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HomeMy WebLinkAboutORDINANCES-1975-019-O-75r.. Adopted as amended March 17, 1975 19-0-75 AN ORDINANCE Adding Chapter 23-1/2 to the Code of the City of Evanston, 1957, establishing Rights and Obligations of Landlords and Tenants in Relation to Residential Property BE IT ORDAINED BY THE CITY COUNCIL•OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: ARTICLE I GE14ERAL PROVISIO14S AND DEFINITIONS Part 1 Title, Purpose, and Construction of the Ordinance Section 23-1/2-1.101 - Short Title. This Ordinance shall be known and may be cited as the "Residential Landlord and Tenant Ordinance". Section 23-1/2-1.102 - Purpose and Declaration of Policy. It is the purpose of • this Ordinance and the policy of the City of Evanston, in order to pro- tect and proi.iote the public health, safety and welfare of the citizens in the City, to establish rights and obligations of the landlord and the tenant in the rental of dwelling units and to encourage the landlord and the tenant to maintain and improve the quality of housing. Section 23-1/2-1.103 - Construction. This Ordinance shall be liberally con- strued and applied to promote its purposes and policies. Section 23-1/2-1.104 - Severability. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or application of this Ordi- nance, which can be given effect without the invalid provision or appli- cation. Part II Scope of the Ordinance Section 23-1/2-1.201 - Territorial Application. This Ordinance applies to, regulates, and determines rights, obligations, and remedies under a rent- al agreement, wherever made, for a dwelling unit located within the City. Section 23-1/2-1.202 - Exclusions. Unless created to avoid the application of this Ordinance, the following arrangements are not governed by this Ordi- nance: 19-0-75 -2- .(a.). Residence at a public or pr ivate:medical, geriatric, educational or, religious institution; rr (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. Part III General Definitions and Principles of Interpretation Section 23-1/2-1.301 - General Definitions. Subject to additional definitions contained in subsequent sections of this Ordinance: (a) "Action" includes recoupment, counterclaim, setoff, suit in equity, and any other proceeding in which rights are determined, including • an action for possession: (b) "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. (c) "Common Area" includes a part or area of the premises not within any dwelling unit. (d) "Dwelling Unit" means 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. (e) "Fair Rental Value" means the prevailing value for comparable rental units in the City of Evanston. (f) "Landlord" means the owner, lessor or sublessor of the dwelling unit or the building of which it is a part. An owner is one or more per- sons, jointly or severally, in whom is vested all or part of the le- gal 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. (g) "Person" includes an individual or a corporation, government, govern- mental subdivision or agency, business trust, estate, trust, part- nership, or association or any,.other legal or commercial enti.ty. 19-0-75 0 • i • -3- (h) "Premises" means 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. (i) "Rent" means all payments to be made to the landlord under the rental agreement. (j) "Rental Agreement" means all agreements, written or oral, and valid rules and regulations adopted under Section 2.102 embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises. (k) "Tenant" means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others. Section 23-1/2-1.302 - Unconscionability. If the court finds the rental agree- ment, or a settlement in which a party waives or agrees to forego a claim or right under this Ordinance or under a rental agreement, to have been unconscionable when made, the court may grant the following relief: (a) Nonenforcement; or (b) Nonenforcement of the unconscionable provision only; or (c) Limit the application of any provision to avoid an unconscionable result. Section 23-1/2-1.303 - Notice. A person has notice of a fact if: (a) He has actual knowledge of it; (b) He has received notice of it; or (c) From all the facts and circumstances known to him at the time in question, he has reason to know that it exists. A person gives no" tice 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. Part IV General Provisions Section 23-1/2-1.401 - Terms and Conditions of Rental Agreement: (a) The landlord and tenant may include in a rental agreement terms and conditions not prohibited -by this Ordinance and other rule of law including rent, term of the agreement, and other provisions govern- • i 19-0-75 Me ,ing the rights and obligations3.of the parties... .. _ (b) .J n the absence of agreement, the tenant shall pay as rent...the fair rental value for the use and occupancy of the dwelling 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 snail ue 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. Section 23-1/2-1.402 - Effect of Unsigned or Undelivered Rental Agreement: (a) If the landlord does not sign and deliver a written rental agreement. signed and delivered to him by the tenant, acceptance of rent without reservation by the