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5-3-1: TITLE, PURPOSE AND SCOPE:

 

5-3-2: GENERAL DEFINITIONS; PRINCIPLES OF INTERPRETATION:

 

5-3-3-3: PROHIBITED PROVISIONS IN RENTAL AGREEMENTS:

 

5-3-4-3: ACCESS:

 

5-3-5-1: SECURITY DEPOSITS AND PREPAID RENT:

 

5-3-10: ATTACHMENT OF CHAPTER TO RENTAL AGREEMENT:

 

5-3-1: TITLE, PURPOSE AND SCOPE:   back to top

 

(A) Short Title. This chapter shall be known and may be cited as the RESIDENTIAL LANDLORD AND TENANT ORDINANCE.

 

(B) Purpose And Declaration Of Policy. It is the purpose of this chapter and the policy of the city, in order to protect and promote the public health, safety and welfare of the citizens residents, to establish rights and obligations of the landlord housing provider and the tenant in the rental of dwelling units and to encourage the landlord housing provider and the tenant to maintain and improve the quality of housing.

 

(C) Construction Of Chapter. This chapter shall be liberally construed and applied to promote its purposes and policies.

 

(D) Scope: 1. Territorial Application. This chapter applies to, regulates and determines rights, obligations and remedies under a rental agreement, wherever made, for a dwelling unit located within the city. 2. Exclusions. Unless created to avoid the application of this chapter, the following arrangements are not governed by this chapter: a. Residence at a public or private medical, geriatric, educational or religious institution; b. Occupancy under a contract of sale of a dwelling unit if the occupant is the purchaser; c. Occupancy in a structure operated for the benefit of a social or fraternal organization; or d. Transient occupancy in a hotel or motel.; e. Occupancy in a cooperative apartment by a shareholder of the cooperative.; f. Occupancy in a licensed shared housing facility as defined in Section 5-2-1 of this Code.

 

(E) If a residence is excluded from coverage by the exclusions in subsection D(2), above, the housing provider shall make this exclusion known to prospective tenants in marketing materials and shall prominently state the exclusion on any application materials before the owner accepts any fees, including but not limited to application fees, credit check fees, or holding fees.

 

(F) The anti-lockout prohibition contained in Section 5-3-12-1 applies to all dwelling units in the city that are otherwise excluded by subsections D(2)(b) and (d) of this section.

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5-3-2: GENERAL DEFINITIONS; PRINCIPLES OF INTERPRETATION:      back to top

 

(A) Defined. Subject to additional definitions contained in subsequent sections of this chapter:

 

ACTION. Includes recoupment, counterclaim, setoff, suit in equity, and any other proceeding in which rights are determined, including an action for possession.  

 

APPLICATION FEE. A fee charged by the housing provider to prospective tenant(s) to cover the costs of processing a rental application, and not offset against other fees.

 

CODE. Includes any ordinance or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use or appearance of any premises or dwelling unit.  

 

COMMON AREA. Includes a part or area of the premises not within any dwelling unit.  

 

DWELLING UNIT. A structure or the part of a structure that is used as a home, residence or sleeping place by one or more persons who maintain a household. A dwelling unit includes a mobile or manufactured home where the tenant has entered into a rental agreement to reside in the home. Where a dwelling unit is also governed by the Mobile Home Landlord and Tenant Rights Act, 765 ILCS 745 et seq. (“MHLTRA”), this Article shall augment and not replace the rights of both housing providers and tenants as set out in MHLTRA. Where there is a direct conflict between the provisions of this Article and MHLTRA, this Article shall take precedent except for the following sections of MHLTRA which shall remain as the governing provisions: Section 6 Obligation of Park Owner to Offer Written Lease; Section 8 Renewal of Lease; and Section 9.5- Abandoned or Repossessed Properties. Section 42-811 of this Article (Security Deposit) shall supersede, in its entirety, Section 18 of MHLTRA (Security Deposit; Interest) in its entirety.

