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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) |
5-3-7-5:
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)
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