Tenant Ordinance

Following is the verbatim text of the Urbana Landlord-Tenant Ordinance.
More information can be obtained from the Champaign-Urbana Tenant Union Website

Urbana Landlord-Tenant Ordinance

This summary of the Ordinance must be provided to every tenant at the time of entering into a written or oral lease.

Effective Date

This ordinance applies to all oral or written leases, including renewals, entered into after March 31, 1994 for all rental properties located in the City of Urbana.

Written Notice Needed to End Oral Lease

When no lease has been signed, or if a written lease is extended by an oral, month to month agreement, the tenant is required by law to give the landlord a 30 day WRITTEN notice to terminate the agreement. A tenant is responsible for the landlord's lost rent, up to a full rental period's payment, if the tenant does not give the landlord this notice.

The notice must be for termination of the tenancy on the last day of the rental period (the day before rent is due again). The landlord must give the tenant a full rental period's notice in writing if the landlord wishes to terminate the tenancy.

Prohibited Provisions of a Written Lease

A lease clause in unenforceable if it:

	waives a tenant's rights under any law
	requires the tenant to confess judgment
	entitles the landlord to recover attorney's fees but does not entitle the tenant to recover attorney's fees under identical conditions
	limits the liability of the landlord or tenant
	prohibits subletting
	imposes a late fee higher than 5% of the monthly rent unless the landlord can prove actual costs are greater
	requires payment of sublet fees, lock-out charges or any other penalties that exceed a landlord's actual costs
	automatically renews the contract

Notice of Nonrenewal

A landlord must give a tenant at least 30 days written notice if the landlord will not be renewing the lease or if any terms of the lease will be changed at renewal. If the landlord fails to give this notice, the tenant can consider the lease to be extended on a month to month basis under the same terms and conditions.

Subletting

A landlord must accept a qualified subtenant offered by a tenant and may not charge higher rent or require any rent payments to be made before their due date on the original lease. Sublet fees are prohibited unless the landlord can show an actual cost for his or her time or expenses incurred for the sublet.

Late Fees

Late rent fees can be charged only if they are stated in the lease, do not exceed 5% of the monthly rent or the landlord's actual costs, and the landlord notifies the tenant within 30 days that the fee has been assessed. If rent is mailed to the landlord, the rent will be considered paid on the date the envelope is postmarked.

When a Landlord Can Enter

A landlord has a right to entry with the tenant's permission, or after proper notice. A tenant can be penalized for refusing a lawful entry.

A landlord must give a tenant a minimum of 24 hours notice of entry, except:

	in case of an emergency
	to perform repairs requested by the tenant if the work is done within two weeks of the tenant's request.

A landlord may also give one general notice, designating two hours on weekdays and three hours on Saturday and Sunday, when the landlord may show the place to prospective renters without giving specific notice of entry to the tenant. Once the place is rented, the landlord can no longer show it.

After entering for any reason, a landlord is required to lock the door and leave a note saying who entered.

Tenant Obligations

	To be responsible for damage beyond normal wear
	To cooperate with a request by the landlord for a joint inspection of the place at the end of the lease. Failure to comply will result in the tenant forfeiting the right to contest charges for damage
	To pay all rent due, including the last month's rent
	To keep the place in clean and sanitary condition throughout the lease term
	To comply with all city codes
	To avoid disturbing the neighbors

Landlord Obligations

	To disclose the name, street address and telephone number of the manager and the authorized agent of the owner
	To maintain the rented property in compliance with all city codes and to disclose prior to renting, any uncorrected code violations that have been cited by the city
	To pay interest on all deposits of $100 or more held for more than six months
	To provide the tenant with an itemized statement of charges deducted from the security deposit, within 30 days after the tenant vacates, attaching copies of paid receipts for actual work done
	To cooperate with a request by the tenant for a joint inspection of the place at the end of the lease. Failure to comply with result in the landlord forfeiting the right to charge for damage.

Evictions

A landlord may only evict a tenant after obtaining a court order. It is unlawful for a landlord to change locks, remove doors or windows, terminate or interfere with utility service, take a tenant's property or otherwise use force to evict a tenant.

Retaliation

A landlord may not refuse to renew a lease, decrease services or threaten eviction because a tenant attempts to exercise any right or remedy under this law, including by making a complaint in good faith to the landlord, a government agency or to any public or private organization.

Abandoned Property

If a tenant is absent from the premises with visible intent not to return and rent is unpaid, or if property is left in the rental unit after the end of the rental agreement, the landlord may store the property at the tenant's expense. If it is not claimed within 30 days after the landlord attempts written notice to the tenant, the landlord may dispose of the property. A landlord does not have to store any property that is subject to spoilage or is of such little value that storage costs would exceed the amount that would be realized from sale of the property.

Remedies for Failure to Maintain the Premises

Landlord: A landlord may perform any repairs necessary to correct code violations caused by the tenant and cited by the city, and may charge the tenant the actual cost of the repairs. A landlord can evict a tenant whose actions cause the landlord to be cited for violations three times in one year or for violations involving essential services or threatening the health or safety of other tenants.

Tenants: A tenant may perform any repairs necessary to correct code violations cited by the city and may deduct the cost from the rent if the amount is not more than 2 months' rent.

WRITTEN NOTICE MUST BE GIVEN BY THE LANDLORD OR TENANT, AND THE DEADLINE - AND ANY EXTENSIONS OF THE DEADLINE ISSUED BY THE CITY - MUST HAVE PASSED BEFORE THESE REMEDIES MAY BE USED.

Lack of Essential Services

If the code violation cited by the city involves lack of essential services (heat, water, hot water, gas, electricity, sanitation or substantially functional cooking facilities or refrigerator), or if the violation gives rise to a hazardous condition, the tenant may procure reasonable amounts of essential services or procure substitute housing (not to exceed the average cost of a hotel/motel room in Urbana) and deduct the cost from the rent, up to an amount equal to two months' rent.

THE TENANT MUST GIVE WRITTEN NOTICE TO THE LANDLORD, AND THE DEADLINE - AND ANY EXTENSIONS OF THE DEADLINE ISSUED BY THE CITY - MUST HAVE PASSED BEFORE THESE REMEDIES MAY BE USED.

Penalties for Non-Compliance

A landlord who does not comply with the provisions of this law may be sued by the tenant for an amount up to two months' rent plus court costs and attorney's fees.

For More Information

For a copy of the Ordinance, visit the Office of the City Clerk, 400 S. Vine St., Urbana, Illinois or call 384-2362.