 

FAIR RENTAL VALUE. The prevailing value of comparable rental units in the city.

 

LANDLORD/ HOUSING PROVIDER. The owner, lessor or sublessor of the dwelling unit or the building of which it is a part. An owner is one or more persons, jointly or severally, in whom is vested all or part of the legal title to property, or all or part of the beneficial ownership and a right to present use and enjoyment of the premises, including a mortgagee in possession.  

 

HARASS OR HARASSING. Willful conduct which is not necessary to accomplish a purpose reasonable under the circumstances that would cause a reasonable person emotional distress and that does cause emotional distress to the tenant.

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SUCCESSOR HOUSING PROVIDER. Any person who follows a housing provider in ownership or control of a dwelling unit or the building of which it is part, and shall include a lienholder who takes ownership or control either by contact, operation of law, or a court order.

 

OWNER. Any full or part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety with legal or beneficial title to the whole or part of a structure or land.

 

SECURITY DEPOSIT. Funds provided to a housing provider to secure payment or performance of a tenant’s obligations under a rental agreement, or the obligations of the tenant for its guests or pets, and the identifiable proceeds of the funds, however denominated. The term does not include rent or fees.

 

MATERIAL NONCOMPLIANCE. A failure to comply with laws or regulations, including the City of Evanston residential landlord-tenant ordinance, and the international property maintenance code adopted under section 1 of this title, or the requirements or determinations of a reviewing inspector from the Community and Economic Development Department and/or health department and/or fire department when that failure increases risk to landlord or tenant(s), or adversely affects the rights and welfare of the landlord or tenant(s). A failure to comply may result in termination of the lease. This may include only a single instance of noncompliance if it is substantial or repeated minor violations. Means: (1) failure to comply with federal, state, and/or local laws or regulations when that failure  presents a health or safety risk to a housing provider or tenants, or adversely affects the rights and welfare of the housing provider or tenants; (2) willful or reckless violation of the rental agreement; (3) use of the dwelling unit or other parts of the property for any criminal activity that either materially threatens the health, safety, or peaceful enjoyment of other tenants at the property, or has a material adverse effect on the management of the property; and (4) the unreasonable denial of the housing provider’s access to the dwelling unit for a purpose authorized under Section 5-3-4-3, provided that the housing provider provided notice in compliance with applicable federal, state, and local laws for seeking access. 

 

MOVE-IN FEE. The fee that a housing provider charges to a tenant that is reasonably related to the housing provider’s cost for a tenant moving into the dwelling unit including, but not limited to, additional security costs or additional trash removal.

 

PERSON. An individual or a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association or any other legal or commercial entity.

 

PREMISES. A dwelling unit and the structure of which it is a part, and facilities and appurtenances therein, and grounds, areas and facilities held out for the use of tenants.  

 

RENT. All payments to be made to the housing provider under the rental agreement. When it is used as a determination of damages, and the tenant has a subsidized rent, such as a Housing Choice Voucher, “rent” shall mean the full market rent, not the tenant rent based on income.

 

RENTAL AGREEMENT. A written agreement and valid rules and regulations adopted under Section 5-3-4-2 embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises.  

 

TENANT. A person entitled by written or oral agreement, subtenancy approved by the housing provider, or by sufferance, under a rental agreement to occupy a dwelling unit to the exclusion of others

 

WRITTEN NOTICE. Communications in writing shared as handwritten, typed, or printed documents, mailed documents, or electronically mailed or messaged documents.

 

(B) Unconscionability. If the court finds the rental agreement, or a settlement in which a party waives or agrees to forego a claim or right under this chapter or under a rental agreement, to have been unconscionable when made, the court may grant the following relief: 1. Nonenforcement; or 2. Nonenforcement of the unconscionable provision only; or 3. Limit the application of any provision to avoid an unconscionable result.

 

(C) Notice. A person has notice of a fact if: 1. He has actual knowledge of it; 2. He has received notice of it; or 3. From all the facts and circumstances known to him/her at the time in question, he/she has reason to know that it exists. A person gives notice to another by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it.

