Elmwood Park, Ill., Mun. Code ch. 41B § 41B-9
Tenant Responsibilities (Elmwood Park Rental Residential Property Ordinance)
Operative Text
[ Ord. No. 2011-14 , 6-6-2011 ; amended 7-12-2021 by Ord. No. 2021-45 ] The following provisions shall be implied by law to be a term of every residential rental agreement in effect within the Village as of and after the effective date hereof: (a) Every tenant, occupant or resident shall comply with all obligations imposed specifically upon tenants by provisions of the Municipal Code of Ordinances of the Village of Elmwood Park applicable to residential dwelling units; (b) Every tenant, occupant or resident shall dispose of all ashes, rubbish, garbage and other waste from his dwelling unit in a clean and safe manner; (c) Every tenant, occupant or resident shall not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person on the premises with his/her consent to do so; and (d) Every tenant, occupant or resident shall conduct himself/herself and require other persons on the premises with his/her consent to conduct themselves in a manner that will not disturb his neighbors' peaceful enjoyment of their premises; and (e) Keep that part of the premises that the tenant occupies and uses as safe as the condition of the premises permits; and (f) Keep all plumbing fixtures in the rental unit or used by the tenant as clean as its condition permits; and (g) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises; and (h) Maintain the rental unit in a clean and sanitary condition and provide for a general cleaning of the rental unit prior to departure. As part of such cleaning, the tenant will broom sweep the floors, vacuum all rugs and carpeting, clean appliances and plumbing fixtures and patch nail holes; and (i) Unless otherwise permitted, occupy the rental unit only as a dwelling unit; and (j) Unless otherwise agreed to in writing by the landlord, not apply any part of a security deposit as part of obligated rent payments; and (k) Comply with representations made in the rental application. Any material misrepresentation made in the application shall be cause for termination of the rental agreement; and (l) Not be in possession of any alcoholic beverage in a public street or other public place, unless the alcoholic beverage is in its original container with the seal unbroken. For the purpose of this subsection, a public place shall include, but not be limited to, all Village streets and all parking areas and common areas serving multifamily residential structures containing four or more dwelling units, provided that this prohibition shall apply to such multifamily common areas only if the owner, manager, or owners' association has stated, in writing, that it is the intention of the ownership of such owner of common area that the prohibition be applied. The written statement may reserve the right of management to give one day permits for residents or tenants to hold social gatherings in a common area; and (m) Not engage in or permit prostitution, gambling, or the unlawful selling, possession, serving, storage, deliverance, manufacture, cultivation, giving away or use of any controlled substance on the leased premises; and (n) Sublet only in accordance with the terms of the lease. Under no circumstances shall the tenant sublet the unit or rent any portion of the unit for any consideration whatsoever, so long as the tenant uses the unit as the tenant's own residence, domicile or sleeping quarters for more than one day in any thirty-day period; and (o) The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit, in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services or show the dwelling unit to prospective or actual purchasers, mortgagees, tenants or workmen. The landlord may enter the dwelling unit without consent of the tenant in case of emergency. The landlord shall not abuse the right of access 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 and may enter only at reasonable times.
Section 41B-9 of the Elmwood Park Municipal Code establishes a set of tenant responsibilities that are automatically incorporated into every residential rental agreement in the Village, regardless of whether the lease document spells them out. These obligations cover a broad range of conduct, including proper waste disposal, care of the premises and fixtures, peaceful behavior, cleanliness, honest rental applications, restrictions on subletting, and prohibitions on illegal activity. The provision also addresses landlord access, requiring reasonable notice of at least two days except in emergencies, while prohibiting landlords from abusing that access right.
Plain English — not legal advice.
Under § 41B-9, compliant operators in Elmwood Park generally document tenant responsibilities at lease signing and ensure their rental agreements align with the implied terms the ordinance automatically incorporates. Property owners and managers typically maintain written records of any agreements that modify default obligations—such as permission to sublet or exceptions to occupancy-only use—since the provision sets specific written-agreement requirements for those situations. Landlords who wish to enforce the alcohol prohibition in common areas of multifamily buildings with four or more units should be aware that § 41B-9(l) requires a written statement of intent from ownership before that prohibition applies to shared spaces.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 41B-9 outlines the baseline responsibilities that apply to all Elmwood Park residential tenants by operation of law, meaning these duties exist even if your lease is silent on them. Tenants should be aware that obligations such as maintaining cleanliness, avoiding damage, refraining from illegal activity, and complying with rental application representations are enforceable terms of any covered lease. If you believe a landlord is misusing the access rights described in § 41B-9(o)—for example, by entering without the required two-days' notice outside of an emergency—you may consider raising that conduct with the Village of Elmwood Park or consulting a tenant-rights organization to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 8, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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