Evanston, Illinois: Amendments to the Residential Landlord-Tenant Ordinance (RLTO) Effective January 2025
As of January 1, 2025, the City of Evanston, Illinois, has adopted significant amendments to its Residential Landlord-Tenant Ordinance (RLTO), which governs the relationship between landlords and tenants in residential rental properties. These changes reflect the city’s ongoing commitment to ensuring fairness, transparency, and protection for both tenants and landlords. While the RLTO was already one of the most comprehensive in the state, these amendments further enhance tenant rights, establish more explicit landlord obligations, and provide additional mechanisms for conflict resolution. Below, we explore the key changes that tenants and landlords need to be aware of.
1. Expanded Protections for Tenants
One of the most significant shifts in the updated RLTO is the expansion of protections for tenants, particularly regarding security deposits, lease renewals, and the disclosure of critical information about the rental unit.
Security Deposit Limits and Regulations
The RLTO has long required landlords to provide tenants with the return of security deposits within 21 days of the tenant vacating the unit. However, the new amendments tighten these rules, particularly around the maximum amount landlords can charge for a security deposit. Going forward, the landlord may not charge more than 1.5 times the monthly rent as a security deposit. Furthermore, if the deposit exceeds one month’s rent, the tenant has the option to pay the excess amount in installments during the first six months of the tenancy.
These changes aim to make security deposits more affordable for tenants and to increase the likelihood of them being returned fairly. Tenants who do not receive their security deposit back within 21 days, or who do not receive an adequate explanation for any deductions, now have the right to pursue legal action to recover double the amount wrongfully withheld, along with reasonable attorney’s fees.
Lease Renewals and Fair Notice Requirements
The amended RLTO introduces stronger requirements for lease renewals. Landlords must now provide written notice of lease renewal at least 90 days before the end of the current lease term. This gives tenants more time to consider their options and negotiate the terms of their next lease. Additionally, landlords must provide the new lease at least 90 days before the current one ends, and tenants are not required to respond to the proposed lease any sooner than 45 days before the lease’s expiration.
This amendment is designed to give tenants more stability and reduce the uncertainty that often comes with lease renewals. If the landlord fails to comply with these timing requirements, the tenant automatically gains a 90-day extension of the lease.
Increased Transparency on Property Conditions and Violations
Landlords are now required to disclose more detailed information about the rental unit, including any building code violations from the previous year, whether there have been threats to terminate utility services, and if there are known lead hazards. Additionally, tenants must be informed if the property is facing foreclosure.
These disclosures help tenants make informed decisions about whether they want to proceed with a lease or seek another housing option. If the landlord fails to provide any of this information, tenants may have the right to terminate the lease without penalty. 2024 MODEL EVANSTON APARTMENT LEASE & GUIDE.
2. Landlord Responsibilities and Tenant Remedies
While the amendments provide more rights for tenants, they also clarify landlord responsibilities, particularly with respect to maintaining habitable living conditions.
Tenant Rights to a Habitable Unit
The RLTO continues to mandate that landlords maintain rental units in habitable condition, ensuring that the property complies with building codes and is free from criminal activity. If the unit falls into disrepair or violates safety codes, tenants are empowered to take action.
The updated ordinance establishes that if a tenant informs the landlord in writing of necessary repairs, the landlord has 10 days to address the issue. If the repairs are not made within this period, tenants may:
Deduct up to $500 (or half a month’s rent) from their rent for repairs they make themselves,
Move out within 30 days if the unit is uninhabitable, or
Hold back a reasonable portion of the rent if the unit has been cited for violations by the city.
For certain emergencies, such as fire or severe damage, tenants may also reduce rent immediately or even terminate the lease, without waiting for the 10-day period to elapse.
These changes bolster tenant protection by providing clear steps they can take if their living conditions fall below standard.
Essential Services and Landlord Default
The new ordinance also strengthens tenant protections in situations where landlords fail to provide essential services, such as heat, water, electricity, and gas. If these services are not provided within a reasonable time after written notice, tenants may:
Deduct the cost of obtaining the services from their rent,
Find alternative housing and deduct those costs from their rent,
File a lawsuit for damages, or
Terminate the lease after seven days.
These remedies ensure that tenants have recourse when landlords neglect their obligations.
3. Late Rent, Evictions, and Other Lease Violations
The RLTO has always set guidelines for late rent payments, eviction notices, and other lease violations. However, the 2025 amendments introduce more detailed procedures for handling late payments and violations.
Late Fees
The RLTO now clearly limits late fees to $25 for rents of $1,600 or less, and $25 plus 5% for rents above that threshold. These caps are designed to prevent excessive charges that can unfairly burden tenants. If a tenant fails to pay rent on time, the landlord must give them a 10-day notice before pursuing eviction. The tenant has the opportunity to pay the back rent within this period to avoid termination of the lease.
Eviction Process
Evictions are also addressed more clearly. If a tenant violates the lease in a significant way, the landlord must provide a 30-day notice. However, if the tenant rectifies the violation within that time frame, they can remain in the unit. If the same violation occurs again, the landlord may terminate the lease immediately with a second 30-day notice.
The changes also clarify that tenants cannot be evicted for minor infractions or for asserting their rights under the RLTO.
Retaliation Prohibited
A notable addition to the RLTO is the prohibition on landlord retaliation. The updated ordinance makes it clear that landlords cannot retaliate against tenants for reporting problems, testifying in legal actions, or asserting their rights under the RLTO. This change empowers tenants to voice concerns without fear of reprisal.
4. Anti-Lockout Provisions
The updated RLTO further strengthens anti-lockout provisions. Landlords are prohibited from changing the locks, cutting off utilities, or taking any action that prevents the tenant from accessing their unit. If a tenant is locked out, they can take legal action to regain access and potentially receive damages.
These protections prevent landlords from engaging in illegal eviction practices that might otherwise leave tenants without shelter.
Conclusion
The changes to Evanston’s Residential Landlord-Tenant Ordinance (RLTO), effective January 1, 2025, signal a substantial shift toward tenant protection and more transparent relationships between tenants and landlords. With clearer regulations on lease renewals, maintenance of habitable living conditions, security deposits, and eviction processes, the updated RLTO ensures that both parties have a better understanding of their rights and responsibilities.
For tenants, the new ordinance strengthens their ability to contest unfair practices, protect their living environment, and seek remedies when landlords fail to meet their obligations. For landlords, the RLTO provides clear guidelines that help avoid disputes and ensure compliance with the city’s rules.
As these amendments take effect, both tenants and landlords in Evanston are encouraged to review the full RLTO and consider consulting legal professionals or advocacy organizations to understand how the changes may affect their specific situations. With these protections in place, Evanston continues to be a city focused on fairness and the well-being of its residents. Summary of Evanston Residential Landlord Tenant Ordinance (RLTO)
