[Ord. No. 2011-14, 6-6-2011; amended 7-12-2021 by Ord. No. 2021-45]
(a)
It is hereby declared that the purpose of this chapter is to provide
for the licensing of rental residential property, to establish rights
and obligations of the landlord and the tenant in the rental of residential
property, and to encourage the landlord and the tenant to maintain
and improve the quality of rental residential property within the
Village, in order to protect, preserve and promote public health,
safety and welfare.
(b)
This chapter applies to, regulates and determines rights, obligations and remedies under a residential rental agreement, as defined herein, wherever made, for rental residential property within the Village; provided, however, that §§ 41B-8, 41B-9, 41B-10, 41B-11 and 41B-12 of this chapter shall not apply to any dwellings, buildings or structures containing six or fewer units.
[Ord. No. 2011-14, 6-6-2011; amended 7-12-2021 by Ord. No. 2021-45]
This chapter shall not be construed to impede in any way the
right of the Village to inspect any property pursuant to any other
provisions of this Code, nor to seek penalties for violations of other
provisions of this Code.
[Ord. No. 2011-14, 6-6-2011; amended 7-12-2021 by Ord. No. 2021-45]
(a)
FAMILY MEMBERS
LANDLORD
MULTIPLE-FAMILY RENTAL RESIDENTIAL PROPERTY
PREMISES
RENTAL RESIDENTIAL PROPERTY
RESIDENTIAL RENTAL AGREEMENT
TENANT
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section.
Persons related by blood or marriage.
The owner, lessor or sublessor of rental residential property
or the building of which it is a part. An owner is one or more persons,
jointly or severally, in whom is vested all or part of the legal 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.
Rental residential property containing two or more dwelling
units.
A lot, plot or parcel of land, including the interior and
exterior of any structures thereon.
Residential structures or dwelling units intended to be rented
or leased, including single-family detached structures containing
only one dwelling unit, condominium units, townhouse units, and multiple-family
residential structures and intended to be used as a home, residence
or sleeping place by one or more persons who maintain a household,
together with all land, appurtenances, buildings and common areas.
All written or oral agreements of whatever duration which
embody the terms and conditions concerning the use of and occupancy
of a residential dwelling unit.
A person entitled under a residential rental agreement to
occupy a dwelling unit, to the exclusion of others.
(b)
Words or phrases as used in this chapter and not herein defined shall
be defined as provided by the International Property Maintenance Code,
2003 edition, and International Building Code, 2003 edition, as amended.
[Ord. No. 2011-14, 6-6-2011; amended 7-12-2021 by Ord. No. 2021-45]
(a)
It shall be unlawful for any person, firm, partnership, association, corporation, or other legal entity to operate, maintain or offer to rent or rent within the Village any rental residential property, as defined in § 41B-3 herein, whether vacant or occupied, without first having obtained and maintained a current license, as provided in this chapter.
(c)
This section shall not apply to the following structures:
(1)
Hotels, motels, and other structures which rent rooms to occupants
if such occupancy is transient only;
(2)
Dwellings, buildings, structures and uses licensed and inspected
by the state or federal government, including, but not limited to,
nursing homes, retirement communities and rest homes;
(3)
Dwellings, buildings and structures used or owned by other governmental
agencies and public housing authorities and otherwise inspected by
them for compliance; and
(4)
Dwelling units in rental residential property, all of which
are leased to or inhabited by family members of the property owner.
[Ord. No. 2011-14, 6-6-2011; amended Ord. No. 2014-18, 5-5-2014; 7-12-2021 by Ord. No. 2021-45]
(a)
Each applicant for a license to maintain a rental residential property
for the purpose of renting it to others shall file a written application
with the Code Administration Department, stating:
(1)
The full legal name, address, and home and work telephone number
of every owner;
(2)
For rental residential property which is held in a trust, the
name, address and phone number of the trustee and a person with the
power of direction regarding such trust shall be provided;
(3)
The address of the rental residential property;
(4)
The number of dwelling units, if the rental residential property
is a multiple-family rental residential property;
(5)
The name, address and phone number of any management company
retained as property agent for the property;
(6)
The name, address and twenty-four-hour phone number or phone
numbers of a responsible person who, in emergency situations, will
be available on a twenty-four-hour basis and who has the authority
to make repairs or to authorize repairs to the rental residential
property as needed, whether or not on an emergency basis; and
(7)
If the property is a multiple-family rental residential property,
the square footage of the property designated for living and sleeping
purposes, including individual room sizes, as provided by the Village's
property maintenance and/or dwelling code(s), as amended.
