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HomeMy WebLinkAboutRESOLUTIONS-2000-004-R-00• 1 /19/00 4-R-00 A RESOLUTION Authorizing the Lease of the Apartment No. 1 Of the Municipal Center WHEREAS, the City of Evanston owns certain real property commonly known as the Evanston Municipal Service Center located at 2020 Asbury, Evanston, Illinois; and WHEREAS, the City Council of the City of Evanston has determined that it is in the best interests of the City that it retain the use of certain second floor space within said improved real estate, but that apartment no. 1 in the second • floor space is not required for the use of the City; and WHEREAS, John Sturtevant has proposed to lease apartment no. 1 in the second floor space at 2020 Asbury Avenue; and WHEREAS, the City Council has determined that the best interests of the City would be served by the leasing of said property to John Sturtevant, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Manager is hereby authorized and directed to sign, and the City Clerk hereby authorized and directed to attest on behalf of the City, a lease by and between the City as Lessor and John Sturtevant, Lessee, for apartment no. 1 of the Municipal Service Center for a term of one (1) year at a • rental of $661.00 per month, for the period of September 1, 1999 through 4-R-00 January 31, 2000, and $694.00 for the period February 1, 2000 through August 31, 2000. SECTION 2: That the City Manager is hereby authorized and directed to negotiate any additional conditions or terms on the lease of aforesaid property at as may be determined in the best interest of the City. SECTION 3: That this Resolution shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. Adopted: �, .i '2� �� , 2000 ATTCCT- Mayor • • is 0i • CITY OF EVANSTON - MODEL LEASE AGREEMENT LEASE SUMMARY DATE OF LEASE TERM OF LEASE TOTAL RENT PAYABLE SECURITY DECORATING FOR TERM MONTHLY DEPOSIT'' ALLOWANCE' BEGINNING ENDING 12:01 A.M. 12:01 A.M. 2/1/2000 8/31/2000 $8328.00 DATE ' VEAR DATE ' YEAR 'IF NONE, WRITE "NONE" TENANT John Sturtevant LIST ALL OCCUPANTS 7 / 17 / 4 2 (NAMES AND BIRTHDAYS): APARTMENT: 2020 Asbury ADDRESS OF East Unit 1 PREMISES: Evanston, IL 60201 TELEPHONE: $694.00 LANDLORD City of Evanston NAME(S): BUSINESS: 2100 Ridge Avenue ADDRESS: Evanston, IL 60201 TELEPHONE of Landlord or Agent: 24 Hour Telephone Number(s): This Agreement is made and entered into on the date ffrse shown above by and between Landlord and Tenant. Landlord and Tenant agreed together: Additional AGREEMENTS between Landlord and Tenant (if any) including repairs to be made, parking arrangements, storage facilities, renewal options: 1. If, during the term of this Lease, the employment of the Tenant with the City of Evanston is terminated for any reason, the lease term shall terminate 30 days from the tenant's last day of said employment. 2. The Evanston Housing Code restricts occupancy of the Unit to two (2) individuals. 3. One parking space is provided for this rental unit. Said parking space is located at the parking lot at the northeast corner of Leon Street and Asbury Street. 4. The tenant shall provide Watchman Service for the 2020 Asbury property (known as the Municipal Service Center). This Watchman Service shall consist of reporting all unusual circumstances immediately, and calling 911 Evanston Police Department. LEASE AGREEMENTS AND COVENANTS I. THE PREMISES. Landlord hereby leases to Tenant the apartment shown above (called the "premises') lo- cated at the address shown above, under the terms and conditions set forth below. 2. IDENTIFICATION OF OCCUPANTS, 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 and leased or to be leased under the rental agreement. The indi. vidual occupancy of the dwelling unit may not be changed without an amendment to the existing rental agree. ment reflecting the change in occupancy and shall in no case exceed.lhe maximum occupancy permitted else- where in the City Code for that size unit. 3. TERM OF LEASE AND RENT. Tenunt shall be entitled to occupy the premises for the term shown in the Lease Summary above and for a total rent as shown in the Lease Summary, payable by Tenant to Landlord on the first day of each month unless otherwise specified. Landlord shall give Tenant a written rent receipt for rent paid whenever requested. 4. UTILITIES. Landlord agrees to furnish the following services to Tenant: electricity, gas, water. heal, trash and garbage removal. For use on the premises of the following utilities Tenant will be billed directly and make payment to the utility company (specify) telephone. 