A. Security Deposits Or Prepaid Rent:
1. A landlord who receives a security deposit or prepaid rent from a tenant must comply in full with the provisions of the Illinois state law which provides that landlords must pay interest on security deposits in developments with twenty five (25) or more rental units, 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.
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 to the payment of actual damages, which the landlord has suffered by reason of the tenant's noncompliance with section 23.1805 of this article, provided the landlord, within thirty (30) days of the date that the tenant has vacated the rental unit, delivers upon tenant a written notice, which shall include the reason for retaining the security deposit or portion thereof, including an itemized statement for any claim of unpaid rent and an itemized statement of any damages, together with copies of the actual paid damage, repair or replacement receipts or the estimated cost therefor, and provided further that the landlord has complied with any requested walk through inspection, as provided in subsection A3 of this section, and has included, as part of such notice, any inspection checklists disclosing that the damage in question occurred while the rental premises were occupied by the tenant. If an estimated cost is given, the landlord shall furnish the tenant with paid receipts or copies thereof within thirty (30) days from the date the statement showing an estimated cost was furnished to the tenant, as required by this subsection. In the event no such notice or notices with the required statements, checklists, and evidence of estimated costs, if required, is furnished to the tenant as provided herein, then the landlord shall return the security deposit in full to the tenant within forty five (45) days of the date that the tenant vacated the rental unit. For purposes of this provision, the decorating of a rental unit after a tenant's departure, including painting and rug shampooing, shall not be considered as damage and the cost thereof shall not be charged to the security deposit unless the rental agreement specifically provides that painting and rug shampooing are included as a part of the tenant's cleaning responsibility upon vacating the rental unit.
3. Where requested by either party to a rental agreement, a walk through inspection shall be made by the landlord and tenant, prior to the commencement of the rental term and/or again at the termination thereof and an inspection checklist of all damaged or missing items shall be made at the time of the walk through inspection and a copy thereof furnished to each party. Such request shall be in writing, shall be personally served not less than forty eight (48) hours, or mailed not less than five (5) business days before the date of the requested inspection and such inspections shall be conducted, unless otherwise agreed, on the landlord's regular business days and during his regular business hours. Items, which are checked as missing or damaged prior to commencement of the rental term, shall not be charged against the security deposit of the tenant. Upon request of the landlord or tenant, a representative of the village's environmental health department may accompany the parties on such walk through inspections.
Where a walk through inspection is requested, as provided herein, no portion of a security deposit shall be applied against damages incurred to a rental unit, unless the notice of damages required in subsection A2 of this section, includes the completed inspection checklist(s) showing the occurrence of such damage during the rental term.
4. Landlord's notice of the reasons for retaining the security deposit, as set forth in subsection A2 of this section, and either party's request for a walk through inspection, as set forth in subsection A3 of this section, must be sent certified mail, receipt requested, or served personally, in which case the party receiving the request, which may include the respective landlord, landlord's agent, lessee, or member of the household over the age of twelve (12), must be requested to sign in receipt thereof on a duplicate copy of the notice or request. Evidence that the notice or request was sent certified mail and signed for or otherwise returned, or that receipt of the notice or request was acknowledged on a duplicate copy, shall create a rebuttable presumption of delivery.
5. If the landlord fails to comply with the provisions hereof, the tenant may recover the property and money due him together with such damages, costs and fees as a court shall determine and award.
6. This section does not preclude the landlord or tenant from exercising other remedies to which he may be entitled under this article.
B. Rules And Regulations Regarding Rental Units:
1. The landlord, from time to time, may adopt general rules or regulations concerning the tenant's use and occupancy of the premises. They are enforceable only if:
a. Their purpose is to promote the convenience, safety or welfare of the tenants in the premises, preserve the landlord's property from abusive use or make a fair distribution of services and facilities among tenants;
b. They are reasonably related to the purpose for which they are adopted;
c. They apply to all tenants in the premises in a fair manner;
d. They are sufficiently explicit to fairly inform the tenant of what he must or must not do to comply;
e. They are not for the purpose of evading the obligation of the landlord; and
f. They are attached to the rental agreement so that the tenant has notice of them at the time he enters into the rental agreement.
2. A rule or regulation adopted after the tenant enters into the rental agreement that substantially modifies his lease agreement is not enforceable unless the tenant consents to it or unless a change in local, state or federal law requires the regulation change. The term "substantially modifies" shall mean a change which significantly affects the use of the premises or its fair rental value.
C. Disclosure:
1. The landlord or any person authorized to enter into a rental agreement on his/her behalf shall disclose to the tenant in writing on or before the commencement of the tenancy:
a. The name and address of the owner; and
b. The name, address and telephone number of the property manager, if any.
2. A person who fails to comply with subsection C1 of this section becomes an agent of each person who is a landlord for:
a. Service of process and receiving of notices and demands; and
b. Performing the obligations of the landlord under this article and under the rental agreement.
3. The information required to be furnished by subsection C1 of this section shall be kept current. Subsections C1 and C2 of this section extend to and are enforceable against any successor landlord or property manager.
4. Before a tenant initially enters into or renews a rental agreement for a rental unit, the landlord or any person authorized to enter into a rental agreement on his behalf shall disclose to the tenant in writing any existing code violations which have been cited by the village for the rental unit. If the landlord fails to comply with this subsection C4, the tenant may pursue the remedies provided in section 23.1808 of this article.
D. Maintenance Of Premises:
1. The landlord shall maintain the premises in substantial compliance with applicable codes of the village and shall promptly make any and all repairs necessary to fulfill this obligation.
2. The landlord and tenant of any rental unit may agree that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling only if:
a. 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
b. The agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.
E. 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, the landlord shall give the tenant reasonable notice of his or her intent to enter and if at all practical may enter the unit only between eight o'clock (8:00) A.M. and eight o'clock (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. With the village during the authorized annual license inspection or during the investigation of a complaint of violations 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.
F. Limitation On Liability:
1. Unless otherwise agreed, a landlord who sells the premises is relieved of liability under the rental agreement and this article for events occurring subsequent to notice to the tenant that the sale has occurred. However, he remains liable to the tenant for any property and money to which the tenant is entitled under subsection 23.1806A of this article 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 rental agreement for events occurring after notice to the tenant of the termination of its management.
G. 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. 3366, 9-6-1983; amd. Ord. 4728, 5-16-1995; Ord. 4868, 6-17-1997; Ord. 5536, 1-17-2006; Ord. 5896, 12-20-2011)