Evanston, Ill., City Code § 5 § 5-4-6-3
CIVIL REMEDY (Evanston Housing Regulations)
Operative Text
Any unit owner or tenant may file a suit in any court of competent jurisdiction for injuries sustained by him/her as a result of a violation by declarant of any provisions of this Chapter. In the event that such violation is found to occur, the court may assess compensatory damages, and in addition punitive damages equal to three (3) times the amount of compensatory damages, but not more than one thousand five hundred dollars ($1,500.00). The court shall also award the unit owner's or tenant's attorney reasonable fees for his/her services in the event that such a violation has occurred. If the court finds that no violation has occurred, the court shall assess reasonable attorneys' fees against the unit owner and tenant. Contractual promises shall not be held to have merged with the deed and shall survive conveyance of the unit. This Section shall not constitute a limitation on any other private right of action.
Under Evanston, Ill., City Code § 5-4-6-3, any unit owner or tenant who suffers harm from a declarant's violation of the relevant chapter may bring a civil lawsuit seeking compensatory damages. If a violation is found, the court may also award punitive damages up to three times the compensatory amount, capped at $1,500, plus reasonable attorney's fees for the prevailing party. Conversely, if no violation is found, the court may assess attorney's fees against the unit owner or tenant who brought the suit. Contractual obligations under this chapter survive the transfer of a unit and are not extinguished by the deed.
Plain English — not legal advice.
Property owners and managers operating under Evanston, Ill., City Code § 5-4-6-3 should be aware that declarants who violate the chapter's provisions face potential civil liability, including compensatory damages, punitive damages up to three times that amount (not exceeding $1,500), and the opposing party's attorney's fees. Compliant operators generally ensure that all contractual promises made under this chapter are documented and honored even after a unit changes hands, since such obligations survive conveyance. Maintaining thorough records of compliance with chapter requirements is a practice commonly associated with operators who avoid civil remedy claims under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Evanston, Ill., City Code § 5-4-6-3 gives unit owners and tenants the right to file a lawsuit in a court of competent jurisdiction if they have been harmed by a declarant's violation of the chapter. If the court finds a violation occurred, it may award compensatory damages, punitive damages up to three times that amount (capped at $1,500), and reasonable attorney's fees on the tenant's behalf. Tenants who believe their rights under this chapter have been violated may wish to consult a tenant-rights organization or legal aid provider to understand the range of options available, including the civil remedy pathway established by § 5-4-6-3.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.