landlord gives the rental agreement the same ef- fect as if it had been signed and delivered by the landlord, for the term set forth in the rental agreement. (b) If the tenant does not sign and deliver a written rental agreement, signed and delivered to him by the landlord, acceptance of posses - lion and payment of rent without reservation gives the rental agree- ment the same effect as if it had been signed and delivered by the tenant. (c) If a rental agreement given effect by the operation of this Section provides for a term longer than one year, it is effective for only one year. Section 23-1/2-1.403 - Prohibited Provisions in Rental Agreements: (a) Except as otherwise provided by this Ordinance, no rental agreement may provide that the tenant or the.landlord: (1) Agrees to waive or to forego rights or remedies under this Ordinance; (2) Authorizes any person to confess judgment on a claim arising out. 19-0-75 -5- 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) included in a rental agree- ment 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 months' rent and reasonable attorney's fees. ARTICLE II TENANT OBLIGATIONS Section 23-1/2-2.101 - Tenant to Maintain Dwelling Unit. The tenant shall: (a) Comply with all obligations imposed upon tenants by provisions of • the codes applicable to the dwelling unit; (b) Keep that part of the premises that he occupies and uses as safe as ' the condition of the premises permits; (c) Dispose from his dwelling unit 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- ant as clean as their condition permits; (e) Use in a reasonable manner all electrical, plumbing, sanitary, heat- ing, ventilating, air-conditioning and other facilities and appli- ances, 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; and (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. Section 23-1/2-2.102 - Rules and Regulations: t (a) The landlord from time to time may adopt general rules or regula- tions concerning the tenant's use and occupancy of the premises. 19-0-75 0 They are enforceable only if: 1(1) Their purpose is to promote the convenience, safety ortwelfare of the tenants in the premises, preserve the landlord's proper- ty from abusive use, or make a fair distribution of services and facilities among the tenants; (2) They are reasonably related to the purpose for which they are adopted; (3) They apply to all tenants in the premises in a fair manner; (4) They are sufficiently explicit to 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 has notice of them at the time he enters into the rental agreement. (b) A rule or regulation adopted after the tenant enters into the rent- al agreement that substantially modifies his bargain is not enforce- able unless the tenant consents to it in writing. Section 23-1/2-2.103 - Access: (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, alterations, or improve- ments, supply necessary or agreed services or show the dwelling unit to prospective or actual purchasers, mortgagees, tenants, or workmen.. (b) The landlord may enter the dwelling unit without consent of the tenant in case of emergency. (c) The landlord shall not abuse the right of access or use it to har- ass the tenant. Except in case of emergency, or unless it is im- practicable to do so, the landlord shall give the tenant at least two days notice of his intent to enter and may enter only at reas- onable times. Section 23-1/2-2.104 - Tenant to Use and Occupy. 'Unless otherwise agreed, the tenant shall occupy his dwelling unit only as a dwelling unit. • 19-0-75 -7- ARTICLE III 1 LANDLORD OBL IGATIO14S Section 23-1/2-3.101 - Security Deposits and Prepaid Rent: (a) A landlord may not demand or receive security in an amount in ex- cess, of one and a half month's rent. (b) The landlord who receives security from a tenant shall pay interest ,,to the tenant computed from the date of deposit at a rate of four percent per year, and within thirty (30) days after the end of each 12-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. (c) Upon termination of the tenancy, property or money held by the land- lord as security or prepaid rent may be applied to the payment of accrued rent and the amount of damages which the landlord has suf- fered by reason of the tenant's noncompliance with Section 2.101, all as itemized by the landlord in a written notice delivered to the tenant together with the amount due twenty-one (21) days after ten- ant has vacated his unit. Any security or prepaid rent not so ap- plied, and any interest on such security due to the tenant, shall be paid to the tenant within twenty-one (21) days after tenant has vacated his unit. (d) If the landlord fails to comply with subsection (c), 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. (e) This Section does not preclude the landlord or tenant from recover- ing other damages to which he may be entitled under this Ordinance. Section 23-1/2-3.102 - Disclosure: (a) The landlord or any person authorized to enter into a rental agree- ment on his behalf shall disclose to the tenant in writing on or be- fore the commencement of the tenancy: , (1) The name, address, and 24-hour telephone number of the person authorized to manage the premises; and y 19-0-75 0 