HomeMy WebLinkAboutORDINANCES-1975-079-O-7579-0-75
AN ORDINANCE
Amending Certain Sections of Chapter 23-1/2
of the Code of the City of Evanston, 1957,
Establishing Rights and Obligations of Landlords
I and Tenants in Relation to Residential Property
WHEREAS, the City Council of the City of Evanston, Illinois adopted an
Ordinance Establishing the Rights and Obligations of Landlords and Tenants in
Relation to Residential Property within the City of Evanston on March 17, 1975;
a and
s r
WHEREAS, the aforesaid City Council,is desirous of clarifying its
intent with regard to those portions of the ordinance dealing with the duty of
a landlord to pay interest to the tenant on security or prepaid rent received by
said landlord; and
WHEREAS, it is the opinion and intention of the City Council that the
amendments made in Section 1 herein with respect to interest paid on said
security deposits and prepaid rent are of a clarifying nature and are not
intended to change the ordinance in any way except that portion of Section
23-1/2-3.101 which provides for an increase in interest to five per cent (5%):
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
T EVANSTON, COOK COUNTY, ILLINOIS:
,f
SECTION 1: That the present Subsections (a) and (b) of Section 23-1/2-
' 3.101 of the Code of the City of Evanston, 1957, as amended,
- be deleted, and the following Subsections be inserted in lieu thereof:
�aV �
;q "Section 23-1/2-3.101 - Security Deposits and Prepaid Rent:
(a) A landlord may not demand or receive security or prepaid rent or
any combination thereof in an amount in excess of one and one-half
t
month's rent; provided, however, that rent paid on the first day of
- the month or upon any other day mutually agreed upon by the parties,
due and payable in
advance for that month, shall not be
construed herein
as either security
or prepaid rent and therefore shall not
be included
:•
in the computation
of the aforesaid one and one-half month's
rent.
r�
(b) The landlord
who receives security or prepaid rent
from a tenant
l
shall pay interest
to the tenant computed from the date
of deposit at
i ,.'
a rate of four per
p
cent 4%
( ) per year, and five per cent
°
(5/) per year
after January 1, 1976,
and within thirty (30) days after
the end of
f
.w
t� ___
-2-
each twelve-month rental period, pay to the tenant any such.interest
by cash or credit, to be applied to rent due, except when the tenant
is in default under the terms of the rental agreement."
SECTION 2: That Section 23-1/2-5.103 of the Code of the City of Evans-
ton, 1957,, as amended, be and hereby is, further amended to
read as follows:
"Section 23-1/2-5.103 - Attachment of Ordinance to Rental Agreement:
A copy of this Ordinance shall be attached to each written rental
i
agreement delivered by or on behalf of a landlord when any such agreement
is initially offered to any tenant or prospective tenant whether such
agreement is for a new rental or a renewal. Where there is an oral
agreement, the landlord shall give a copy of the Ordinance to the tenant."
SECTION 3: This ordinance shall be in full force and effect from and
after its passage, approval and publication in the manner
provided by law.
ntroduced _5(.MM $Z# Gi , 1',)75
dopted a't osit / 5
ATTEST:
#P�
City Clerk
, 1975
Approved de-rasct
y �(1/>
Approved as to form: --(�..
' "'Corporation -Counsel-%
NO
t
1975