Chapter 17-16
RENTAL AGREEMENTS
Sections:
17-16-010 Rental agreements.
A. Terms and Conditions.
1. The landlord and tenant may include a rental agreement terms and conditions not prohibited by this title and other rules and law, including rent, term of the agreement and other provisions governing the rights and obligations of the parties.
2. All rental agreements between the landlords and tenants must be in writing, dated and signed by both parties with signed copies provided to both at the time of signing.
3. 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.
4. Unless the 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.
5. 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 for compliance to city codes to ensure the health, safety, and public welfare of the residents and general public.
6. Every landlord shall insert a crime free lease addendum or have a clause in the lease similar to a crime free lease addendum for any leases executed. The addendum or clause shall make criminal activity (not limited to violent criminal activity or drug related criminal activity engaged by, facilitated by or permitted by the renter, member of the household, guest or other party under the control of the renter) a lease violation. The owner, agent or designee shall have authority under that clause to initiate an eviction proceeding for such a violation.
Example of Landlord-Tenant Lease Addendum:
This addendum to the lease executed by and between _________ as Owner/Landlord and as Tenant(s) for leasing of the property at ________, Harvey, Illinois, is entered into this _____ day of ________ 20___, and includes the following provisions which are hereby agreed, incorporated into and made a part of said lease:
Any violations of the City of Harvey Ordinances or any other federal. state or local criminal, nuisance, or property maintenance statutes, regulations, or ordinances may result in the EVICTION of the tenant who committed, allowed or facilitated the violation.
Tenants and all persons who reside in the leased premises, by assuming possession of the same, agree that the landlord or his agents may release to the Harvey Police Department, Fire Department or Building Department information concerning the identity of all occupants.
Tenants who fail to provide the landlord the names of individuals who will be temporarily residing at the dwelling unit more than seven (7) consecutive calendar days may be subject to EVICTION.
In consideration of the execution or renewal of a lease of the rental unit identified in this lease, Owner (or Owner's agent or representative) and Resident/Tenant agree as follows:
1. Tenant, any member of the Tenant's household, a guest or invitee in the dwelling unit or on the common grounds, or any other person in the dwelling unit or on the common grounds invited there in any way by the Tenant or a member of Tenant's household, shall not engage or in any way be involved in criminal activity, including but not limited to:
a. Drug related criminal activity, meaning the manufacture, sale, distribution or use of a controlled substance, cannabis or methamphetamine (as defined in the Illinois Compiled Statutes),
b. Facilitate any drug related activity,
c. Prostitution as defined in the Illinois Compiled Statutes,
d. Criminal street gang activity as defined in the Illinois Compiled Statutes,
e. Threatening or intimidating actions as prohibited in the Illinois Compiled Statutes.
f. Assault as prohibited in the Illinois Compiled Statutes, including but not limited to unlawful discharge of firearms, and
g. Any breach of the lease agreement that otherwise jeopardizes the health, safety and welfare of the Landlord, his agent or other Tenants or involves imminent or actual serious damage as defined in the Illinois Compiled Statutes.
2. Tenant and every member of the household shall not permit the dwelling unit to be used for criminal activity or to facilitate criminal activity, in the unit or on the common grounds, regardless of whether the individual engaging in such activities is a member of the household, a guest or invitee and regardless of whether the Tenant is present during any such offense.
3. VIOLATION OF ANY OF THE ABOVE PROVISIONS SHALL BE A MATERIAL AND IRREPARABLE VIOLATION OF THE LEASE AND GOOD CAUSE FOR TERMINATION OF THE TENANCY, PROVIDED, HOWEVER, A TENANT SHALL NOT BE RETALIATED AGAINST NOR EVICTED WHEN MERELY A VICTIM OF ANY CRIMINAL ACT PROHIBITED HEREIN, BUT SHALL BE RESPONSIBLE FOR THE ACTS OF HIS/HER GUESTS AND HOUSEHOLD MEMBERS. A single violation of any of the provisions hereof shall be deemed a serious violation and material non-compliance with the lease. IT IS UNDERSTOOD AND AGREED THAT A SINGLE VIOLATION SHALL BE GOOD CAUSE FOR IMMEDIATE TERMINATION OF THE LEASE UNDER THE ILLINOIS COMPILED STATUTES. Unless otherwise provided by law, proof of violation shall not require criminal conviction, BUT SHALL BE BY A PREPONDERANCE OF THE EVIDENCE.
B. Effect of Unsigned or Undeliverable Agreement.
1. If the landlord does not sign and deliver a written 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 rental agreement the same effect as if it had been signed and delivered by the landlord for the term set forth in the rental agreement.
2. If the tenant does not sign and deliver a written 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 rental agreement the same effect as if it had been signed and delivered by the tenant.
C. Prohibited Provisions.
1. Except as otherwise provided by this title, no rental agreement may provide that the tenant or landlord:
a. Agrees to waive or to forego rights or remedies under this title;
b. Authorizes any person to confess judgment on a claim arising out of the rental agreement;
c. Agrees to the limitation of any liability of the landlord or tenant arising under law or to indemnify that 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 (C)(1) of this section included in a rental agreement is unenforceable. If a landlord deliberately attempts to enforce any provision in a 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 rental agreement, or a settlement in which a party waives or agrees to forego a claim or right under this title or under the rental agreement, to have been unconscionable when made, the court may grant the following relief:
a. Non-enforceable;
b. Non-enforceable of the unconscionable provision only;
c. Limit the application of any provision to avoid an unconscionable result;
d. Such other relief as the court deems proper.
D. Notice of Nonrenewal of Rental Agreement.
1. If the 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 thirty (30) days after such notice of 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 thirty (30) days’ notice is given and becomes operative as set forth in subsection (DX1) of this section. The tenant shall be obligated to pay rent in a timely manner.
E. Attachment of Title to Rental Agreement.
1. Following the effective date of this title, a copy thereof or excerpts thereof in a form, provided to the landlord by the city shall be attached to reach rental agreement, along with a copy of the city’s occupancy requirements from the city’s property maintenance code, delivered by or on behalf of a landlord when any such agreement is presented for signing to any tenant. (Ord. 3382 § 2, 2019; Ord. 3122 § 1 (part), 2004)