5. PERSONS AUTHORIZED TO ACT ON BEHALF OF LANDLORD. The following person is authorized by the Landlord to manage the premises. located a, The following person is authorize to act on behalf of the Landlord for the purpose of service of process and for the purpose of receiving notices and demands located at If the information required in this paragraph is left blank the person who signs this Lease on behalf of the Landlord becomes an agent of each person who is a Landlord for service of process, receiving notices and de. mands, and for performing the obligations of the Landlord under this Lease and expending of making avail. able for that purpose all rent collected from the premises. The information required to be furnished by this paragraph shall be kept current. The terms of the paragraph extend to and are enforceable against any successor Landlord or manager. 6. CODE VIOLATIONS. Landlord agrees to provide to the Tenant in writing a list of code violations cited by the City of Evanston for the premises and common area of the premises at the time the TENANT initially enters into this lease or renewal thereof. If this information is not pros ided by the Landlord, the TENANT may pursue the remedies provided in paragraphs 14 and IS of this Lease. 7. FIXTURES. All cabinets, drapes, blinds and shutters, plumbing fixtures, electrical fixtures, refrigerators, ov- ens, stoves and all following fixtures and furniture now on the premises (specify, if any) are part of the pre- mises and leased at no extra charge to Tenant with the premises: 8. HEATING AND HOT WATER. Landlord shall furnish to and for the use of Tenant, in fixtures on the pre- mises provided for such purpose by Landlord and no other fixtures, hot and cold water in radiators or other fixtures on the premises, and a reasonable amount of heat at reasonable hours at least as required by the ap- plicable municipal code. 9. USE OF PROPERTY. Tenant shall use the premises for residential purposes only, unless otherwise agreed. 10. SECURITY DEPOSIT. a. Upon execution of this agreement, Tenant shall pay Landlord security deposit equal to the security deposit shown in the Lease Summary unless such security deposit is equal to one and one-half '(1 1/2) month's rent. If the Landlord requires a security deposit in excess of one month's rent, that portion in excess of one month's rent at the election of the Tenant, shall be paid either at the time the Tenant pays the initial secu- _ rity deposit, or shall be paid in no more than six equal installments no later than six months after the effec- tive date of the lease. Interest on that portion of a security deposit exceeding one month's rent, if paid in in- stallments, shall not be computed until all installments are paid to the Landlord. b. Upon termination of the Tenancy, property or money held by the landlord as security or pre -paid rent may be applied to the payment of accrued rent and the amount of dumages which the Landlord has suffered be reason of the Tenant's noncompliance with paragraph 12 hereof, all as itemized by the Landlord in a written notice delivered to the Tenant together with the amount due twenty-one (2 1) days after Tenant has vacated his unit. If the Landlord fails to comply with the provisions herein, 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's fees. 11. INTEREST ON SECURITY DEPOSITS, The Landlord who receives security or prepaid rent from a Ten- ant shall pay interest to the Tenant computed from the date of deposit at a rate of five percent 0%) per year and within shiny (30) days after the end of each twelve-month rental period, pay to the Tenant any such in- terest by cash or credit, to be applied to rent due, except when Tenant is default under the terms of this lease. (Roof Parking) 12. ENTRY BY LANDLORD. a. The Tenant shall not unreasonably withhold consent to the Landlord to enter the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, ulterations or improvements, supply necessary or agreed services or show the dwelling unit to prospective or actual purchasers. mortgagees, Ten- ants or workmen. b. The Landlord may enter the dwelling unit without consent of the Tenant in case of emergency. The Land- lord shall not abuse the right of access or use it to harass the Tenant Except in cases of emergency, or un- less it is impractical to do so, the Landlord shall give the Tenant at least two (2) days notice of his intent to enter and may enter only at reasonable times. 13. ADDITIONAL TENANT OBLIGATIONS. Tenant shall: a. Comply with all obligations imposed upon Tenant by provisions of the codes applicable to the dwelling unit. b. Keep that pan of the premises that he occupies and uses as safe as the condition of the premises permits. c. Dispose from his dwelling all ashes, rubbish, garbage and other waste in a clean and safe manner. d. Keep all plumbing fixtures in the dwelling unit or used by the Ten -am as clean as their condition permits. e. Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilation, uirconditioning and other facilities and appliances, including elevators, in the premises. f. Not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises or knowingly permit any person to do so. g. Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbor's peaceful enjoyment of the premises. It. Not engage in or permit the unlawful selling, possession, serving, storage, deliverance. manufacture, cul. tivation, giving away or use of any controlled substance; prostitution; or gambling on the leased premises. 14. ADDITIONAL LANDLORD OBLIGATIONS. a. Landlord shall maintain the premises in substantial compliance with the applicable codes of the City of Evanston and shall promptly make any and all repairs necessary to fulfill this obligation. b. The Landlord andtenant of any dwelling unit may agree that the Tenant is to perform specified repairs, maintenance tasks, alterations or remodeling only if: the agreement of the parties its entered into in good faith and not for the purpose of evading the obligations of the Landlord and is set forth in a separate writ. ing signed by the parties and supported by adequate consideration: and the agreement does not diminish or affect the obligation of the Landlord to other Tenants in the premises. 15. TENANT'S REMEDIES FOR LANDLORD'S NONCOMPLIANCE WITH LEASE, a. If there is a material noncompliance by the Landlord with the terms of this Lease the Tenant may deliver a written notice to the Landlord specifying the breach and that the rental agreement will terminate on a date not less than thirty (30) days after receipt of the notice, or, in the case of owner -occupied dwelling units containing two or fewer morning units, upon a date not less than forty-eight (48) hours after receipt of the notice unless the breach is remedied by the Landlord prior to the expiration of the notice. If the breach is not remedied prior to the expiration of the notice, the rental agreement shall terminate as provided in the notice. The Tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the Tenant, a member of his family, or other person on the premises with his consent. b. The Tenant may recover damages and obtain injunctive relief for uny material noncompliance by the Land- lord of this Lease. If the Landlord noncompliance is willful, the Tenant may recover reasonable anorney's fees. c. If the rental agreement is terminated, the Landlord shall return all security and interest and all prepaid rant. 16. TENANT'S REMEDIES: SELF HELP FOR MINOR DEFECTS AND RENT WITHHOLDINGS. a. With respect to any single violation, the Tenant may choose either the remedy in subsection (1) or the rem. edy in subsection (2) but not both. (1) If the Landlord fails to comply with the terms of this Lease, and the reasonable cost of compliance is less than two hundred dollars (5200.00) or an amount equal to one-half of the monthly rent, whichever amount is greater, the Tenant may recover damages for the breach under 14b or may no. tify the Landlord in writing of his intention to correct the condition at the Landlord's expense. If the Landlord fails to comply within fourteen (14) days after being notified by the Tenant in writ- ing or as promptly as conditions require in case of emergency, the Tenant may have the work done in a workmanlike manner and after submitting to the Landlord a receipted bill from an appropri. ate tradesman, deduct from his rent the amount thereof, not exceeding the limits specified in this subsection, provided that the Tenant has fulfilled his affirmative obligations under paragraph 12 of this Lease. (2) If the Landlord fails to comply with the terms of this Lease, the Tenant may where the condition has been cited as a code violation by the City of Evanston, notify the Landlord in writing of the Tenant's intention to withhold from the monthly rent an amount which reasonably reflects the reduced value of the premises. If the Landlord fails to correct the condition within fourteen (14) days after being notified by the Tenant in writing, the Tenant may, during the time such failure continues, deduct from the rent the stated amount. b. A Tenant may not repair at the Landlord's expense or withhold rent under this paragraph if the condition was caused by the deliberate or negligent actor omission of the Tenant, a member of his family, of other person on the premises with his consent. c. Before correcting a condition affecting facilities shared by more than one dwelling unit, the Tenant shall notify all other Tenants sharing such facilities of his plans, and shall so arrange the work as to create the lease practicable inconvenience to the other Tenants. 