Evanston, IL Rental Property Rules: Repairs & Habitability (2026)
Key Facts
- Governing section
- City Code § 5-3-5-3
- Core duty
- Substantial compliance with City codes
- Tenant remedy
- Terminate lease after cure period
- Self-help repair cap
- $500 or half month's rent
Summary
Evanston's Residential Landlord and Tenant Ordinance requires every housing provider to keep rental premises in substantial compliance with City codes and to promptly make necessary repairs.
The housing provider shall maintain the premises in substantial compliance with the applicable codes of the City and shall promptly make any and all repairs necessary to fulfill this obligation.(B)The housing provider and tenant of any dwelling unit may agree that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling 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 housing provider and is set forth in a separate writing signed by the parties and supported by adequate consideration; and2.The agreement does not diminish or affect the obligation of the housing provider to other tenants in the premises.(C)Housing provider must address, which may include commencing eviction proceedings, with tenant any and all violations of Section 5-3-4-5, Prohibition against Criminal Activity on Premises, to ensure other tenants and occupants of the housing provider's property have housing free from criminal activity. (Ord. No. 52-O-24, § 1, 7-22-2024)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 21).
Full Breakdown
Section 5-3-5-3 of Evanston's Residential Landlord and Tenant Ordinance (City Code Title 5, Chapter 3) obligates every housing provider to maintain rental premises in substantial compliance with applicable City codes and to promptly complete necessary repairs. A landlord and tenant may shift specific repair or maintenance duties onto the tenant only through a separate, good-faith written agreement backed by consideration that doesn't diminish the landlord's obligations to other tenants in the building. Breach of this duty is 'material noncompliance' a tenant can enforce: after written notice, unremedied violations let the tenant terminate the lease, sue for damages and reasonable attorney fees, or withhold rent for conditions the City has cited as code violations.
Violations & Fines
Tenants may deliver written notice demanding repair; if the housing provider doesn't cure it, the tenant can terminate the lease, sue for damages plus attorney fees, or withhold rent under the code's self-help provisions.
Frequently Asked Questions
What must an Evanston landlord fix in a rental unit?
What can a tenant do if the landlord won't fix a habitability problem?
Sources & Official References
Other rules in Evanston
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Repairs & Habitability in Nearby Cities
How other cities in Cook County handle repairs & habitability.