V� -8- (2) The name and address of the owner of the premises or the person authorized to act on behalf of the owner for the purpose of ser- vice of process and for the purpose of receiving notices and de- mands. (b) A person who fails to comply with subsection (a) becomes an agent of each person who is a landlord for: (1) Service of process and receiving of notices and demands; and (2) Performing the obligations of the landlord under this Ordinance and under the rental agreement and expending or making available for that purpose all rent collected from the premises, (c) The information required to be furnished by subsection (a) shall be kept current. Subsections (a) and (b) extend to and are enforceable against any successor landlord or manager. (d) Before a tenant initially enters into or renews a rental agreement for a dwelling unit, the landlord or any person authorized to enter into a rental agreement on his behalf shall disclose to the tenant in writing any code violations which have been cited by the City for the dwelling unit and common area. (e) If the landlord fails to comply with subsection (d), the tenant may pursue the remedies provided in Sections 4.201 or 4.203. Section 23-1/2-3.103 - Landlord to Maintain Fit Premises: (a) The landlord shall maintain the premises in substantial compliance with the applicable codes of the City of Evanston, and shall prompt- ly make any and all repairs necessary to fulfill this obligation. (b) The landlord and tenant of any dwelling unit may agree that the ten- ant is to perform specified repairs, maintenance tasks, alterations or remodeling only if: (1) The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord and is set forth in a separate writing signed by the parties and supported by adequate consideration; and, j (2) The agreement does not diminish or affect the obligation of the landlord to other tenants in the premises. 19-0-75 F_� • i PJ 10 Section 23-1/2-3.104 - Limitation of Liability: (a) Unless otherwise agreed, a landlord who sells the premises =is re- ';:lieved of.liability under the rental agreement and this Ordinance for events occurring subsequent to written notice to the tenant of the sale. However, he remains liable to the tenant for any property and money to which the tenant is entitled under Section 3.101 and al; prepaid rent, unless the tenant receives written notice that such property, money, and prepaid rent have been transferred to 'the buy- er, and that the buyer has accepted liability for such property, money, and prepaid rent. (b) Unless otherwise agreed, the manager of the premises is relieved of liability under the rental agreement and this Ordinance for events occurring after written notice to the tenant of the termination of his management. ARTICLE IV REMEDIES Part 1 Landlord Remedies Section 23-1/2-4.101 - Noncompliance with Rental Agreement; Failure to Pay Rent, (a) If there is a material noncompliance by the tenant with the rental agreement or with Section 2.101, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than forty-five (45) days after receipt of the notice, un- less the breach is not remedied by the tenant within thirty (30) days. If the breach is not remedied by the tenant within thirty (30' ,days, the rental agreement sha-11 terminate as provided in the notice, (b) If rent is unpaid when due, and the tenant fails to pay the unpaid rent within ten (10) days after written notice by the landlord of his intention to terminate the rental agreement if the rent is not paid within ten (10) days, the landlord may terminate the rental agreement. (c) Except as provided in this Ordinance, the landlord may recover dam- ages and obtain injunctive relief for any noncompliance by the ten- 19-0-75 0 U • -10- ant with the rental agreement or Section 2.101. If the tenant's ,",noncompliance i's willful, the1andlo"rd may recover reasonable attor- ney's fees. Section 23-1/2-4.102 - Failure to Maintain. If there is material noncompliance by the tenant with Section 2.101, and the tenant fails to comply as promptly as conditions permit in case of emergency or within fourteen (14) days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and have the work done in a workman- like manner and submit a receipted bill from an appropriate tradesman for the cost thereof as rent on the next day when rent is due, or if the rental agreement has terminated, for immediate payment, provided that the landlord has fulfilled his affirmative obligations under Section 3.102 (d) and Section 3.103 (a). Section 23-1/2-4.103 - Abandonment; Sub -Leases. If the tenant abandons the dwelling unit, the landlord shall make a good faith effort to rent it at a fair rental. This shall include the acceptance of reasonable subleases. If the landlord succeeds in renting the dwelling unit at a fair rental, the tenant shall be 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 abandonment to the termination of the initial rental agreement. If the landlord makes a good faith effort to rent the dwelling unit at a fair rental and is unsuccessful, the tenant shall be liable for the rent due for the period of the rental agreement. In either event, the tenant shall be liable for the advertising expenses and reasonable redecoration costs incurred by the landlord in re -renting the dwelling unit. Section 23-1/2-4.104 - Waiver of Landlord's Right to Terminate. Acceptance of rent with knowledge of a default by the tenant, or acceptance of perform- ance by him that varies from the terms of the rental agreement or rules or regulations subsequently adopted by the landlord, constitutes a waiver of his right to terminate the rental agreement for that breach, unless otherwise agreed after the breach has occurred. 