17. TENANT'S REMEDIES FOR LANDLORD'S FAILURE TO SUPPLY ESSENTIAL SERVICES. a. If, contrary to paragraphs 3 and 7 of this Lease, the Landlord fails to supply heating, running water, hot ,,water, electricity, gas, or plumbing the Tenant may give written notice to the landlord, specifying the breach and after such notice may: (1) Procure reasonable amounts of heat, hot water, running water, electricity. gas or plumbing during the 1 period of the Landlord's noncompliance and deduct their cost from the rent. (2) Recover damages based upon the diminution in the fair rental value of the dwelling unit and reason- able attorney's fees. (3) Procure substitute housing during the period of the Landlord's noncompliance in which case the Tenant is excused from paying housing up to an amount equal to the monthly rent for the period of the Landlord's noncompliance. The Tenant may recover the cost of reasonable value of the substitute rent and reasonable attorney's fees. b. If the Tenant proceeds under this paragraph, he may not proceed under paragraphs 14 and 15 for that breach. c. The Tenant may not exercise his rights under this paragraph if the condition was caused by the inability of a utility supplier to provide service or by the deliberate or negligent act or omission of the Tenant, a member of his family, or other person on the premises with his consent. 18.TENANT'S REMEDIES FOR LANDLORD'S FAILURE TO DELIVER POSSESSION OF PRE- MISFS. a. If a Landlord fails to deliver possession of the dwelling unit to the Tenant in compliance with the terms of this Lease, rent abates until possession is delivered and the Tenant may: (1) Upon at least five (5) days written notice to the Landlord, terminate the rental agreement and upon ter- mination the Landlord shall return all prepaid rent and security or (2) Demand performance of the rental agreement by the Landlord and, if the Tenant elects, maintain an action for possession of the dwelling unit against the Landlord or any person wrongfully in possession and recover,ihe damages sustained by him. b. If a person's failure to deliver possession is willful, an aggrieved person may recover from that person wrongfully in possession an amount not more than two (2) months' rent or twice the actual damages sus- tained by him, whichever is greater, and reasonable attorney's fees. 19. TENANT'S REMEDIES FOR LANDLORD'S UNLAWFUL INTERRUPTION OF TENANCY. a. If a Landlord or any person acting at his direction violates paragraph 31 of this Lease, the Tenant shall have the right to terminate the rental agreement by sending the Landlord written notice of his intention to termi- nate within three (3) days of the violation. If the rental agreement is terminated, the Landlord shall return a{{ security deposits, prepaid rent and interest in the Tenant in accord with paragraphs 9 and 10 of the Lease. a Tenant in a civil legal proceeding against the Landlord establishes that a violation of paragraph 31 of is Lease has occurred he shall be entitled to recover possession of his dwelling unit or personal property d shall recover an amount equal to not more than two (2) months' rent or twice the actual damages sus - tried by him, whichever is greater, and reasonable attorney's fees. A Tenant may pursue any civil remedy for violation of paragraph 31 of this Lease regardless of whether a fine has been entered against the Land- lord pursuant to Section 5-3-12-3 of the Evanston Residential Landlord and Tenant Ordinance. 20. LANDLORD'S NONCOMPLIANCE AS DEFENSE TO ACTION FOR POSSESSION OR RENT. In an action for possession based upon nonpayment or rent or in an action for rent where the Tenant is in pos- session, the "tenant may counterclaim for any amount which he may recover under the terms of this Lease. If the defense or counterclaim by the Tenant is without merit, the Landlord may recover reasonable attorney's fees, In an action for rent where the Tenant is not in possession, the Tenant may counterclaim as provided herein. 21. LANDLORD AND TENANT REMEDIES FOR ABUSE OF ACCESS. a. If the Tenant refuses to allow lawful access, the Landlord may obtain injunctive relief to compel access or terminate the rental agreement. In either case. the Landlord may recover damages and reasonable attorneys fees. h. If the Landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated de- mands for entry otherwise lawful, but which have the effect of harassing the Tenant, the Tenant may obtain zunch,c relief to prevent the iccurrence of the conduct, or terminate the rental agreement. In each case, Tenant may recover ari amount equal to not more than two (2) months' rent or twice the damages sus. [allied by him, whichever is greater, and reasonable attorney's fees. 22. LANDLORD'S REMEDIES FOR TENANT'S NONCOMPLIANCE WITH LEASE OR FAILURETO PAY RENT. a. Inhere its a material noncompliance by the Tenant with the terms of this Lease, the Landlord may debverim of this Lease, the Landlord may deliver wnuen notice to the Tenant specifying the acts and omissions con- stituting the hreach and that the rental agreement will terminate upon a date not less than thirty (301 clays alter receipt of the notice, or, In the case of owner -occupied dwelling units containing two or fewer rooming units, upon a date not less than forty-eight (48) hours after receipt of the notice, unless the breach is rem- edied by the Tenant prior to the expiration of the notice. If the breach is not remedied prior to the expira- tion of the notice, the rental agreement shall terminate as provided in the notice. b. if the rent is unpaid when due and the Tenant fails to pay the unpaid rent within tell (10) days, or, in the case of owner -occupied dwelling units containing two or fewer rooming units, within forty-eight (48) hours after receipt of -men nonce be the Landlord of his/her mienuon to terminate the rental agreement if the rent is not sit pond. she L;mdioid noa) icrm:r.:dc the rental agreement. 