR DEFECTS AND RENT WITHHOLDINGS:
(A) With
respect to any single violation, the tenant may choose either
the remedy in subsection (A)1 or (A)2 of this section.
1. If the landlord fails to comply with
the rental agreement or with subsection
5-3-5-3(A)
of this chapter, and the
reasonable cost of compliance is less than two hundred dollars
($200.00) or an amount equal to one-half (1/2) of the monthly
rent, whichever amount is greater, the tenant may recover
damages for the breach under subsection
5-3-7-1(B) of this chapter or may
notify the landlord in writing of his intention to correct the
condition at the landlord's expense. If the landlord fails to
comply within fourteen (14) days after being notified by the
tenant in writing or as promptly as conditions require in case
of emergency, the tenant may have the work done in a workmanlike
manner and, after submitting to the landlord a receipted bill
from an appropriate tradesman, deduct from his rent the amount
thereof, not exceeding the limits specified in this subsection;
provided, that the tenant has fulfilled his affirmative
obligations under section
5-3-4-1
of this chapter.
2. If the landlord fails to comply with
the rental agreement or with subsection
5-3-5-3(A)
of this chapter, the tenant
may, where the condition has been cited as a code violation by
the city, notify the landlord in writing of the tenant's
intention to withhold from the monthly rent an amount which
reasonably reflects the reduced value of the premises. If the
landlord fails to correct the condition within fourteen (14)
days after being notified by the tenant in writing, the tenant
may, during the time such failure continues, deduct from the
rent the stated amount.
(B) A tenant
may not repair at the landlord's expense or withhold rent under
this section if the condition was 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.
(C) Before
correcting a condition affecting facilities shared by more than
one dwelling unit, the tenant shall notify all other tenants
sharing such facilities of his plans, and shall so arrange the
work as to create the least practicable inconvenience to the
other tenants. (Ord. 19-0-75) |