19-0-75 Section 23-1/2-4.105 - Remedy after Termination. If the rental agreement is terminated, the landlord may have;46'claim for possession and for -'rent and a separate claim for damages for breach of the rental agreement and reasonable attorney's fees, as provided in Section 4.101 (c). Section 23-1/2-4.106 - Disposition of Abandoned Property: (a) Except as otherwise agreed, if, upon termination of a tenancy (other than by an order of a court of competent jurisdiction) including, but not limited to, a termination after expiration of a lease or by surrender or abandonment of the premises, a tenant has left personal property on the premises, and the landlord reasonably believes 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 dates set forth in such notice (but not less than fifteen (15) days after delivery or mailing of such - notice); and that if such property is not removed within the time specified, the property may be sold. If the property is not removed within the time specified in such notice, the land- lord may sell the property at a public sale or at a commerciall\' 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 wtihin one year, the proceeds shall be a the property of the landlord. (2) If the tenant has left personal property which is reasonably V determined by the landlord to be valueless 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 fifteen (15) days after delivery or mailing of such notice), and that if such property is not removed within the time specified, the landlord intends to destroy or other- wise dispose of the property. If the property is not removed L_. 19-0-75 • i -12- within the time specified in notice, the landlord may destroy or otherwise dispose of the property. v ',1(3) The notice shall indicate his election to sell specific items of the tenant's personal property and to destroy or otherwise dispose of the remainder. (b) For purposes of this Section "Abandonment" shall mean that the ten- ant 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 Section 4.101 (b) has expired. (c) After sending written notice, as 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 property, but shall not be responsible to the tenant for any loss not caused by the landlord's deliberate or negligent act or omission. The landlord may elect to store the property in or about the previously vacated premises. In such case, the storage shall not exceed com- mercially reasonable storage rates. If the tenant's property is re- moved to a commercial storage company, the storage cost shall . include the actual charge for such storage and removal from the premises to the place of storage. (d) After landlord's notice under subsection (a), if the tenant makes timely response in writing of his intention to remove the personal property from the premises and does not do so within the time spec- ified in the landlord's notice or within thirty (30) days of the de- livery or mailing of the tenant's written response or a mutually agreeable date (whichever is later), it shall be conclusively pre- sumed that he has abandoned such property. In the event the tenant removes the property after notice, the landlord shall be entitled to the cost of storage for the period the property has remained in his safekeeping. (e) Any public sale, authorized under the provisions of this Section, shall be conducted pursuant to law in such instances made and pro- vided. 19-0-75 L L%- • i -13- Part II Tenant Remedies Section 23-1/2-4.201 - Noncompliance by the Landlord: (a) If there is a material noncompliance by the landlord with the rental! agreement or with Section 3.102 (d) or Section 3.103, 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 forty-five (45) days after receipt of the notice if the breach is not remedied in thirty (30) days. If the breach is not remedied by the landlord in thirty (30) days, the rental agreement shall term- inate 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 prem- ises with his consent. (b) Except as provided in this Ordinance, the tenant may recover damages: and obtain injunctive relief for any material noncompliance by the landlord with the rental agreement or with Section 3.103. If the landlord's noncompliance is willful, the tenant may recover reason- able attorney's fees. (c) If the rental agreement is terminated, the landlord shall return all security and interest recoverable by the tenant under Section 3.101 and all prepaid rent. Section 23-1/2-4.202 - Failure to Deliver Possession: (a) If the landlord fails to deliver possession of the dwelling unit to the tenant in compliance with the rental agreement and Section 3.103 rent abates until possession is delivered and the tenant may: (1) Upon at least five days written notice to the landlord, termin ate the rental agreement and upon termination 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 the damages sustained by him. 19-0-75 -14- (b) If a person's failure to deliver possession is willful, an aggrieved ,.