(b)
Each application for a new rental residential license or a renewal
of an existing rental residential license shall be accompanied by
a fee of $25, for single-family detached structures, single townhouse
units, and single condominium units. For multiple-family residential
structures, the fee shall be $25 for the first rental unit and $10
for each additional rental unit located on the subject property, excluding
owner occupied units and units rented or occupied by the property
owner's family members. All such fees shall be payable at the Code
Administration Department.
(c)
All license fees shall be due and payable on or before July 1 of
each calendar year. All licenses shall expire on June 30 of each calendar
year. License fees that remain unpaid after June 30 shall be assessed
a late payment fee of $25, in addition to the license fee.
(d)
As a condition for the renewal of such licenses, licenseholders shall be required to both schedule and have completed, by December 30 of the calendar year prior to the license renewal, an inspection of the rental units that are the subject of such license by the Village's Code Administration Department, except for rental units that are either occupied by the licenseholder or are located in a multiple-family rental residential property building in which one or more of the units is occupied by the licenseholder. In addition to the license fees set forth in Subsection (b) hereinabove, as a condition of the renewal of such license, licenseholders subject to such inspections shall be required to pay to the Village an annual inspection fee, as set forth hereinafter, as and for the costs of the inspections required to be conducted as a precondition for renewal of the license (e.g., as a condition of a license renewal on July 1, 2024, the required inspection of the rental residential property must be completed by December 30, 2023, and the payment of the appropriate inspection fee shall be required to be made prior to the required inspection of the rental residential property before December 30, 2023).
[Amended 6-5-2023 by Ord. No. 2023-36]
(1)
The inspection fees shall be as follows:
(A)
Licenseholders for one to three units shall be required to pay
an inspection fee of $100.
(B)
Licenseholders for four to six units shall be required to pay
an inspection fee of $150.
(C)
Licenseholders for six or more units shall be required to pay
an inspection fee of $250. In the event that a reinspection is required,
a reinspection fee in the amount of 1/2 of the inspection fee shall
be assessed and shall be required to be paid as a condition for the
renewal of such licenses.
(2)
The areas subject to such inspection shall consist of the exterior
and common areas of the rental residential property, the mechanical
rooms and mechanical systems and at least one, but not more than 20%,
of the units operated, maintained or rented by the licenseholder.
The unit(s) to be inspected shall be determined by the Village.
(3)
In order to provide for such inspections to be completed in
a timely fashion in advance of the deadline of December 30, the burden
shall be on the licenseholder to contact the Village's Code Administration
Department in order to schedule and to complete such inspections in
advance of the December 30 deadline. However, nothing herein shall
prohibit the Village's Code Administration Department from undertaking
to conduct such inspections at any time, as mutually agreed by the
licenseholder and the Village.
(4)
Licenseholders who have not undergone the required inspection and who have not paid the required inspection fee prior to December 30 shall not be eligible to have such license renewed until such required inspections have been completed. In the event of the nonrenewal of such license, such licenseholders and the persons occupying such premises shall be subject to the penalty provisions set forth hereinafter in § 41B-11.
(e)
Whenever there is a change in the ownership of a rental residential
property or the owner's property agent or manager, the owner(s) shall
be required, within 30 days of such change, to file an updated written
notice with the Code Administration Department indicating such changes.
(f)
A license for a rental residential property cannot be transferred
to another rental residential property, nor to a succeeding owner.
[Ord. No. 2011-14, 6-6-2011; amended 7-12-2021 by Ord. No. 2021-45]
It shall be the duty of the Code Administration Department to
enforce the provisions of this chapter as authorized by this Code
and as amended from time to time by the Village.
[Ord. No. 2011-14, 6-6-2011; amended 7-12-2021 by Ord. No. 2021-45]
Failure of the owner or owners of record of rental residential
property to license such property with the Village shall constitute
a violation of this chapter.
[Ord. No. 2011-14, 6-6-2011; amended 7-12-2021 by Ord. No. 2021-45]
(a)
The owner(s) of a rental residential property shall inform each tenant,
in writing, prior to occupancy, of the maximum number of persons,
per dwelling unit, allowable by the Village property maintenance and/or
dwelling code, as amended. The maximum number of persons per dwelling
shall be determined by a Village inspector, in accordance with this
Code and any and all adopted codes.
