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)

5-3-7-5: LANDLORD'S NONCOMPLIANCE AS DEFENSE TO ACTION FOR POSSESSION OR RENT:

(A) In an action for possession based upon nonpayment of rent or in an action for rent where the tenant is in possession, the tenant may counterclaim for any amount which he may recover under the rental agreement or this chapter. In that event, the court may order the tenant to pay into court all or part of the rent accrued and thereafter accruing, and shall determine the amount due to each party. The party to whom a net amount is owed shall be paid first from the money paid into court, and the balance by the other party. If no rent remains due after application of this section, judgment shall be entered for the tenant in the action for possession. If the defense or counterclaim by the tenant is without merit, the landlord may recover reasonable attorney fees.

(B) In an action for rent where the tenant is not in possession, the tenant may counterclaim as provided in subsection (A) of this section, but the tenant is not required to pay any rent into court. (Ord. 19-0-75)

 

 

 
 

Title 5 Chapter 3 of the Municipal Code of Evanston