Evanston, Ill., City Code § 5 § 5-3-7-6
FIRE OR CASUALTY DAMAGE (Evanston Housing Regulations)
Operative Text
(A) If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the dwelling unit is substantially impaired, the tenant may: 1. Immediately vacate the premises and notify the housing provider in writing within fourteen (14) days thereafter of the tenant's intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of the fire or casualty; or 2. If continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenant's liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit. (B) If the rental agreement is terminated, the housing provider shall return any security deposit recoverable under Section 5-3-5-1 and all prepaid rent. Accounting for rent in the event of termination or apportionment shall be made as of the date of the fire or casualty. (C) A tenant may not exercise remedies in this Section if the fire or casualty damage was caused by the willful or negligent act or omission of the tenant, a member of the tenant's family, or person on the premises with the tenant's consent.
Under Evanston, Ill., City Code § 5 § 5-3-7-6, when a fire or other casualty substantially impairs a tenant's ability to enjoy their dwelling unit, the tenant has two potential paths: vacating entirely and terminating the rental agreement as of the date of the event, or remaining in any usable portion of the unit with rent reduced proportionally to reflect the loss in rental value. If the agreement is terminated, the housing provider must return any recoverable security deposit and prepaid rent. These remedies are not available when the damage was caused by the willful or negligent act of the tenant, a household member, or someone on the premises with the tenant's permission.
Plain English — not legal advice.
Housing providers operating under Evanston, Ill., City Code § 5 § 5-3-7-6 should be prepared to act promptly when fire or casualty damage occurs. A compliant operator typically documents the extent of damage, tracks whether continued occupancy is lawful, and processes the return of security deposits and prepaid rent if a tenant properly terminates the rental agreement as of the casualty date. Operators also generally maintain records that could establish whether damage resulted from tenant negligence or willful conduct, since that determination affects whether the statutory remedies apply.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Evanston, Ill., City Code § 5 § 5-3-7-6 gives tenants specific rights when fire or casualty substantially impairs their use of a dwelling unit, including the ability to terminate the rental agreement or seek a proportional rent reduction for unusable portions of the unit. Tenants who choose to terminate must notify the housing provider in writing within 14 days of vacating, and are entitled to the return of any recoverable security deposit and prepaid rent. Tenants who believe these rights have been denied may consider contacting a local tenant-rights organization or consulting with a housing attorney to understand the options available under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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