HomeMy WebLinkAboutORDINANCES-1983-033-O-833/ 9%83 t .
3/17/83 .
33-0-83
• AN ORDINANCE
Amending Sections 5-3-6-1 and 5-3-7-1 of
the City Code of the City of Evanston, 1979, As Amended,
Pertaining to Landlords and Tenants
WHEREAS, the City Council of the City of Evanston recognizes that
the nature and purpose of the relationship between a landlord and a tenant
who is a roomer in an owner -occupied dwelling containing two or fewer rooming
units differs in many respects from the nature of the relationship between
other landlords and tenants; and
WHEREAS, the protection of Evanston tenants from the unlawful
termination of their tenancy serves the best interest and welfare of the
entire Evanston community; and
WHEREAS, the ability of both landlords and tenants to efficiently
• and legally terminate a rental agreement that has been breached by one or botp
parties to it will significantly reduce the number of unlawful terminations;
and
WHEREAS, the City of Evanston, by virtue of Article VII, Section
6(a) of the Constitution of the State of Illinois (1970), is a home rule
;:iunicipality and as such is authorized to enact ordinances to protect the
general welfare of the community. -
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON,-COOK COUNTY, ILLINOIS:
SECTION 1: That Sections 5-3-6-1(A) and 5-376-1(B) of the City
of Evanston, 1979, as.amended, relating to NONCOMPLIANCE WITH RENTAL
AGREEMENT; FAILURE TO PAY RENT, be further amended to read as follows:
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5-3-6-1 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 5-3-4-1, the land-
lord may deliver 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 thirty (30) days after 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 remedied by the tenant 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.
(B) If the rent is unpaid when due and the tenant fails
to pay the unpaid rent within ten (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 written notice by the landlord
of his/her intention to terminate the rental agreement
if the rent is not so paid, the landlord may terminate
the rental agreement.
SECTION 2: That Section 5-3-7-1(A) of the City Code of the City
of Evanston, 1979, as amended, relating to NONCOMPLIANCE BY LANDLORD, be
• further amended to read as follows:
U
5-3-7-1 NONCOMPLIANCE BY LANDLORD:
(A) If there is a material noncompliance by the landlord
with the rental agreement or with Section 5-3-5-1(D)
or Section 5-3-5-3, 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 rooming units, upona 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.
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f SECTION 3: All ordinances or parts of ordinances in conflict
i
herewith are hereby repealed.
•
SECTION 4: This ordinance shall be in full force and effect from
and after its passage, approval and publication in the
manner provided by law. j
Introduced: �f�2(, `� 1983
r
Adopted: kn�l-,", 1, 1983
Approved: 1983
May
ATTEST:
4V
C��r �rk
i • A f�oved s to form: � PP �
911 4�1`1'7"I
or anCoon Counsel
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