(b)
The landlord, from time to time, may adopt general rules or regulations
concerning the tenant's use and occupancy of the rental residential
property. They are enforceable only if reduced to writing and:
(1)
Their purpose is to promote the convenience, safety and welfare
of the tenants in the premises, preserve the landlord's property from
abusive use and to make a fair distribution of services and facilities
among 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/she must or must not do, in order to comply;
(5)
They are not made for the purpose of evading the obligations
of the landlord; and
(6)
The tenant has notice of them at the time he/she enters into
the rental agreement.
(c)
Disclosure.
(1)
The landlord, or any person authorized to enter into a residential
rental agreement on his/her behalf, shall disclose to the tenant,
in writing, on or before the commencement of the tenancy:
(2)
A person who fails to comply with this section becomes an agent
of each person who is a landlord for:
(3)
The information required to be furnished by Subsection (a) of
this section shall be kept current. Subsections (a) and (b) of this
section extend to and are enforceable against any successor landlord
or manager.
(4)
Before a tenant initially enters into or renews a residential
rental agreement for a dwelling unit, the landlord, or any person
authorized to enter into a residential rental agreement on his/her
behalf, shall disclose to the tenant, in writing, any pending code
violations which have been cited by the Village for the dwelling unit
and common area.
(5)
If the landlord fails to comply with this subsection, the tenant
may pursue the remedies provided in this chapter.
(d)
Maintenance of Premises. The landlord shall maintain the premises
in substantial compliance with all applicable codes of the Village,
and shall promptly make any and all repairs necessary to fulfill this
obligation. The landlord and tenant of any rental unit may agree that
the tenant is to perform specified repairs, maintenance tasks, alterations
or remodeling, but 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 or
tenant, and is set forth in a separate writing signed by the parties
and supported by adequate consideration; and
(2)
The agreement does not diminish or affect the obligation of
the landlord to other tenants in the premises.
(e)
Security Deposits and Prepaid Rent.
(1)
A landlord may not demand or receive security or prepaid rent
or any combination thereof in an amount in excess of 1 1/2 months'
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 1 1/2 months' rent. The tenant
shall pay the landlord, at the time the tenant moves into the premises
or at any other time mutually agreed upon by the parties, the amount
of the security or prepaid rent required by the landlord. However,
if the landlord requires a security deposit or prepaid rent in excess
of one month's rent, but not exceeding 1 1/2 months' rent, that
portion in excess of one month's rent, at the election of the tenant,
shall be paid either at the time the tenant pays the initial security
deposit, or shall be paid in no more than six equal installments,
no later than six months after the effective date of the lease. Interest
on that portion of a security deposit or prepaid rent exceeding one
month's rent, if paid in installments, shall not be computed until
all installments are paid to the landlord.
(2)
Upon termination of the tenancy, property or money held by the
landlord as security or prepaid rent may be applied to the payment
of accrued rent and the amount of damages which the landlord has suffered
by reason of the tenant's noncompliance with the provisions of this
chapter, all as itemized by the landlord in a written notice delivered
to the tenant, together with the amount due, within 21 days after
tenant has vacated his/her unit. Any security or prepaid rent not
so applied, and any interest on such security due to the tenant, shall
be paid to the tenant within 21 days after tenant has vacated his/her
unit. In the event the residential rental agreement terminates due
to the landlord's wrongful failure to supply essential services, the
obligations imposed on the landlord pursuant to this subsection shall
be performed within 48 hours after the expiration of the seven-day
written notice to the landlord to restore service.
(3)
A landlord shall hold all security deposits received by him
or her in a federally insured interest-bearing account in a bank,
savings and loan association or other financial institution located
in the State of Illinois. A security deposit and interest due thereon
shall continue to be the property of the tenant making such deposit,
shall not be commingled with the assets of the landlord, and shall
not be subject to the claims of any creditor of the landlord or of
the landlord's successors in interest, including a foreclosing mortgagee
or trustee in bankruptcy.
(4)
The Village shall cause the new rate of security deposit interest
to be published once a week for two consecutive weeks in two or more
newspapers of general circulation in the Village. The Village Manager
shall direct the Code Enforcement Department to prepare and publish
for free public distribution at government offices and libraries,
a pamphlet or brochure describing the respective rights, obligations
and remedies of landlords and tenants with respect to security deposits,
including the new interest rate, as well as the interest rate for
each of the prior two years. Said pamphlet shall also be available
on the Village's website.
