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)

5-3-9: 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)

 

 
 

Title 5 Chapter 3 of the Municipal Code of Evanston