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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 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) |
5-3-9:
RETALIATORY CONDUCT; CIVIL ACTIONS BY CITY:
5-3-9-1:
RETALIATORY CONDUCT:
(A) Except as
provided in this section, a landlord may not retaliate by
increasing rent or decreasing services or by bringing or
threatening to bring action for possession or by refusing to
renew a rental agreement because the tenant has:
1. Complained
in good faith of a code violation to a government agency charged
with the responsibility for the enforcement of such code;
2. Complained to the landlord of a
violation under subsection
5-3-5-2(D)
or section
5-3-5-3 of this chapter;
3. Organized or
become a member of a tenant union or similar organization; or
4. Exercised or
attempted to exercise any right or enforce any remedy granted to
him under this chapter. (Ord. 19-0-75)
(B) If the landlord acts in violation of
subsection (A) of this section, the tenant has a defense in any
retaliatory action against him for possession and is entitled to
the following remedies: He shall recover possession or terminate
the rental agreement and, in either case, recover an amount
equal to not more than two (2) months' rent or twice the damages
sustained by him, whichever is greater and reasonable attorney
fees. If the rental agreement is terminated, the landlord shall
return all security and interest recoverable under section
5-3-5-1
of this chapter and all
prepaid rent. In an action by or against the tenant, if there is
evidence of a complaint within one year prior to the alleged act
of retaliation, it may be presumed that the landlord's conduct
was retaliatory. The presumption does not arise if the tenant
made the complaint after notice of a proposed rent increase. (Ord.
126-0-82)
(C)
Notwithstanding subsections (A) and (B) of this section, a
landlord may bring an action for possession if:
1. The
violation of a code was caused primarily by lack of care by the
tenant, a member of his family or other person on the premises
with his consent; or
2. The tenant is in default in rent, other
than a purported default under Section
5-3-7-3. (Ord. 19-0-75)
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