Elmwood Park, Ill., Mun. Code ch. 41B § 41B-8

[ Ord. No. 2011-14 , 6-6-2011 ; amended 7-12-2021 by Ord. No. 2021-45 ] (a) The owner(s) of a rental residential property shall inform each tenant, in writing, prior to occupancy, of the maximum number of persons, per dwelling unit, allowable by the Village property maintenance and/or dwelling code, as amended. The maximum number of persons per dwelling shall be determined by a Village inspector, in accordance with this Code and any and all adopted codes. (b) The landlord, from time to time, may adopt general rules or regulations concerning the tenant's use and occupancy of the rental residential property. They are enforceable only if reduced to writing and: (1) Their purpose is to promote the convenience, safety and welfare of the tenants in the premises, preserve the landlord's property from abusive use and to make a fair distribution of services and facilities among tenants; (2) They are reasonably related to the purpose for which they are adopted; (3) They apply to all tenants in the premises in a fair manner; (4) They are sufficiently explicit to fairly inform the tenant of what he/she must or must not do, in order to comply; (5) They are not made for the purpose of evading the obligations of the landlord; and (6) The tenant has notice of them at the time he/she enters into the rental agreement. (c) Disclosure. (1) The landlord, or any person authorized to enter into a residential rental agreement on his/her behalf, shall disclose to the tenant, in writing, on or before the commencement of the tenancy: (A) The name, address and telephone number of the person authorized to manage the premises; and (B) The name and address of the owner of the premises or the person authorized to act on behalf of the owner for the purpose of service of process and for the purpose of receiving notices and demands. (2) A person who fails to comply with 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 chapter and under the residential rental agreement and expending or making available for that purpose, all rent collected from the premises. (3) The information required to be furnished by Subsection (a) of this section shall be kept current. Subsections (a) and (b) of this section extend to and are enforceable against any successor landlord or manager. (4) Before a tenant initially enters into or renews a residential rental agreement for a dwelling unit, the landlord, or any person authorized to enter into a residential rental agreement on his/her behalf, shall disclose to the tenant, in writing, any pending code violations which have been cited by the Village for the dwelling unit and common area. (5) If the landlord fails to comply with this subsection, the tenant may pursue the remedies provided in this chapter. (d) Maintenance of Premises. The landlord shall maintain the premises in substantial compliance with all applicable codes of the Village, and shall promptly make any and all repairs necessary to fulfill this obligation. The landlord and tenant of any rental unit may agree that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling, but only if: (1) 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 (2) The agreement does not diminish or affect the obligation of the landlord to other tenants in the premises. (e) Security Deposits and Prepaid Rent. (1) A landlord may not demand or receive security or prepaid rent or any combination thereof in an amount in excess of 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 1 1/2 months' rent. The tenant shall pay the landlord, at the time the tenant moves into the premises or at any other time mutually agreed upon by the parties, the amount of the security or prepaid rent required by the landlord. However, if the landlord requires a security deposit or prepaid rent in excess of one month's rent, but not exceeding 1 1/2 months' rent, that portion in excess of one month's rent, at the election of the tenant, shall be paid either at the time the tenant pays the initial security deposit, or shall be paid in no more than six equal installments, no later than six months after the effective date of the lease. Interest on that portion of a security deposit or prepaid rent exceeding one month's rent, if paid in installments, shall not be computed until all installments are paid to the landlord. (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 the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with the provisions of this chapter, all as itemized by the landlord in a written notice delivered to the tenant, together with the amount due, within 21 days after tenant has vacated his/her 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 21 days after tenant has vacated his/her unit. In the event the residential rental agreement terminates due to the landlord's wrongful failure to supply essential services, the obligations imposed on the landlord pursuant to this subsection shall be performed within 48 hours after the expiration of the seven-day written notice to the landlord to restore service. (3) A landlord shall hold all security deposits received by him or her in a federally insured interest-bearing account in a bank, savings and loan association or other financial institution located in the State of Illinois. A security deposit and interest due thereon shall continue to be the property of the tenant making such deposit, shall not be commingled with the assets of the landlord, and shall not be subject to the claims of any creditor of the landlord or of the landlord's successors in interest, including a foreclosing mortgagee or trustee in bankruptcy. (4) The Village shall cause the new rate of security deposit interest to be published once a week for two consecutive weeks in two or more newspapers of general circulation in the Village. The Village Manager shall direct the Code Enforcement Department to prepare and publish for free public distribution at government offices and libraries, a pamphlet or brochure describing the respective rights, obligations and remedies of landlords and tenants with respect to security deposits, including the new interest rate, as well as the interest rate for each of the prior two years. Said pamphlet shall also be available on the Village's website. (5) This section does not preclude the landlord or tenant from recovering other damages to which he/she may be entitled under this chapter. (f) 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, or unless it is impracticable to do so, the landlord shall give the tenant at least two days' notice of his/her intent to enter. Except in cases of emergency, the landlord, if at all practical, may enter the unit only between 8:00 a.m. and 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) To accompany the Village during the authorized annual license inspection or during the investigation of a complaint of violation 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. (g) Limitation of Liability. (1) Unless otherwise agreed, a landlord who sells the premises is relieved of liability under the residential rental agreement and this chapter for events occurring subsequent to notice to the tenant that the sale has occurred. However, he or she remains liable to the tenant for any property and money to which the tenant is entitled under this chapter 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 residential rental agreement for events occurring after notice to the tenant of the termination of its management. (h) 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.