A.
1. A rental agreement complying with the requirements of this chapter shall be executed for the rental of all dwelling units within the City regardless of the duration of the tenancy herein. The tenant and landlord may include in a 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. All rental agreements for leases of dwelling units subject to this chapter shall contain the full names of all occupants of the dwelling unit leased or to be leased under the rental agreement. The individual occupancy of the dwelling unit shall in no case exceed the maximum occupancy permitted elsewhere in applicable building codes for that size unit.
3. Rent is to be payable at the time and place agreed upon by the parties. Unless otherwise agreed, rent is payable at the dwelling unit 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.
4. Unless otherwise agreed, 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.
B.
1. If the landlord does not sign and deliver a written rental agreement, acceptance of rent without reservation by the landlord gives the rental agreement the same effect as if it has been signed and delivered by the landlord.
2. If the tenant does not sign and deliver a written rental agreement, acceptance of possession and payment of rent without reservation gives the rental agreement the same effect as if it had been signed and delivered by the tenant.
3. If a rental agreement given effect by the operation of this section provides for a term longer than one year, it is effective for only one year.
C. Prohibited Provisions. Except as otherwise provided by this chapter, no rental agreement may provide that the tenant or the landlord:
1. Agrees to waive or to forego rights or remedies under this chapter, Illinois state law, or federal law;
2. Authorizes a confession of judgment, or any entry of a judgment by a court without notice or a trial for any claim including but not limited to debts, liabilities, damages, and obligations, on a claim arising out of the rental agreement;
3. Agrees to a waiver of: service, summons, copy of complaint, petition, right to notice, motion or entry of appearance;
4. Agrees to non-disparagement clause that limits any written or oral statements, remarks, or other communications, public or private, directly or indirectly, made by tenants regarding the landlord, property, management, staff, officers, directors, representatives, investors, shareholders, administrators, affiliates, employees, affiliated corporations, divisions, or subsidiaries;
5. Agrees to the limitation of any liability of the tenant or landlord arising under law or to indemnify the tenant or landlord for that liability or the costs connected therewith;
6. Agrees to waive any written termination of tenancy notice or manner of service thereof provided under state law or this chapter;
7. Agrees to waive the right of any party to a trial by jury;
8. Agrees that in the event of a lawsuit arising out of the tenancy the tenant will pay the landlord's attorney's fees except as provided for by court rules, statute or ordinance;
9. Agrees that either party may cancel or terminate a rental agreement at a different time or within a shorter time period than the other party, unless such provision is disclosed in a separate written notice;
10. Agrees that a tenant shall pay a charge, fee or penalty in excess of $10.00 per month for the first $1,500.00 in monthly rent plus five percent (5%) per month for any amount in excess of $1500.00 in monthly rent for the late payment of rent;
11. Agrees that, if a tenant pays rent before a specified date or within a specified time period in the month, the tenant shall not receive a discount or reduction in the rental amount in excess of $10.00 per month for the first $1500.00 in monthly rent plus five percent (5%) per month for any amount in excess of $1500.00 in monthly rent.
A provision prohibited by this section included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing any provision known by them to be prohibited, the tenant may recover actual damages sustained by them or two (2) months' rent, whichever is greater.
D. Disclosure of Costs. Except as otherwise provided by this chapter, no rental agreement may provide that the landlord:
1. Impose fees in excess of reasonable expenses incurred by the landlord in connection with the dwelling unit;
2. Pay the cost of a utility for a dwelling unit in which the utility service is individually metered to the dwelling unity and the tenant is directly responsible to the utility company without disclosing to the tenant in the rental agreement:
a. That the cost of the utility shall be the responsibility of the tenant;
b. The annual cost of service from the utility providing the primary service during the previous twelve (12) months.
5. Pay the cost of a utility for a dwelling unit to the landlord without disclosing to the tenant in the rental agreement:
a. That the cost of the utility shall be the responsibility of the tenant;
b. The annual cost of service from the utility providing the primary service during the previous twelve (12) months;
A provision prohibited by this section included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing any provision known by them to be prohibited, the tenant may recover actual damages sustained by them or two (2) months' rent, whichever is greater. (Ord. O-20-2020, 12-7-2020)