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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) |
5-3-3-3:
PROHIBITED PROVISIONS IN RENTAL AGREEMENTS:
(A) Except as
otherwise provided by this chapter, no rental agreement may
provide that the tenant or the landlord:
1.
Agrees to waive or to forego rights or remedies under this
chapter.
2.
Authorizes any person to confess judgment on a claim arising out
of the rental agreement.
3.
Agrees to the limitation of any liability of the landlord or
tenant arising under law or to indemnify the landlord or tenant
for that liability or the costs connected therewith.
(B) A provision prohibited by subsection (A) of this section
included in a rental agreement is unenforceable. If a landlord
deliberately uses a rental agreement containing any provision
known by him to be prohibited, the tenant may recover actual
damages sustained by him and not more than two (2) months' rent
and reasonable attorney fees. (Ord. 19-0-75) |