What is an unlawful lockout, and what can I do if I am locked out by a landlord?

 It is illegal for a landlord to lock out a tenant without a court order. If you are locked out, you should contact the police. Tenants can also seek legal remedies for damages as a result of a lockout.

What should I do when a tenant violates their lease agreement?

Serve a 30-day written notice for lease violations, allowing the tenant 30 days to correct the rule violation. If the problem continues, the landlord may proceed with filing an eviction lawsuit.

What are the key rights and responsibilities of tenants under the RLTO?

• Tenants have the right to a habitable unit, reasonable access to utilities, and protection from landlord retaliation.
• Tenants can request repairs and, in some cases, withhold rent or terminate the lease if necessary repairs are not made.
• Tenants must keep their units clean and safe, avoid disturbing other tenants, and dispose of trash and use appliances and utilities properly. 
• Tenants must comply with the provisions of their lease, and allow the landlord reasonable access to the unit for necessary inspections or repairs.

What are the key rights and responsibilities of landlords under the RLTO?

• Landlords must maintain the premises in a habitable condition and follow all applicable building codes.
• Landlords must disclose management contact details, as well as information about code violations, lead hazards, and who is responsible for paying utilities.
• Landlords must provide fair notice of lease renewals/non-renewals (90 days).
• Landlords cannot include unfair provisions in leases, such as waiving tenant rights or imposing excessive fees.

How does the RLTO protect tenants from landlord retaliation?

Landlords cannot retaliate against tenants for reporting violations, joining tenant organizations, or asserting their rights under the RLTO. Retaliation can include threats of eviction, rent increases, or reducing services. If a landlord retaliates, the tenant may be entitled to damages.

What information must be included in a rental agreement under the RLTO?

Leases must be in writing and include the  full names & birthdates of all occupants.

What happens if a landlord does not provide a written lease to a tenant?

If a landlord accepts rent without a written lease, the lease is assumed to be valid with the terms initially agreed upon, up to a maximum of one year.

What must landlords disclose to prospective tenants before signing a lease?

• Landlords must disclose the owner or manager’s name, address, and telephone number.  If ownership changes, they must disclose the successor’s name, address, and telephone number;
• Whether the landlord or tenant  pays the utilities, the utility costs for the past 12 months, and any threats by City or utility to terminate service;
• Any  building code violations in the last year, any known lead hazards, any pending foreclosure, and how to detect, report, and remediate bedbugs.

Are there any clauses that cannot be included in a lease agreement?

Yes, leases cannot include non-disparagement clauses, waivers of a tenant’s rights, excessive late fees, prohibitions on contacting emergency services, or requirements to pay the landlord’s attorney fees.

Are tenants required to have renter’s insurance?

No. The RLTO does not require tenants to obtain renter’s insurance. However, a lease may include a requirement for renter’s insurance. 

What  can tenants do if their landlord fails to make necessary repairs?

• Tenants must provide written notice requesting the repairs.  If repairs are not made within 10 days the tenant may make minor repairs (if the cost less than $500 or half a month’s rent) and deduct the cost from their rent after providing receipts to the landlord; or
• Seek a rent reduction if the issue has been cited as a code violation; or
• Terminate the lease and move out within 30 days. The tenant may still be responsible for rent unless the landlord successfully re-rents the unit.

What should a tenant do if the rental unit doesn’t have heat, water, or electricity?

• Provide written notice to the landlord. If unresolved, tenants can obtain essential service and deduct the cost from rent; or
• Seek alternate housing and deduct those costs from rent; or
• Terminate the lease if not fixed in seven days; or
• File suit for damages.

What are the rules regarding security deposits?

• Deposits cannot exceed 1.5 months' rent, they must be held in a separate account, and must be returned within 21 days after move-out, with an itemized list of deductions if applicable. 
• If a landlord fails to return a deposit, tenants can sue for damages up to twice the withheld amount plus attorney fees.

How much notice must a landlord give if to raise rent or terminate my lease?

• 90 days. If the landlord fails to provide proper notice, the tenant can stay for 90 days (under the same lease terms) from the day they receive notice.
• Landlords must also provide 90 days' notice about any proposed rent increase.

What is the maximum late fee that can be charged to tenants under the RLTO?

$25, if your rent is $1,600 or less. If your rent is more than $1,600, the landlord can charge you $25,  plus 5% of the amount over $1,600. 

What should I do if a tenant doesn’t pay their rent?

Serve a 10-day written notice for the rent owed. If tenant does not pay full amount within 10 days, landlord can proceed to eviction court. Landlord must accept the full amount owed during the 10-day notice period.

What types of rental units are covered by the RLTO?

All rentals in the City of Evanston are covered except for residences at:

• Educational facilities (dormitories, fraternity/sorority houses)
• Religious facilities and licensed shared housing facilities
• Medical or geriatric facilities and Short-term hotel and motel stays
• Co-ops (occupied by the shareholder) and Lease-to-own units

Does a landlord have to tell the tenant if their rental unit is not covered?

Yes, landlords must disclose in writing if a unit is exempt from the RLTO before accepting any money from prospective tenants.