(5)
This section does not preclude the landlord or tenant from recovering
other damages to which he/she may be entitled under this chapter.
(f)
Access To Rental Unit:
(1)
The landlord shall not abuse the right of access to the rental
unit or use it to harass the tenant. Except in cases of emergency,
or unless it is impracticable to do so, the landlord shall give the
tenant at least two days' notice of his/her intent to enter. Except
in cases of emergency, the landlord, if at all practical, may enter
the unit only between 8:00 a.m. and 8:00 p.m. The landlord may enter
a rental unit only for the following purposes:
(A)
To conduct a necessary inspection of the premises;
(B)
To accompany the Village during the authorized annual license
inspection or during the investigation of a complaint of violation
of this Code;
(C)
To make necessary or agreed repairs, decorations, alterations
or improvements;
(D)
To supply necessary or agreed services; or
(E)
To show the dwelling unit to prospective purchasers, mortgagees,
tenants or workers.
(2)
The landlord may enter the rental unit without consent of the
tenant in case of emergency. For purposes of this provision, the term
"emergency" shall refer to a situation wherein access to the rental
unit is necessary, in order to prevent damage or destruction to the
unit, or to the fixtures, equipment, appliances, furniture and other
personal property contained therein, or in order to protect any person
from injury. Nonpayment or delinquent payment of rent shall not constitute
an emergency.
(g)
Limitation of Liability.
(1)
Unless otherwise agreed, a landlord who sells the premises is
relieved of liability under the residential rental agreement and this
chapter for events occurring subsequent to notice to the tenant that
the sale has occurred. However, he or she remains liable to the tenant
for any property and money to which the tenant is entitled under this
chapter and all unpaid rent, unless the tenant receives notice that
such property, money and prepaid rent have been transferred to the
buyer, and that the buyer has accepted liability for such property,
money and prepaid rent.
(2)
Unless otherwise agreed, the property manager is relieved of
liability under the residential rental agreement for events occurring
after notice to the tenant of the termination of its management.
(h)
Receipts. Upon request of the tenant, a landlord must provide a written
receipt for any payment made (i.e., rent, security deposits, etc.).
If payment is made by personal check, the canceled check shall be
considered a receipt.
[Ord. No. 2011-14, 6-6-2011; amended 7-12-2021 by Ord. No. 2021-45]
The following provisions shall be implied by law to be a term
of every residential rental agreement in effect within the Village
as of and after the effective date hereof:
(a)
Every tenant, occupant or resident shall comply with all obligations
imposed specifically upon tenants by provisions of the Municipal Code
of Ordinances of the Village of Elmwood Park applicable to residential
dwelling units;
(b)
Every tenant, occupant or resident shall dispose of all ashes, rubbish,
garbage and other waste from his dwelling unit in a clean and safe
manner;
(c)
Every tenant, occupant or resident shall not deliberately or negligently
destroy, deface, damage, impair or remove any part of the premises
or knowingly permit any person on the premises with his/her consent
to do so; and
(d)
Every tenant, occupant or resident shall conduct himself/herself
and require other persons on the premises with his/her consent to
conduct themselves in a manner that will not disturb his neighbors'
peaceful enjoyment of their premises; and
(e)
Keep that part of the premises that the tenant occupies and uses
as safe as the condition of the premises permits; and
(f)
Keep all plumbing fixtures in the rental unit or used by the tenant
as clean as its condition permits; and
(g)
Use in a reasonable manner all electrical, plumbing, sanitary, heating,
ventilating, air conditioning and other facilities and appliances,
including elevators, in the premises; and
(h)
Maintain the rental unit in a clean and sanitary condition and provide
for a general cleaning of the rental unit prior to departure. As part
of such cleaning, the tenant will broom sweep the floors, vacuum all
rugs and carpeting, clean appliances and plumbing fixtures and patch
nail holes; and
(i)
Unless otherwise permitted, occupy the rental unit only as a dwelling
unit; and
(j)
Unless otherwise agreed to in writing by the landlord, not apply
any part of a security deposit as part of obligated rent payments;
and
(k)
Comply with representations made in the rental application. Any material
misrepresentation made in the application shall be cause for termination
of the rental agreement; and
(l)
Not be in possession of any alcoholic beverage in a public street
or other public place, unless the alcoholic beverage is in its original
container with the seal unbroken. For the purpose of this subsection,
a public place shall include, but not be limited to, all Village streets
and all parking areas and common areas serving multifamily residential
