Elmwood Park, Ill., Mun. Code ch. 41B § 41B-10

[ Ord. No. 2011-14 , 6-6-2011 ; amended 7-12-2021 by Ord. No. 2021-45 ] (a) Terms And Conditions: (1) The landlord and tenant may include in a residential 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) The landlord and tenant shall include in a residential rental agreement terms and conditions required by this chapter. (3) All residential rental agreements between landlords and tenants, including renewal residential rental agreements, to the extent not otherwise excepted in Subsection (b) of this section, must be in writing, dated and signed by both parties, with signed copies provided to both at the time of signing. (4) 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. (5) Unless the residential 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. (6) 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, or for compliance with Village codes that ensure the health, safety, and welfare of the residents and the public. (b) Effect of Unsigned or Undelivered Agreement: (1) If the landlord does not sign and deliver a written residential 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 residential rental agreement the same effect, as if it had been signed and delivered by the landlord, for the term set forth in the residential rental agreement. (2) If the tenant does not sign and deliver a written residential 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 residential rental agreement the same effect, as if it had been signed and delivered by the tenant. (3) For delivery of notice, as required in Subsections (b)(1) and (2) of this section, to become effective, delivery must be sent by certified mail, receipt requested, or made by personal service, in which case the landlord or tenant, as the case may be, who delivers the written residential rental agreement, must request the person receiving the agreement, which may include the respective landlord, landlord's agent, lessee, or member of the household over the age of 12, to acknowledge receipt in writing on a duplicate copy of the agreement. Evidence that the residential rental agreement was sent certified mail and signed for or returned without being accepted or that receipt of the residential rental agreement was otherwise acknowledged in writing, as set forth herein, shall create a rebuttable presumption of delivery. (c) Prohibited Provisions: (1) Except as otherwise provided by this chapter, no residential rental agreement may provide that the tenant or the landlord: (A) Agrees to waive or to forego rights or remedies under this chapter; (B) Authorizes any person to confess judgment on a claim arising out of the residential rental agreement; (C) Agrees to the limitation of any liability of the landlord or tenant arising under law, or to indemnify the 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 C1 of this section that is included in a residential rental agreement is unenforceable. If a landlord deliberately attempts to enforce any provision in a residential 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 residential rental agreement, or a settlement in which a party waives or agrees to forego a claim or right under this chapter or under the residential rental agreement, to have been unconscionable when made, the court may grant the following relief: (A) Nonenforcement; (B) Nonenforcement of the unconscionable provision only; or (C) Limit the application of any provision to avoid an unconscionable result; and (D) Such other relief as the court deems proper. (d) Notice of Nonrenewal of Residential Rental Agreement: (1) If the residential 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 30 days prior to the termination date. In no event shall the tenant remain on the premises more than 30 days after such notice or 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 30 days' notice is given and becomes operative, as set forth in Subsection (d)(1) of this section. The tenant shall be obligated to pay rent in a timely fashion. Notwithstanding this provision, a written renewal residential rental agreement is required at the end of the lease term, unless the 30 days' notice has been given. (e) Attachment of Chapter to Residential Rental Agreement: Following the effective date of this chapter, a copy thereof, or excerpts thereof in a form provided to the landlord by the Village, shall be attached to each residential rental agreement, along with a copy of the Village's occupancy requirements from the Village's property maintenance code, delivered by or on behalf of a landlord when any such agreement is presented for signing to any tenant.