6•repr ,is !n nvidnl herein, the L andloid snip reci ,er damages and obtain injunctive relief fur any noncom- pi:amcc !.; fine Tenarm with ahc. tern; of"ihin Lease. If the l'rn;m('s noncompliance it wi!II1J, the L;utdluul n, v !eco,rr n•,o-, r.„tile an Ui ni.)'> Ic•C.L, 23. LANDLORD'S REMEDIES FOR TI'NANT S F'Al1.URETO MAINTAIN. It there is material noncom- pliance by the Tenant with paragraph 12 or this Lease and Tenant fails to comply as promptly as conditions per- mit in case of emergency or within fourteen (14) days of receipt of written notice by the Landlord specify ig the breach and requesting that the Tenam remedy it within that period of time, the Landlord may enter the dwelling unit and have the work done in an workmanlike manner and submit a recelpted bill from an apple- prtate tradesman for the cost thereof as rent on the next day when rent is due, or if the rental agreement hus t t terminated, roe immediate payment, provided that the Landlord has fulfilled his aflinnative obligations paragraph 5 and 13 of this Leaw. 2 EASES, LANDLORD'S REMEDIES IF TENANTABANDONS PREMISES. If the Tenant aban- te dwelling unit, the Landlord shall make good faith effort to rent it at a fair rental. This shall include JceeplanCe of reasonable subleases. If the Landlord succeeds in renting the dwelling unit at a fair rental, the Tenant chill he liable for the amount by which the rent due from the date of abandonment to the termination of the initial rental agreement exceeds the fair rental subsequently received by the Landlord from the date of ahandoment to the termination of the initial rental agreement. if the Landlord makes a good faith effort to rent the dwelling unit in a fair rental and is unsuccessful, the Tenant shall he liable for rent due for the period of the rental agreement. In either event. the Tenant shall be liable for the advertising expenses and reasonable redeco- ration costs incurred by the landlord in rerenting the dwelling unit. 25. LANDLORD'S RF.MF.DIES FOR TENANT'S HOLDING OVER. If the Tenant remains in possession without the Landlord's consent, afterexpitauon of the term of the base or its termination, the Landlord may bring an action for possession and if the Tenant's holdover its willful, the Landlord in addition may recover art amount not more than two (2) month's periodic rent or twice the damages sustained by him, whichever is greater, and reasonable attorney's fees. If the Landlord consents to the Tenant's continued occupancy, the ten- ancy shall be week-lo-week in the case of a Tenant who pays weekly rent, and in all other cases month -to - month. 26. LANDLORD'S REMEDIES REGARDING PROPERTY ABANDONED BY TENANT. a Except as otherwise agreed, if upon termination of a tenancy (other than by an order of a court of compe- tent jurisdiefion) including, but not limited to a termination after expiration of a lease or by surrender or aban- donment of the premises, a Tenant has left personal property on the premises, and the Landlord reasonable be- heves that the Tenant has abandoned such personal property, the Landlord may: (1) Notify the Tenant in writing of his demand that such property be removed within the dales set forth in such notice (but not less than 15 days after delivery or mailing of such notice), and that if such prop- erty is not removed within the time specified in such notice, the Landlord may sell the property at a public sale or at a commercially reasonable private sale. The proceeds, less reasonable costs incurred by such sale or storage of property shall be held by the Landlord for the Tenant for one year. If the Tenant does not claim the proceeds within one year, the proceeds shall be the property of the Landlord. (2) If the Tenant has left personal property which is reasonably determined by the Landlord to be value- less or of such little value that the cost of storing and conducting a sale would probably exceed the amount that would be realized from such sale, the Landlord may notify the Tenant in writing that such property be removed by the date specified in such notice (but not less than 15 days after delivery or mailing of such notice) and that if such property is not removed within the time specified, the Land- lord intends to destroy or otherwise dispose of the property. If the property is not removed within the time specified in the notice, the Landlord may Jeshoy or