Mount Prospect Art. XVIII Residential Landlord and Tenant Regulations § 23.1804

A. Terms And Conditions:


1. The landlord and tenant may include in a rental agreement terms and conditions not prohibited by this article 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 rental agreement terms and conditions required by this article.


3. All rental agreements between landlords and tenants, including renewal 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 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 for compliance with village codes to 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 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 rental agreement the same effect as if it had been signed and delivered by the landlord, for the term set forth in the rental agreement.


2. If the tenant does not sign and deliver a written 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 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 B1 and B2 of this section, to become effective, delivery must be sent certified mail, receipt requested, or made by personal service, in which case the landlord or tenant, as the case may be, delivering the written 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 twelve (12), to acknowledge receipt in writing on a duplicate copy of the agreement. Evidence that the rental agreement was sent certified mail and signed for or returned without being accepted or that receipt of the 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 article, no rental agreement may provide that the tenant or the landlord:


a. Agrees to waive or to forego rights or remedies under this article;


b. Authorizes any person to confess judgment on a claim arising out of the 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 included in a rental agreement is unenforceable. If a landlord deliberately attempts to enforce any provision in a rental agreement which is prohibited, the tenant may recover an amount totalling not more than two (2) months' rent and such damages, costs and fees as a court shall determine and award.


3. If a court finds the rental agreement, or a settlement in which a party waives or agrees to forego a claim or right under this article or under the 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;


d. Such other relief as the court deems proper.


D. Notice Of Nonrenewal Of Rental Agreement:


1. If the rental agreement will not be renewed, the landlord shall notify the tenant in writing not less than sixty (60) days prior to the termination date, or if a month to month tenancy will be terminated, the landlord shall notify the tenant in writing not less than thirty (30) days prior to the termination date. In no event shall the tenant remain on the premises more than thirty (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 thirty (30) days' notice is given and becomes operative as set forth in subsection D1 of this section. The tenant shall be obligated to pay rent in a timely fashion. Notwithstanding this provision, a written renewal rental agreement is required at the end of the lease term unless the thirty (30) days' notice has been given.


E. Attachment Of Article To Rental Agreement: Following the effective date of this article, a copy thereof, or excerpts thereof in a form provided to the landlord by the Village, shall be attached to each 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. (Ord. 3366, 9-6-1983; amd. Ord. 4728, 5-16-1995; Ord. 4868, 6-17-1997; Ord. 5536, 1-17-2006; Ord. 5619, 3-6-2007; Ord. 5807, 8-3-2010)