-.person may recover from that�.person wrongfully in possess-io:n an am- ount not more than two (2) months' rent or twice the actual damages sustained by him, whichever is greater, and reasonable attorney's fees. Section 23-1/2-4.203 - Self -Help for Minor Defects and Rent Withholdings: (a) With respect to any single violation the tenant may choose either the remedy in subsection (b) or the remedy in subsection (c) but not both. (b) If the landlord fails to comply with the rental agreement or with Section 3.103 (a) and the reasonable cost of compliance is less than two hundred dollars ($200.00) or an amount equal to one-half of the monthly rent, whichever amount is greater, the tenant may recover damages for the breach under Section 4.201(b) or may notify 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 writing 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 appropriate tradesman, de- duct from his rent the amount thereof, not exceeding the limits specified in this subsection, provided that the tenant has fulfilled his affirmative obligations under Section 2.101. (c) If the landlord fails to comply with the rental agreement or with Section 3.103(a), 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 prem- ises. If the landlord fails to correct the condition within four- teen (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. r (d) A tenant may not repair at the landlord's expense or withhold rent under this Section if the condition was caused by the deliberate or t, 19-0-75 a_ -15- negligent act or omission of the tenant, a member of his family; or LL other person on the premises.with his consent. ,"j (e). 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 least practicable inconvenience to the other ten- ants. Section 23-1/2-4.204 - Wrongful Failure to Supply Essential Services: (a) If, contrary to the rental agreement, the landlord fails to supply heat, running water, hot water, electricity, gas, or plumbing, the tenant may give written notice to the landlord, specifying the breaci and after such notice may: (1) Procure reasonable amounts of heat, hot water, running water, electricity, gas, or plumbing during the period of the land- , • lord's noncompliance and deduct their cost from the rent; ? (2) Recover damages based upon the diminution in the fair rental i value of the dwelling unit and reasonable attorneys' fees; or (3) Procure substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance. The ten- ant may recover the cost of reasonable value of the substitute housing up to an amount equal to the monthly rent and reason- able attorneys' fees. (b) If the tenant proceeds under this Section, he may not proceed under Sections 4.201 or 4.203 for that breach. (c) The tenant may not exercise his rights under this Section if the condition was caused by the inability of a utility supplier to pro- vide 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. s Section 23-1/2-4.205 - Landlord's Noncompliance as Defense to Action for Pos- session or Rent: (a) In an action for possession based upon nonpayment of rent or in an F 19-0-75 -16- action for rent where the tenant is in possession, the tenant may counterclaim for any amount which he may recover under the•rental agreement or this Ordinance. In that event, the court may order the, tenant to pay into court all or part of the rent accrued and there- after accruing, and shall determine the amount due to each party. The party to whom a net amount is owed shall. be paid first from the money paid into court, and the balance by the other party. If no rent remains due after application of this Section, judgment shall be entered for the tenant in the action for possession. If the de- fense or counterclaim by the.tenant is without merit, the landlord may recover reasonable attorneys' fees. (b) In an action for rent where the tenant is not in possession, the tenant may counterclaim as provided in subsection (a), but the ten- ant is not required to pay any rent into court. } • Section 23-1/2-4.206 - Fire or Casualty Damage: t (a) If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the dwelling unit is sub stantially impaired, the tenant may: (1) Immediately vacate the premises and notify the landlord in writing within fourteen (14) days thereafter 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 dwell-- ing unit rendered unusable by the fire or casualty, in which case the tenant's liability for rent is reduced in proportion t 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 Section 3.101 and all prepaid rent. Ac- counting for rent in the event of termination or apportionment shall, be made as of the date of the fire or casualty. ; (c) A tenant may not exercise remedies in this Section if the fire or casualty damage was caused by the deliberate or negligent act or • f , 19-0-75 0 • i • -17- omission of the tenant, a member of his family, or person on the premises with his consent. f Section 2371/2-4.207 - Tenant's Remedies for Landlord's Unlawful Ouster, Exclu- sion, or