otherwise dispose of the properly. (3) The notice shall indicate his election to sell specific items of the Tenant's personal property and to de- stroy or otherwise dispose ofthe remainder of said property. b. For purposes of this paragraph "abandonment" shall mean that the Tenant has vacated the premises, and that his rent is in default and that notice by the Landlord to terminate the rental agreement as provided in para- graph (21 b) has expired. After sending written notice is provided in subsection (a), the Landlord shall store all personal property of the Tenant in a place of safekeeping and shall exercise reasonable care of the prop- erty, hill shall not he I rsponsihle to the Tenant fin any loss not caused by the Landlord's deliberate or neg- ligent act or omission. The Landlord may elect to store the property in or about the previously vacated Inc- mises. In such case, the, storage shall not exceed common: ially reasonable storage rates. If the Tenant's prop- cny is removed to it commercial storage company, the storage cost shall include actual charge la such stor- d removal from the firenuses "'the place of storage. cj .andlorJ's ounce under sobseetiuns (a) if The Tenant makes timely respuns'e in writing of his mucn remove the personal property from the premises and Joes nado so within the times specltied in die rd's notice or within shiny (?0) days otitis dchveiy or matting of the Tenant's written response nr a usually agreeable dote (whichever is later). II sh:dI he roncluxivehy presumed that he has abandoned such property. In the eccn! the Tenant removes the property after notice, the Landlord shall be entitled to the post of stnrarc for the period the property has remained in his safekeeping. it, Any public sale, authorized under the provisions of this paragraph shall be cunducleid pursuant in jaw in such instances made and provided. 7.1.IM1T'A'rLON OF LANDLORD'S LIABILITY. a. Unless oaf, tin isc a_Uced, a Landlord w hit sells the ptemt•ts is relieved of liability under the Lease for events "'cur..... .uh,c•yue^m :,o iiuen none_ in rhe'f� ram of the s:dc. However, he r_manic !mhlc in 4hr.'Ic:rant io a ;in, n prnpcv and money to which the'Ten:mi s ent:lled undet paragrtphn 9 and 10 of this L.eaws died all prcpaid lent. tin lees the Tenani cce,ves written noh.c flat such progeny, money and prepaid rent hate been transferred to the buyer, and that the buyer has accepted liability for such property, money and prepaid rent. b. Unless otherwise agreed, the managerof the premises is relieved of liability under this Lease for evens oc- curring after written notice to the Tenant of the termination of his management. 28. LEAD DISCLOSURE REQUIREMENTS. Landlords subject to this Ordinance must follow all applicable state and federal regulations regarding lead poisoning and must specifically: a. Provide all prospective and current lessees with a copy of the current, approved U.S. Environmental Pro- tection Agency federal pamphlet on lead -based paint disclosure. b. Disclose any known lead hazards. 29. WAIVER OF LANDLORD'S RIGHT TO TERMINATE LEASE. Acceptance of rent with knowledge of a default by the Tenant, or acceptance of performance by him that vanes from the terms of the rental agree- ment or rules or regulations subsequently adopted by the Landlord constitutes a waiver of his rights to ter. s .1. minate the rental agreement for that breach, unless otherwise agreed after the breach has occurred. 30. A FIRE OR CASUALTY DAMAGE. a. If the dwelling or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the dwelling unit is substantially Impaired, the Tenant may: (1) Immediately vacate the premises and notify, the Landlord in writing within founeen (14) days there- after of his intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating, or (2) If continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the Tenant's liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit. b. if the rental agreement is terminated, the Landlord shall return all security recoverable under paragraphs 9 and 10 of this Lease and all prepaid rent. Accounting for rent in the event of termination or apportion- ment shall be made as of the date of the fire or casualty. c. A Tenant may not exercise remedies in this paragraph if the fire or casualty damage was caused by the de- liberate or negligent act of the Tenant, a member of his family, or a person on the premises with his con- sent. 31. NOTICE OF REFUSAL TO RENEW RENTAL AGREEMENT. a. If the rental agreement will not be renewed of if a month -to -month tenancy will be terminated, the Land- lord shall notify the Tenant in writing thirty (30) days prior to the termination date, b. If the Landlord fails to give the required written notice, the Tenant may remain in his dwelling for two (2) months, commencing on the date the written notice is received by the Tenant. During such period, the terms and conditions of the tenancy shall be the same as the terms and conditions during the month of tenancy immediately preceding the notice. 