Evanston, Ill., City Code § 5 § 5-3-3-3

PROHIBITED PROVISIONS IN RENTAL AGREEMENTS (Evanston Housing Regulations)

In Force
Verified 9/18/2026 · Next check 12/17/2026
EvanstonLease Requirements

Operative Text

Evanston, Ill., City Code § 5 § 5-3-3-3
(A) Except as otherwise provided by this Chapter, no rental agreement may provide that the tenant or the housing provider:
1. Agrees to waive or to forego rights or remedies under this Chapter, Illinois state law, or federal law.
2. Authorizes a confession of judgment, or any entry of a judgment by a court without written notice or a trial, for any claim, including but not limited to debts, liabilities, damages, and obligations, arising out of the rental agreement,
3. Agrees to a waiver of: any written termination of tenancy notice or manner of service thereof provided under state law or this Chapter, summons, copy of complaint, petition, right to notice, motion, entry of appearance, or other documents from the court as established through judicial process in the manner provided by the Illinois Code of Civil Procedure, 735 ILCS 5/2-201, et seq., or any action, regardless of good cause or cost.
4. Agrees to a non-disparagement clause that limits any written or oral statements, remarks, or other communications, public or private, directly or indirectly, made by tenants regarding the housing provider, property which the tenant is leasing a dwelling unit on, or the housing provider's or property management, staff, officers, directors, representatives, investors, shareholders, administrators, affiliates, employees, affiliated corporations, divisions, or subsidiaries.
5. Agrees to the limitation of any liability of the housing provider or tenant arising under law or to indemnify the housing provider or tenant for that liability or the costs connected therewith.
6. Agrees to waive the right of any party to a trial by jury.
7. Agrees that in the event of a lawsuit arising out of the tenancy the tenant will pay the housing provider's attorney's fees except as provided for by court rules, statute or Ordinance. This paragraph shall also apply to a mobile home owner who, as a tenant, rents a manufactured home lot in a mobile home park as the terms "tenant", "manufactured home" or "mobile home," "lot," and "mobile home park," are defined or used in the Mobile Home Landlord and Tenant Rights Act, 765 ILCS 745 et seq.
8. Agrees that a tenant shall pay a charge, fee or penalty for the late payment of rent in excess of twenty-five dollars ($25.00) if the monthly rent does not exceed one thousand six hundred dollars ($1,600.00) per month, or twenty-five dollars ($25.00) plus five (5) percent of the monthly rent that exceeds one thousand six hundred dollars ($1,600.00). This paragraph shall also apply to a mobile homeowner who, as a tenant, rents a manufactured home lot in a mobile home park as the terms, "tenant", "manufactured home" or "mobile home," "lot," and "mobile home park," are defined or used in the Mobile Home Landlord and Tenant Rights Act, 765 ILCS 745 et seq.
9. Agrees that a tenant shall receive a discount in excess of five (5) percent of the monthly rent or fifty dollars ($50.00) per month, whichever is lower, if the tenant pays rent before a specified date or within a specified time period in the month.
10. Agrees that the housing provider shall impose a fee in excess of the reasonable cost of that expense, including, but not limited to, credit-check fees, application fees, and move-in fees. A housing provider shall not rename a fee or charge to avoid application of this prohibition.
11. Agrees to limit a tenant's right to contact law enforcement or emergency assistance or to penalize a tenant for contacting law enforcement or emergency assistance.
12. Reserved.
13. Agrees that any specific breed(s) of dog is/are not allowed, in cases where the rental agreement otherwise allows the tenant to house a dog or dogs in or on the premises.
(B) A provision prohibited by Subsection (A) of this Section included in a rental agreement is unenforceable. If a housing provider knowingly and willfully uses a rental agreement containing any provision known by the housing provider to be prohibited, the tenant may recover actual damages or two (2) months' rent, whichever is greater, and reasonable attorney fees.
(C) The provisions provided in Subsection 5-3-3-3 (A) apply to new rental agreements starting on or after January 1, 2025.
Source: Legislative text reproduced verbatim
Plain English

Evanston, Ill., City Code § 5 § 5-3-3-3 identifies a list of clauses that cannot legally appear in residential rental agreements in Evanston. These prohibited provisions include waivers of legal rights, confession-of-judgment clauses, non-disparagement clauses, caps on liability, jury-trial waivers, one-sided attorney's-fee clauses, late fees above the stated formula, excessive early-payment discounts, fees above reasonable cost, restrictions on contacting law enforcement, and breed-specific dog bans when dogs are otherwise permitted. Any such clause included in a lease is void and unenforceable, and a housing provider who knowingly and willfully uses a prohibited clause can be held liable for the greater of actual damages or two months' rent, plus reasonable attorney's fees. These rules apply to new rental agreements entered into on or after January 1, 2025.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 18, 2026

Plain English — not legal advice.

For Property Managers

Under Evanston, Ill., City Code § 5 § 5-3-3-3, compliant housing providers review their lease templates to ensure none of the thirteen prohibited clause types are present before offering new agreements on or after January 1, 2025. Operators generally audit provisions related to late fees—keeping them within the $25 or percentage-based formula—and confirm that application, credit-check, and move-in fees reflect only reasonable actual costs, without renaming fees to sidestep the rule. Because knowingly and willfully including a prohibited clause exposes a housing provider to liability for the greater of actual damages or two months' rent plus attorney's fees, routine legal review of lease forms is a common compliance practice.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Evanston, Ill., City Code § 5 § 5-3-3-3 gives tenants under new leases (signed on or after January 1, 2025) the right to treat any prohibited clause as void and unenforceable, meaning a housing provider cannot rely on such a clause to collect excessive late fees, enforce a non-disparagement agreement, or deny a tenant's right to call for emergency assistance. If a housing provider knowingly and willfully included a prohibited provision, a tenant may be entitled to recover the greater of actual damages or two months' rent, along with reasonable attorney's fees. Tenants who believe their lease contains a prohibited clause can document the provision, reach out to a local tenant-rights organization, or explore filing a complaint with the City of Evanston to understand available options.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated September 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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Related Rules

§ 244.280
Tenant to be given copy of lease
§ 151.35
SEVERABILITY
§ 165.12
SEVERABILITY

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