structures containing four or more dwelling units, provided that this
prohibition shall apply to such multifamily common areas only if the
owner, manager, or owners' association has stated, in writing, that
it is the intention of the ownership of such owner of common area
that the prohibition be applied. The written statement may reserve
the right of management to give one day permits for residents or tenants
to hold social gatherings in a common area; and
(m)
Not engage in or permit prostitution, gambling, or the unlawful selling,
possession, serving, storage, deliverance, manufacture, cultivation,
giving away or use of any controlled substance on the leased premises;
and
(n)
Sublet only in accordance with the terms of the lease. Under no circumstances
shall the tenant sublet the unit or rent any portion of the unit for
any consideration whatsoever, so long as the tenant uses the unit
as the tenant's own residence, domicile or sleeping quarters for more
than one day in any thirty-day period; and
(o)
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 improvements,
supply necessary or agreed services or show the dwelling unit to prospective
or actual purchasers, mortgagees, tenants or workmen. The landlord
may enter the dwelling unit without consent of the tenant in case
of emergency. The landlord shall not abuse the right of access or
use it to harass the tenant. Except in cases of emergency, or unless
it is impracticable to do so, the landlord shall give the tenant at
least two days' notice of his/her intent to enter and may enter only
at reasonable times.
[Ord. No. 2011-14, 6-6-2011; amended 7-12-2021 by Ord. No. 2021-45]
(a)
Terms And Conditions:
(1)
The landlord and tenant may include in a residential rental
agreement terms and conditions not prohibited by this chapter and
other rules of law, including rent, term of the agreement and other
provisions governing the rights and obligations of the parties.
(2)
The landlord and tenant shall include in a residential rental
agreement terms and conditions required by this chapter.
(3)
All residential rental agreements between landlords and tenants,
including renewal residential rental agreements, to the extent not
otherwise excepted in Subsection (b) of this section, must be in writing,
dated and signed by both parties, with signed copies provided to both
at the time of signing.
(4)
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 landlord's place of business 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 shall
be uniformly apportionable from day to day.
(5)
Unless the residential 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.
(6)
The lease shall inform the tenant that the interior of the unit
may be subject to regular inspection and/or investigation of complaints
of violations, or for compliance with Village codes that ensure the
health, safety, and welfare of the residents and the public.
(b)
Effect of Unsigned or Undelivered Agreement:
(1)
If the landlord does not sign and deliver a written residential
rental agreement to the tenant, which has been signed and delivered
by the tenant to the landlord, acceptance of rent without reservation
by the landlord gives the residential rental agreement the same effect,
as if it had been signed and delivered by the landlord, for the term
set forth in the residential rental agreement.
(2)
If the tenant does not sign and deliver a written residential
rental agreement to the landlord, which has been signed and delivered
by the landlord to the tenant, acceptance of possession and payment
of rent without reservation gives the residential rental agreement
the same effect, as if it had been signed and delivered by the tenant.
(3)
For delivery of notice, as required in Subsections (b)(1) and
(2) of this section, to become effective, delivery must be sent by
certified mail, receipt requested, or made by personal service, in
which case the landlord or tenant, as the case may be, who delivers
the written residential rental agreement, must request the person
receiving the agreement, which may include the respective landlord,
landlord's agent, lessee, or member of the household over the age
of 12, to acknowledge receipt in writing on a duplicate copy of the
agreement. Evidence that the residential rental agreement was sent
certified mail and signed for or returned without being accepted or
that receipt of the residential rental agreement was otherwise acknowledged
in writing, as set forth herein, shall create a rebuttable presumption
of delivery.
(c)
Prohibited Provisions:
(1)
Except as otherwise provided by this chapter, no residential
rental agreement may provide that the tenant or the landlord:
(A)
Agrees to waive or to forego rights or remedies under this chapter;
(B)
Authorizes any person to confess judgment on a claim arising
out of the residential rental agreement;
(C)
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; provided, however,
that nothing contained herein precludes indemnification of the other
party by the party found to be at fault by a court of competent jurisdiction.