32. RETALIATORY CONDUCT PROHIBITED. a. Except as provided in this paragraph 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 be- cause the Tenant has: (1) Complained in good faith of a code violation to a government agency charged with the responsibil- ity for the enforcement of such codes. (2) Complained to the Landlord of a violation under paragraphs 5 and 13 of this Lease. (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 Lease. b. If the Landlord acts in violation of subsection (a) 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 and 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 paragraph 9 and 10 of this Lease and all prepaid rent. In an action by or against (lie Tenant, if there is evidence of a com- plaint within one year prior to the alleged act of retaliation, it may he presumed that the Landlord's con- duct was retaliatory. The presumption does not anse if the Tenant made the complaint after notice of a pro- posed rent increase. c. Not withstanding subsections (a) and (b) a Landlord may bring an action for possession if: (1) T'he violation of a code was caused primarily by lack of care by the Tenant, a member of his family or other person on premises with his consent, or (2) The Tenant is in default in rem, other than a purported defatdt under paragraph I5 of this Lease. 33. UNLAWFUL INTERRUPTION OF TENANCY BY LANDLORD PROHIBITED. a. The Landlord or any person acting at his direction shall not knowingly oust or dispossess or attempt to oust or dispossess any Tenant from a dwelling unit without authority of law, by plugging, changing, adding or removing any lock or latching device, or by blacking any entrance into said unit, or by removing any door or window from said unit, or by interfering with the services to said unit, including, but not limited to, electricity, gas- hot water, plumbing, heat or telephone service, or by removing a Tenant's personal prop- erty from said unit, or by the use of force or threat of violence, injury or force to a Tenant's person or prop- eny; or by any other act rendering a dwelling unit or any part thereof or any personal property located therein inaccessible or uninhabitable. b. The provisions of subparagraph (a) shall not apply where (1) The Landlord acts in compliance with the laws of Illinois pertaining to forcible entry and detuincr and engages the Sheriff of Cook County to forcibly evict; i.Tenanl or his personal property, or (2) The Landlord acts in compliance withe the laws of Illinois pertaining to distress for rent, or (3) The Landlord acts pursuant to court order, or (4) The Landlord interferes temporanly with possession only as nccessarp to made needed repairs or tit spection and only as provided by law, or (s) The Tenants have a ngin to possession of the dwelling writ h„yc been absent Ihetchorn lot lhiny (30, nmsecumve drys without advising the Landlord of such ❑bsence tit their intent to teturn , urrenl rent is lhiriv (30) or more days overdue, and after diligent inquiry the Landlnrd has season to believe that "Tenants have abandoned the premises and do not intend tii return. 34. RULES AND REGULATIONS. a. The Landlord, from time to time, may adopt general rules or regulations concerning the Tenant's use ant occupancy of the premises. They are enforceable only if: (1) Their purpose is to promote the convenience, safety and welfare of the Tenants in the premises, pie. serve the Landlord's property from abusive use or make a fair distribution of services and facilities among Tenants. (2) They are reasonably related to the purpose for which they are adopted. (3) rhey apply to all Tenants in the premises in a fair manner. (4) They are sufficiently explicit in fairly inform the Tenant of what he must or must not do to comply. (5) They are not for the purpose of evading the obligations of the Landlord, and (6) The Tenant bus notice of them at the time he enters into the rental agreement. (7) A rule or regulation adopted after the Tenant enters into the rental agreement that substantially modi- fies his bargain is not enforceable unless the'renant consents to it in writing. h. The following rules and regulations shall be pan of this agreement. DELIVERY OF RESIDENTIAL. LANDLORD ANDTENANT ORDINANCE. As of the date of the printing of this lease form, the lease, when fully executed, shall satisfy Section 5-3-10 of the City Cade which requires the Landlord to attach a copy of the City of Evanston Residential Landlord and Tenant Ordinance to each written rental agreement. WITNESS the signatures of the parties hereto, as of the first date appearing above. LANDLORD TENANT NOTE: Both Landlord and'fenant should initial each page of any typed or bandwritlen attachments in this Agreement. and each rind, cli-Od r ,iin.vn fLn„ ....•.•..,..., ._:. ".,