Philip Devon, a staff attorney with the Metropolitan Tenants Organization, told city officials that Evanston’s Residential Landlord and Tenant Ordinance (RLTO) requires several specific lease provisions and, starting Jan. 1, 2025, that all Evanston leases be in writing.
"The first and most important things that always must be in a lease in Evanston are the full names and birth dates of all occupants," Devon said. He added that "as of 01/01/2025, all Evanston leases must be in writing." He also said housing providers may not include clauses that would ask tenants to give up rights under the RLTO.
Devon listed examples of prohibited provisions, saying landlords cannot include nondisparagement clauses or "any provisions that would make a tenant give up their rights under the RLTO." He also said leases cannot include terms that bar tenants from contacting emergency services, seeking help from the city or nonprofit agencies, or otherwise exercising their rights.
On unwritten agreements, Devon said: "If a housing provider in Evanston does not provide a written lease to a tenant but does accept rent, that agreement is considered valid with the agreed upon terms up to a maximum of 1 year." He summarized required notice periods: housing providers must give 90 days' notice to terminate, renew or raise rent; if a landlord gives shorter notice, the tenant may remain for 90 days or continue paying the same rental rate for 90 days after receiving the insufficient notice.
Devon described the process for lease breaches: tenants must be served a 30-day notice citing the breach and given an opportunity to cure. "Tenants in Evanston have 30 days to cure any lease violation once they've been served a written notice," he said. If the violation is not cured within 30 days, Devon said the landlord may initiate eviction proceedings in Cook County Circuit Court.
These remarks were recorded in the meeting transcript as a presentation by the Metropolitan Tenants Organization and do not themselves enact or change city policy. They reflect the organization's interpretation of the RLTO as stated in the transcript.