(2)
A provision prohibited by Subsection C1 of this section that
is included in a residential rental agreement is unenforceable. If
a landlord deliberately attempts to enforce any provision in a residential
rental agreement which is prohibited, the tenant may recover an amount
totaling not more than two months' rent, and such damages, costs and
fees as a court shall determine and award.
(3)
If a court finds the residential rental agreement, or a settlement
in which a party waives or agrees to forego a claim or right under
this chapter or under the residential rental agreement, to have been
unconscionable when made, the court may grant the following relief:
(d)
Notice of Nonrenewal of Residential Rental Agreement:
(1)
If the residential rental agreement will not be renewed, or
if a month-to-month tenancy will be terminated, the landlord shall
notify the tenant in writing not less than 30 days prior to the termination
date. In no event shall the tenant remain on the premises more than
30 days after such notice or the end of the lease term, whichever
occurs last.
(2)
If the landlord fails to give the required written notice, the
tenant may remain in his rental unit on a month-to-month basis under
the same other terms and conditions as the prior term, until such
time as the required 30 days' notice is given and becomes operative,
as set forth in Subsection (d)(1) of this section. The tenant shall
be obligated to pay rent in a timely fashion. Notwithstanding this
provision, a written renewal residential rental agreement is required
at the end of the lease term, unless the 30 days' notice has been
given.
(e)
Attachment of Chapter to Residential Rental Agreement: Following
the effective date of this chapter, a copy thereof, or excerpts thereof
in a form provided to the landlord by the Village, shall be attached
to each residential rental agreement, along with a copy of the Village's
occupancy requirements from the Village's property maintenance code,
delivered by or on behalf of a landlord when any such agreement is
presented for signing to any tenant.
[Ord. No. 2011-14, 6-6-2011; amended 7-12-2021 by Ord. No. 2021-45]
(a)
Breach of Residential Rental Agreement:
(1)
If rent is unpaid when due and the tenant fails to pay the unpaid
rent within five days after notice by the landlord of the intention
to terminate the residential rental agreement if the rent is not so
paid, the landlord may terminate the residential rental agreement
or he may accept a payment made more than five days after such notice,
in which case he shall be entitled to collect a late payment fee in
an amount not to exceed 5% of the monthly rental amount.
(2)
If there is a material noncompliance by the tenant with the
residential rental agreement or with the provisions of this chapter,
other than nonpayment of rent, the landlord may give notice to the
tenant specifying the acts and omissions constituting the breach and
that the residential rental agreement will terminate upon a date not
less than 10 days after receipt of the notice, unless the breach is
remedied by the tenant within the ten-day period, or as promptly as
conditions permit in case of an emergency.
(3)
In the alternative, if there is material noncompliance by the
tenant with the provisions of this chapter, the landlord may enter
the dwelling unit and have the work done in a workmanlike 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 residential
rental agreement has terminated, for immediate payment, provided that
the landlord has fulfilled his affirmative obligations under the provisions
of this chapter.
(4)
If the residential rental agreement is terminated, the landlord
shall have a claim for possession and for rent and a separate claim
for injunctive relief, his actual damages for breach of the residential
rental agreement or the tenant's noncompliance with the provisions
of this chapter, and his costs and fees, as hereinafter provided.
If the tenant's noncompliance is willful, the landlord may recover
such additional costs and fees as a court shall determine to award.
(b)
Abandonment of Rental Unit, Sublease:
(1)
For purposes of this section, "abandonment of the rental unit"
shall mean that the tenant has vacated the premises, or has been absent
therefrom for 10 or more consecutive days without advising the landlord
of such absence or intent to return, and that his rent is in default
and that notice by the landlord to terminate the rental agreement,
as provided in Subsection (a) of this section, has expired.
(2)
If the tenant abandons the rental unit, the landlord shall:
(A)
Terminate the lease and proceed with his remedies as set forth
in this chapter; or
(B)
Make a good faith effort to rent it at the rent specified in
the tenant's residential rental agreement or at an amount equal to
the prevailing rent for similar units within the same multifamily
rental structure. This shall include the acceptance of reasonable
subleases. If the landlord succeeds in renting the rental 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 residential rental agreement exceeds the fair rental subsequently
received by the landlord, from the date of abandonment to the termination
of the initial residential rental agreement. If the landlord makes
a good faith effort to rent the rental unit at a fair rental and is
unsuccessful, the tenant shall be liable for the rent due for the
period of the residential rental agreement. In either event, the tenant
shall be liable for the advertising expenses and reasonable redecoration
costs incurred by the landlord in rerenting the rental unit.