 

 

5-3-3-3: PROHIBITED PROVISIONS IN RENTAL AGREEMENTS:     back to top

 

(A) Except as otherwise provided by this chapter, no rental agreement may provide that the tenant or the landlord housing provider:

 

1. Agrees to waive or to forego rights or remedies under this chapter., Illinois state law, or federal law.

 

2. Authorizes a confession of judgment, or any entry of a judgment by a court without written notice or a trial, for any claim, including but not limited to debts, liabilities, damages, and obligations, arising out of the rental agreement,

 

3. Agrees to a waiver of: any written termination of tenancy notice or manner of service thereof provided under state law or this chapter, summons, copy of complaint, petition, right to notice, motion, entry of appearance, or other documents from the court as established through judicial process in the manner provided by the Illinois Code of Civil Procedure, 735 ILCS 5/2-201, et seq., or any action, regardless of good cause or cost.

 

4. Agrees to a non-disparagement clause that limits any written or oral statements, remarks, or other communications, public or private, directly or indirectly, made by tenants regarding the housing provider, property which the tenant is leasing a dwelling unit on, or the housing provider’s or property management, staff, officers, directors, representatives, investors, shareholders, administrators, affiliates, employees, affiliated corporations, divisions, or subsidiaries.

 

5. Agrees to the limitation of any liability of the housing provider or tenant arising under law or to indemnify the housing provider or tenant for that liability or the costs connected therewith.

 

6. Agrees to waive the right of any party to a trial by jury.

 

7. Agrees that in the event of a lawsuit arising out of the tenancy the tenant will pay the landlord's housing provider’s attorney's fees except as provided for by court rules, statute or Ordinance. This paragraph shall also apply to a mobile home owner who, as a tenant, rents a manufactured home lot in a mobile home park as the terms “tenant”, “manufactured home” or “mobile home,” “lot,” and “mobile home park,” are defined or used in the Mobile Home Landlord and Tenant Rights Act, 765 ILCS 745 et seq.

 

8. Agrees that a tenant shall pay a charge, fee or penalty for the late payment of rent in excess of twenty-five dollars ($25.00) if the monthly rent does not exceed $1,600 per month, or twenty-five dollars ($25.00) plus five percent (5%) of the monthly rent that exceeds $1,600. This paragraph shall also apply to a mobile homeowner who, as a tenant, rents a manufactured home lot in a mobile home park as the terms, “tenant”, “manufactured home” or “mobile home,” “lot,” and “mobile home park,” are defined or used in the Mobile Home Landlord and Tenant Rights Act, 765 ILCS 745 et seq.

 

9. Agrees that a tenant shall receive a discount in excess of five percent (5%) of the monthly rent or fifty dollars ($50) per month, whichever is lower, if the tenant pays rent before a specified date or within a specified time period in the month. 

 

10. Agrees that the housing provider shall not impose a fee in excess of the reasonable cost of that expense, including, but not limited to, credit check fees, application fees, and move-in fees. A housing provider shall not rename a fee or charge to avoid application of this prohibition.

 

11. Agrees to limit a tenant’s right to contact law enforcement or emergency assistance or to penalize a tenant for contacting law enforcement or emergency assistance.

 

(B) A provision prohibited by subsection (A) of this section included in a rental agreement is unenforceable. If a housing provider knowingly and willfully uses a rental agreement containing any provision known by the housing provider to be prohibited, the tenant may recover actual damages or two (2) months' rent, whichever is greater, and reasonable attorney fees.

 

(C) The provisions provided in Section 5-3-3-3(A) apply to new rental agreements starting on or after January 1, 2025. 

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5-3-4-3: ACCESS:         back to top

 

(A) The tenant shall not unreasonably withhold consent to the housing provider to enter the dwelling unit in order to: inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements (including where such work elsewhere in the building requires such access), supply necessary or agreed services, show the dwelling unit to prospective or actual purchasers, mortgagees, or workers, or show the dwelling unit to prospective tenants ninety (90) days or less prior to the expiration of the existing rental agreement. 