Diminution of Service. If the landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting or causing the interruption of heat, running water, electricity, gas, or plumbing to the tenant, the tenant may re- cover possession or terminate the rental agreement and, in either case, recover an amount equal to not more than two months' rent or twice the damages sustained by him, whichever is greater, and reasonable attorneys' fees. If the rental agreement is terminated, the landlord shall return all security and interest recoverable under Section 3.101 and all prepaid rent. Part III Holdover; Abuse of Access Section 23-1/2-4.301 - Holdover Remedies. If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for pos- session and, if the tenant's holdover is willful, the landlord in addi- tion may recover an amount not more than two months' periodic rent or twice the damages sustained by him, whichever is greater, and reasonable attorneys' fees. If the landlord consents to the tenant's continued oc- cupancy, Section 1.401(d) applies. Section 23-1/2-4.302 - Landlord and Tenant Remedies for Abuse of Access: (a) If the tenant refuses. to allow lawful access, the landlord may ob- tain injunctive relief to compel access or terminate the rental agreement. In either case, the landlord may recover damages and reasonable attorneys' fees. (b) If the landlord makes an unlawful entry or a lawful entry in an un- reasonable manner or makes repeated demands for entry otherwise law- ful, but which have the effect of harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the con- duct, or terminate the rental agreement. In each case the tenant t 19-0-75 L . 0 • i ME may recover an amount equal to not more than two months' rent or twice the damages sustained,.by him, whichever is greater,. -and reas- onable attorneys' fees. Section 23-1/2-4.303 - Notice of Refusal to Renew Rental Agreement: . (a) If the rental agreement will not be renewed or if a month -to -month tenancy will be terminated, the landlord 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 ten- ant may remain in his dwelling unit for two months, commencing on the date that 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 immedi- ately preceding the notice. ARTICLE V RETALIATORY CONDUCT: CIVIL ACTIONS BY CITY Section 23-1/2-5.101 - Retaliatory Conduct: (a) Except as provided in this Section, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession or by refusing to renew a rental agreement because the tenant has: (1) Complained in good faith of a code violation to a government agency charged with responsibility for the enforcement of such code; (2) Complained to the landlord of a violation under Sections 3.102(d) or 3.103; (3) Organized or become a member of a tenant union or similar organ- ization; or (4) Exercised or attempted to exercise any right or enforce any re- medy granted to him under this Ordinance. (b) If the landlord acts in violation of subsection (a), the tenant is entitled to the remedies provided in Section 4.207 and has a defense in any retaliatory action against him for possession. In an action by or against the tenant, if there is evidence of a complaint within I 19-0-75 S&T one year prior to the alleged act of retaliation, it may be inferred A; that the landlord's conduct was retaliatory. The inference does not arise if the tenant made the complaint after notice of a pro- posed rent increase or diminution of services. (c) Notwithstanding subsections (a) and (b), a landlord may bring an action for possession if: (1) The violation of a code was caused primarily by lack of care by the tenant, a member of his family, or other person on the premises with his consent; or (2) The tenant is in default in rent, other than a purported de- fault under Section 4.203. Section 23-1/2-5.102 - Civil Actions by City of Evanston. Whenever the City Manager or his designee has reasonable cause to believe that any landlord or tenant is engaged in a pattern of practice of violating the provisions • of this Ordinance, the City of Evanston may bring a civil action by fil- ing a complaint signed by the City Manager, setting forth the facts per- taining to such pattern of practice and requesting such relief, including! an application for a permanent or temporary injunction, restraining order, and damages as hereinbefore provided against landlord or tenant respons- ible for such pattern of practice, as may be necessary to ensure compli- ance with the provisions of this Ordinance and the full enjoyment of the rights herein established. Section 23-1/2-5.103 - Attachment of Ordinance to Rental Agreement. A copy of this Ordinance shall be attached to each written rental agreement deliv- ered by a landlord to a tenant. Where there is an oral rental agreement, the landlord shall give a copy of this Ordinance to the tenant. Section 23-1/2-5.104 - Effective Date. This Ordinance shall become effective June 1, 1975. It applies to rental agreements entered into or extended or renewed on or after that date. Introduced: March 3, Adopted: March 17, ATTEST: /s/ Maurice F. Brown City Clerk , 1975 1975 Approved: March 17 /s/ Edgar Vanneman, Jr. _ Mayor 1975. Approved as to form: /s/ Jack M. Siegel Coroorati.on Counsel 9