(c)
Disposition of Abandoned Property: Where, following termination of
the residential rental agreement (other than by order of a court),
the tenant surrenders or vacates the rental unit or abandons the same
leaving behind items of his personal property, such personal property
may be considered by the landlord to be abandoned personal property,
and the landlord may dispose of the same in such manner as he determines.
In the event the landlord sells the property, the sale proceeds shall
be credited against any rent or other sums due to the landlord by
the tenant, in accordance with the residential rental agreement and
this chapter.
(d)
Waiver of Right to Terminate: Acceptance of rent with knowledge of
a default by the tenant, or acceptance of performance by the tenant
that varies from the terms of the residential rental agreement or
rules or regulations subsequently adopted by the landlord, must be
confirmed in writing and signed by both parties, and only then constitutes
a waiver of the landlord's right to terminate the rental agreement
for that breach.
[Added 7-12-2021 by Ord.
No. 2021-45]
(a)
Breach of Rental Agreement:
(1)
If there is a material noncompliance by the landlord with the
residential rental agreement or with the provisions of this chapter,
the tenant may give notice to the landlord, specifying the breach
and that the residential rental agreement will terminate on a date
not less than 14 days after receipt of the notice, if the breach is
not remedied by that time. If the breach is not remedied by the landlord
within 14 days, the residential 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.
(2)
Except as provided in this chapter, the tenant may recover actual
damages and obtain injunctive relief for any material noncompliance
by the landlord with the residential rental agreement, or with the
provisions of this chapter. If the landlord's noncompliance is willful,
the tenant may recover such additional costs and fees as a court shall
determine and award.
(3)
If the residential rental agreement is terminated pursuant to
this subsection, the landlord shall return all security and interest
recoverable by the tenant under the provisions of this chapter and
all prepaid rent.
(b)
Failure to Deliver Possession:
(1)
If the landlord fails to deliver possession of the rental unit
to the tenant in compliance with the residential rental agreement
and the provisions of this chapter, rent shall abate, until possession
is properly delivered, and the tenant may:
(A)
Upon not less than five days' notice to the landlord, terminate
the residential rental agreement and, upon termination, the landlord
shall return all prepaid rent and security; or
(B)
Demand performance of the residential rental agreement by the
landlord and, if the tenant elects, maintain an action for possession
of the rental unit against the landlord or any person wrongfully in
possession, and recover the damages actually sustained by him.
(2)
If a landlord's failure to deliver possession is willful, an
aggrieved person may recover from the landlord an amount totaling
not more than two months' rent, and such damages, costs and fees as
a court shall determine and award.
(c)
Failure to Supply Essential Services:
(1)
If, contrary to the residential rental agreement, the landlord
fails to supply heat, running water, hot water, electricity, gas or
plumbing to the rental unit, and where the condition was not 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, or
by the inability of a utility supplier to provide such service, the
tenant may give notice to the landlord or his agent or representative,
which notice shall request of the landlord either to restore such
services or, in the alternative, to obtain, at the landlord's expense,
suitable substitute housing for the tenant within the immediate vicinity
of the rental unit, for temporary use until such time as the services
in question are restored.
(2)
In the event that the landlord fails to restore services or
to provide substitute housing for the tenant within a period of 36
hours following receipt of notice, then the tenant may:
(A)
If continued occupancy is lawful (as determined by the Village),
remain in the rental unit and take such steps reasonably necessary
to procure alternative sources of heat or light, or other affected
services, during the period of the landlord's noncompliance, and deduct
the cost thereof from the rent, provided that such alternate sources
shall fully comply with Village codes; or
(B)
If continued occupancy is lawful (as determined by the Village),
remain in the rental unit and recover damages based upon the diminution
in the fair rental value of the rental unit, together with such costs
and fees as a court shall determine and award; or
(C)
Procure substitute housing during the period of the landlord's
noncompliance or the lease term, whichever is shorter, making good
faith efforts to obtain comparable housing at a cost similar to the
rent paid by the tenant for the rental unit, where available, in which
case the tenant shall be excused from paying rent for the period of
the landlord's noncompliance. The tenant may recover the excess cost
of procuring substitute housing which exceeds the monthly rent amount,
including moving expenses, and such other costs and fees as a court
shall determine and award. If the tenant proceeds under this subsection,
he may not proceed under any other subsections for such breach.