 

(B) The housing provider may enter the dwelling unit without consent of the tenant in case of emergency.

 

(C) The housing provider shall not abuse the right of access or use it to harass the tenant. Except in cases of emergency, or unless it is impracticable to do so, the housing provider shall give the tenant at least two (2) days' notice of the housing provider’s intent to enter and may enter only at reasonable times. An entry between 8:00 AM and 8:00 PM or at any other time expressly requested by the tenant shall be presumed reasonable. The housing provider shall provide this written notice directly to each dwelling unit by mail, telephone, or written notice or by other reasonable means designed in good faith to provide written notice to the tenant. If access is required because of repair work for common facilities or multiple apartments, a general written notice may be given by the housing provider to all potentially affected tenants that entry may be required. In cases where access is authorized due to an emergency the housing provider shall give the tenant written notice of entry within two (2) days after such entry.

 

[But what happens in case of abuse of access?  This section does not answer that question.  We have to look to another section to find out]

 

5-3-8-2: HOUSING PROVIDER AND TENANT REMEDIES FOR ABUSE OF ACCESS:

 

(A) If the tenant refuses to allow lawful access, the housing provider may obtain injunctive relief to compel access or terminate the rental agreement. In either case, the housing provider may recover damages and reasonable attorney fees.

 

(B) If the housing provider makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful, but which have the effect of harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct, or terminate the rental agreement. In each case, the tenant may recover an amount equal to not more than two (2) months' rent or twice the damages sustained by the tenant, whichever is greater, and reasonable attorney fees.

 

5-3-5-1: SECURITY DEPOSITS AND PREPAID RENT:

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(B) Upon termination of the tenancy, property or money held by the housing provider as security or prepaid rent may be applied to the payment of accrued rent and the amount of damages which the housing provider has suffered by reason of the tenant's noncompliance with section 5-3-4-1, all as itemized by the housing provider in a written notice delivered to the tenant together with the amount due twenty one (21) days after tenant has vacated the dwelling unit. Any security or prepaid rent not so applied shall be paid to the tenant within twenty one (21) days after tenant has vacated the dwelling unit. In the event the rental agreement terminates pursuant to Section 5-3-7-4(A)(1) of this chapter regarding housing provider’s wrongful failure to supply essential services, the obligations imposed on the housing provider pursuant to this subsection (B) shall be performed within forty eight (48) hours after the expiration of the seven (7) day written notice to the housing provider to restore service.

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(D) If the landlord fails to comply with subsection (B) of this section, the tenant may recover the property and money due him together with damages in an amount equal to twice the amount wrongfully withheld and reasonable attorney fees.

 

(E) This section does not preclude the landlord or tenant from recovering other damages to which he may be entitled under this chapter.

 

5-3-10: ATTACHMENT OF CHAPTER TO RENTAL AGREEMENT:

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(A) A summary of this chapter, describing the respective rights, obligations, and remedies of housing providers and tenants, shall be provided by the housing provider to the tenant along with the rental agreement for signature. A copy of such summary will be made available in multiple languages on the City of Evanston website.

 

(B) If the housing provider has violated Section 5-3-10(A), the tenant may terminate the rental agreement by written notice. However, the tenant may exercise the right to terminate the rental agreement pursuant to this section only if the tenant first gives the housing provider written notice of the housing provider’s breach and that the housing provider must remedy the breach within two (2) business days after the tenant delivered the written notice of breach. Said written notice of breach shall specify the date of termination of the rental agreement, not more than thirty (30) days from the date the written notice is delivered to the housing provider. The written notice provided for in this section may be delivered electronically if the parties’ have previously communicated electronically.  

 

(C) A model apartment lease agreement ("agreement"), as amended from time to time, and copies of all required disclosure documents shall be on file with the city clerk.