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 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)

5-3-3-1: TERMS AND CONDITIONS OF RENTAL AGREEMENT:

(A) A rental agreement complying with the requirements of this chapter shall be executed for the rental of all dwelling units within the jurisdiction regardless of the duration of the tenancy herein. The landlord and tenant may include in a rental agreement terms and conditions not prohibited by this chapter and other rules of law including rent, term of the agreement and other provisions governing the rights and obligations of the parties.

(B) All rental agreements for leases of dwelling units subject to this chapter which are newly executed and/or renewed on or after August 1, 1994, shall contain the full names and birth dates of all occupants of the dwelling unit leased or to be leased under the rental agreement. The individual occupancy of the dwelling unit may not be changed without an amendment to the existing rental agreement reflecting the change in occupancy and shall in no case exceed the maximum occupancy permitted elsewhere in this code for that size unit.

(C) Rent is to be payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed, rent is payable at the dwelling unit at the beginning of any term of one month or less and otherwise in equal monthly installments at the beginning of each month. Unless otherwise agreed, rent shall be uniformly apportionable from day to day.

(D) Unless the rental agreement fixes a definite term, the tenancy shall be week to week in the case of a tenant who pays weekly rent, and in all other cases month to month. (Ord. 97-0-06)
 

 
 

Title 5 Chapter 3 of the Municipal Code of Evanston