Landlord Tenant Ordinance

Residential Landlord and Tenant Ordinance

The purpose of the Residential Landlord and Tenant Ordinance is to protect and promote the public health, safety and welfare of the City of Evanston's citizens, 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.

This is accomplished by:

  • Addressing inquiries and concerns relative to the purchase or rental of property
  • Investigating all complaints promptly and seeking a resolution as quickly as possible
  • Providing and/or coordinating no cost training to Realtors, property owners/managers, tenants and individuals who are interested in purchasing or renting property in Evanston.

SECURITY DEPOSIT REMINDERS

A constant concern between landlords and tenants is the security deposit. Here are a few rules that both sides need to keep in mind:

  • Unless agreed to by both sides in writing at the signing of the lease, security deposits cannot be used for the tenant's last month's rent.
  • Landlords are to return the tenant's security deposit 21-days after surrendering possession of the unit.
  • Should the landlord determine conditions or repairs that cannot be attributed to normal wear and tear, he/she may deduct the cost for repair/replacement from the tenant's security deposit. If this is done, the landlord must provide the former tenant with a list of the replacements and their associated costs. This list must be presented with the balance owed, if any.
  • Interest earned on the security deposit for a 12-month period must be paid 30-days after the tenant has vacated the unit.
  • Landlords cannot establish a security deposit that is more that 1.5 months rent.

SECURITY DEPOSIT INTEREST

Evanston landlords are required to pay interest on the security deposits they receive from their tenants.

The rate that was in effect at the time the deposit was paid is what should be used to determine what is due.

Dates

Rate

1/1/2012 - 12/31/2012

 0.057%

1/1/2011 - 12/31/2011

 0.073%

1/1/2010 - 12/31/2010

0.073%

1/1/2009 - 12/31/2009

0.12%

1/1/2008 - 12/31/2008

1.26%

1/1/2007 - 12/31/2007

1.68%

1/1/2006 - 12/31/2006

1.71%

1/1/2005 - 12/31/2005

1.01%

1/1/2004 - 12/31/2004

0.42%

1/1/2003 - 12/31/2003

0.52%

10/1/2002 - 12/31/2002

0.83%

1/1/1976 - 9/30/2002

5.0%

6/1/1975 - 12/31/1975

4.0%

All security deposits must be held in a federally-insured, interest-bearing account in a bank, savings and loan, or other financial institution located in the State of Illinois. Evanston landlords are obligated to pay tenants any interest by cash or credit (applied to rent due) within 30 days after the end of each 12-month period.

For further information on the RLTO, contact the Human Relations Commission, 847.866.2958.

Model Lease Agreement

Model Lease Agreement

The City Clerk's office sells model lease agreements for $.40/copy.  The model lease agreement is also available to download free above.