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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) |
5-3-7-4:
WRONGFUL FAILURE TO SUPPLY ESSENTIAL SERVICES:
(A) If,
contrary to the rental agreement, the landlord fails to supply
heat, running water, hot water, electricity, gas or plumbing,
the tenant may:
1. Deliver a
written notice to the landlord specifying the service to be
restored, that the service must be restored within seven (7)
days of delivery of the notice, and that the rental agreement
will terminate automatically at the expiration of the seven (7)
days if the specified service is not restored.
2. Pay for the
provision of these services and deduct the cost from their next
rental payment, or payments, in the event the cost of services
procured exceeds the amount of the next rental payment.
3. Recover
damages based upon the diminution in the fair rental value of
the dwelling unit and reasonable attorney fees.
4. Procure
substitute housing during the period of the landlord's
noncompliance, in which case the tenant is excused from paying
rent for the period of the landlord's noncompliance. The tenant
may recover the cost of reasonable value of the substitute
housing up to an amount equal to the monthly rent and reasonable
attorney fees.
(B) If the tenant proceeds under this
section, he may not proceed under section
5-3-7-1
or
5-3-7-3
of this chapter for that
breach.
(C) The tenant
may not exercise his rights under this section if the condition
was caused by the inability of a utility supplier to provide
service or 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. 97-0-06) |