(3)
If the Village or any department of the Village expends funds
on behalf of the tenant for repairs, services or substitute housing,
the Village shall have a lien for those funds on any amounts recoverable
by the tenant from the landlord. This lien may be satisfied by requiring
that rents be paid directly to the Village, until the amount of the
lien is fully paid.
(d)
Failure to Maintain Unit In Good Repair:
(1)
In addition to the provision in this section pertaining to a
failure of the landlord to supply essential services, where the landlord
breaches his obligations to render the rental unit habitable and maintain
the same in good repair, the tenant may:
(A)
Where the breach involves a Code violation cited by the Village,
notify the landlord of the intention to withhold from the monthly
rent an amount which reasonably reflects the reduced value of the
premises or the cost of obtaining compliance, but not exceeding 75%
of the monthly rent. If the landlord fails to correct the condition
within seven days after being notified by the tenant, the tenant may,
during the time such failure continues, deduct from the rent the stated
amount.
(B)
If after 21 days from the giving of notice the matter has not
been resolved, the landlord or tenant may pursue available remedies
at law or in equity.
(2)
A tenant may not withhold rent under this section if the condition
was 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.
(3)
Where the noncompliance condition affects facilities shared
by more than one dwelling unit, and the Village has issued a citation
for the alleged noncompliance as being in violation of the applicable
provisions of the Village Code, the Village may notify all other tenants
sharing such facilities, by regular mail, with respect to the implementation
of this subsection; provided, however, that nothing contained herein
shall obligate the landlord, his representative or his agent to disclose
to the Village the names of its tenants.
(e)
Counterclaim to Action for Possession or Rent:
(1)
In an action by the landlord for possession based upon nonpayment
of rent, or in an 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 chapter. In that event, the court may
order the tenant to pay into court all or part of the rent accrued
and thereafter 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 any balance thereof shall be paid
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 defense or counterclaim by tenant is without merit,
the landlord may recover such costs and fees as a court shall determine
and award.
(2)
In an action for rent where the tenant is not in possession,
the tenant may counterclaim, as provided in Subsection (e)(1) of this
section, but the tenant is not required to pay any rent into court.
(f)
Fire Or Casualty Damage:
(1)
If the rental unit or premises is damaged or destroyed by fire
or other casualty to an extent that enjoyment of the rental unit is
substantially impaired, and the fire or other casualty damage was
not caused by the deliberate or negligent act or omission of the tenant,
a member of his family or a person on the premises with his consent,
the tenant may:
(A)
If continued occupancy is lawful (as determined by the Village),
vacate any part of the rental unit rendered unusable by the fire or
other casualty, in which case the tenant's liability for rent is reduced
in proportion to the diminution in the fair rental value of the rental
unit; or
(B)
If continued occupancy is unlawful, immediately vacate the premises
and notify the landlord, within 14 days thereafter, of his intention
to terminate the rental agreement, in which case, the residential
rental agreement terminates as of the date of vacating; or
(C)
Agree to accept alternate housing provided by the landlord,
if available.
(2)
If the residential rental agreement is terminated pursuant to
this section, the landlord shall return all security recoverable under
the provisions of this chapter and all prepaid rent. Accounting for
rent in the event of termination or apportionment shall be made as
of the date of the fire or other casualty.
[Added 7-12-2021 by Ord.
No. 2021-45]
[Added 7-12-2021 by Ord.
No. 2021-45]
Any person, firm, partnership or corporation violating any of
the provisions of this chapter, in addition to other legal and equitable
remedies available to the Village shall, upon conviction or finding
of liable, whether by a court of competent jurisdiction or administrative
hearing officer, be subject to a fine of not less than $50 nor more
than $750 for each violation. Each day during which a violation of
this chapter continues or is permitted to exist shall be considered
a separate and distinct offense.
[Added 7-12-2021 by Ord.
No. 2021-45]
Pursuant to the Village's home rule authority and its power
to regulate for the protection of the public health, safety, morals
and welfare, the provisions of this chapter shall govern the rights
and obligations of tenants and landlord in the rental of residential
property within the Village, and shall preempt any ordinances regulating
the same by Cook County, including the Cook County Residential Tenant
Landlord Ordinance.
