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CENTER FOR RENTERS’ RIGHTS

CORPORATION

Serving Chicago, Evanston, Mt. Prospect & Communities throughout Illinois

City of Evanston, Illinois

RESIDENTIAL LANDLORD AND TENANT ORDINANCE

5--3--5: LANDLORD OBLIGATIONS

5--3--5-1: SECURITY DEPOSITS AND PREPAID RENT

(A) A landlord may not demand or receive security deposit or
     prepaid rent or any combination thereof in an amount in excess
     of one and one-half (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 one and one-half
     (1 1/2) months' rent.


(B)  The landlord who receives security or prepaid rent from a
     tenant shall pay interest to the tenant computed from the date
     of deposit at a rate of four percent (4%) per year, and five
     percent (5%) per year after January 1, 1976, and within thirty
     (30) days after the end of each twelve (12) month rental
     period, pay to the tenant any such interest by cash or credit
     to be applied to rent due, except when the tenant is in
     default under the terms of the rental agreement.


(C)  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 Section 5--3--4-1 hereof, all as itemized by the landlord
     in a written notice delivered to the tenant together with the
     amount due twenty-one (21) days after tenant has vacated his
     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 twenty-one (21) days after tenant has
     vacated his unit.


(D)  If the landlord fails to comply with subsection (C) hereof,
    the tenant may recover the property and money due him together
     with damages in an amount equal to twice the amount wrongfully
     withheld and reasonable attorney's fees
.


(E)  This Section does not preclude the landlord or tenant from
     recovering other damages to which he may be entitled under
     this Chapter.

 Housing Code

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