Evanston, Ill., City Code § 5 § 5-3-2

(A) Defined. Subject to additional definitions contained in subsequent sections of this Chapter:
ACTION. | Includes recoupment, counterclaim, setoff, suit in equity, and any other proceeding in which rights are determined, including an action for possession.
APPLICATION FEE. | A fee charged by the housing provider to prospective tenant(s) to cover the costs of processing a rental application, and not offset against other fees.
CODE. | Includes any ordinance or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use or appearance of any premises or dwelling unit.
COMMON AREA. | Includes a part or area of the premises not within any dwelling unit.
DWELLING UNIT. | A structure or the part of a structure that is used as a home, residence or sleeping place by one or more persons who maintain a household. A dwelling unit includes a mobile or manufactured home where the tenant has entered into a rental agreement to reside in the home. Where a dwelling unit is also governed by the Mobile Home Landlord and Tenant Rights Act, 765 ILCS 745 et seq. ("MHLTRA"), this Article shall augment and not replace the rights of both housing providers and tenants as set out in MHLTRA. Where there is a direct conflict between the provisions of this Article and MHLTRA, this Article shall take precedent except for the following sections of MHLTRA which shall remain as the governing provisions: Section 6- Obligation of Park Owner to Offer Written Lease; Section 8- Renewal of Lease; and Section 9.5- Abandoned or Repossessed Properties. Section 42-811 of this Article (Security Deposit) shall supersede, in its entirety, Section 18 of MHLTRA (Security Deposit; Interest) in its entirety.
FAIR RENTAL VALUE. | The prevailing value of comparable rental units in the City.
LANDLORD/ HOUSING PROVIDER. | The owner, lessor or sublessor of the dwelling unit or the building of which it is a part. An owner is one or more persons, jointly or severally, in whom is vested all or part of the legal title to property, or all or part of the beneficial ownership and a right to present use and enjoyment of the premises, including a mortgagee in possession.
HARASS OR HARASSING. | Willful conduct which is not necessary to accomplish a purpose reasonable under the circumstances that would cause a reasonable person emotional distress and that does cause emotional distress to the tenant.
SUCCESSOR HOUSING PROVIDER. | Any person who follows a housing provider in ownership or control of a dwelling unit or the building of which it is part, and shall include a lienholder who takes ownership or control either by contact, operation of law, or a court order.
OWNER. | Any full or part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety with legal or beneficial title to the whole or part of a structure or land.
SECURITY DEPOSIT. | Funds provided to a housing provider to secure payment or performance of a tenant's obligations under a rental agreement, or the obligations of the tenant for its guests or pets, and the identifiable proceeds of the funds, however denominated. The term does not include rent or fees.
MATERIAL NONCOMPLIANCE. | Means: (1) failure to comply with federal, state, and/or local laws or regulations when that failure presents a health or safety risk to a housing provider or tenants, or adversely affects the rights and welfare of the housing provider or tenants; (2) willful or reckless violation of the rental agreement; (3) use of the dwelling unit or other parts of the property for any criminal activity that either materially threatens the health, safety, or peaceful enjoyment of other tenants at the property, or has a material adverse effect on the management of the property; and (4) the unreasonable denial of the housing provider's access to the dwelling unit for a purpose authorized under Section 5-3-4-3 , provided that the housing provider provided notice in compliance with applicable federal, state, and local laws for seeking access.
MOVE-IN FEE. | The fee that a housing provider charges to a tenant that is reasonably related to the housing provider's cost for a tenant moving into the dwelling unit including, but not limited to, additional security costs or additional trash removal.
PERSON. | An individual or a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association or any other legal or commercial entity.
PREMISES. | A dwelling unit and the structure of which it is a part, and facilities and appurtenances therein, and grounds, areas and facilities held out for the use of tenants.
RENT. | All payments to be made to the housing provider under the rental agreement. When it is used as a determination of damages, and the tenant has a subsidized rent, such as a Housing Choice Voucher, "rent" shall mean the full market rent, not the tenant rent based on income.
RENTAL AGREEMENT. | A written agreement and valid rules and regulations adopted under Section 5-3-4-2 embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises.
TENANT. | A person entitled by written or oral agreement, subtenancy approved by the housing provider, or by sufferance, to occupy a dwelling unit to the exclusion of others.
WRITTEN NOTICE. | Communications in writing shared as handwritten, typed, or printed documents, mailed documents, or electronically mailed or messaged documents.
(B) Unconscionability. If the court finds the rental agreement, or a settlement in which a party waives or agrees to forego a claim or right under this Chapter or under a rental agreement, to have been unconscionable when made, the court may grant the following relief:
1. Nonenforcement; or
2. Nonenforcement of the unconscionable provision only; or
3. Limit the application of any provision to avoid an unconscionable result.
(C) Notice. A person has notice of a fact if:
1. He has actual knowledge of it;
2. He has received notice of it; or
3. From all the facts and circumstances known to him/her at the time in question, he/she has reason to know that it exists. A person gives notice to another by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it.