Evanston, Ill., City Code § 5 § 5-3-4-5
PROHIBITION AGAINST CRIMINAL ACTIVITY ON PREMISES (Evanston Housing Regulations)
Operative Text
(A) Tenant, any member of the tenant's household, tenant's guest(s), and any person under tenant's control must not engage in or facilitate criminal activity on the premises or on housing provider's property, which includes the premises as described in the rental agreement. (B) Tenant, any member of the tenant's household, tenant's guest(s), and any person under tenant's control must not permit the premises to be used for, or to facilitate, criminal activity, regardless of whether the individual engaging in such activity is a member of the household, or a guest. (C) Tenant, any member of the tenant's household, tenant's guest(s), and any person under tenant's control must not engage in or facilitate any breach of the lease agreement that jeopardizes the health, safety, and welfare of the housing provider, his or her agent, other tenant(s), or involves imminent or actual serious property damage. (D) One or more violations of Subsections (A), (B), or (C) of this Section constitutes a material noncompliance with the Residential Landlord-Tenant Ordinance and the rental agreement. Any such violation is grounds for termination of tenancy and eviction from the premises. (E) Proof of violation will not require criminal conviction, but an arrest or citation (supported by admissible corroborating evidence that activity in violation of the above provisions has occurred) for a described violation will be sufficient evidence of a violation constituting material noncompliance with the rental agreement and Code. 1. Any such violation committed by the tenant or any member of the tenant's household is grounds for housing provider to terminate the tenancy of that individual tenant or household member and to evict that individual from the leased premises. Any eviction action must be conducted in accordance with the statutory requirements stated in the Illinois Forcible Entry and Detainer Act, 735 ILCS 5/9-101 et seq. 2. As provided by Illinois law, housing provider has the power to bar the presence of a person from the leased premises who is not tenant or a member of tenant's household. A housing provider bars a person from the premises by providing written notice to tenant that the person is no longer allowed on the premises. That notice must be provided in accordance with the statutory requirements provided in Illinois law, 735 ILCS 5/9-106.2. (F) For purposes of this Section, "criminal activity" includes any of the offenses below: 1. Homicide, 720 ILCS 3/0-1 et seq. 2. Aggravated assault, 720 ILCS 5/12-2. 3. Aggravated battery, 720 ILCS 5/12-3.05. 4. Criminal street gang recruitment, 720 ILCS 5/12-6.4. 5. Unlawful contact with street gang members, 720 ILCS 5/24. 6. Armed violence, 720 ILCS 5/33A-2. 7. Kidnapping and related offenses, 720 ILCS 5/10-1 et seq. 8. Possession of explosives or incendiary devices, 720 ILCS 5/20-2 et seq. 9. Any offense involving deadly weapons, 720 ILCS 5/24-1 et seq. 10. Mob action, 720 ILCS 5/25-1 et seq. 11. Theft, 720 ILCS 5/16-1 et seq. (G) A tenant who is an innocent party or the victim of a crime, including but not limited to actual or threatened domestic violence, or sexual violence, will not be in violation of this Section or subject to eviction based on criminal activity. Nothing in this Section prohibits the housing provider from evicting only the perpetrator of the domestic violence, or sexual violence, or other criminal activity without affecting the tenancy of the remaining tenants in the unit. (H) A tenant will not be in violation of this Section or subject to eviction based on: 1. Contact made to police or other emergency services, if: a. The contact was made with the intent to prevent or respond to domestic violence or sexual violence; b. The intervention or emergency assistance was needed to respond to or prevent domestic violence or sexual violence; or c. The contact was made by, on behalf of, or otherwise concerns an individual with a disability and the purpose of the contact was related to that individual's disability. 2. An incident or incidents of actual or threatened domestic violence or sexual violence against a tenant, household member, or guest occurring in the dwelling unit or on the premises; or 3. Criminal activity or a local ordinance violation occurring in the dwelling unit or on the premises that is directly relating to domestic violence or sexual violence, engaged in by a tenant, member of a tenant's household, guest, or other party, and against a tenant, household member or guest.
Evanston, Ill., City Code § 5-3-4-5 prohibits tenants, household members, guests, and anyone under a tenant's control from engaging in, facilitating, or permitting a defined list of criminal activities—ranging from homicide and weapons offenses to theft and mob action—on the rental premises or the housing provider's property. A violation does not require a criminal conviction; an arrest or citation backed by corroborating evidence is sufficient to establish material noncompliance with the lease. Importantly, the provision carves out protections for victims of domestic or sexual violence and for tenants who contact emergency services, ensuring they cannot be evicted solely on the basis of those circumstances.
Plain English — not legal advice.
Under Evanston, Ill., City Code § 5-3-4-5, compliant housing providers document any credible evidence of prohibited criminal activity on the premises and understand that a criminal conviction is not required before pursuing lease enforcement. When a violation is established, operators follow the Illinois Forcible Entry and Detainer Act (735 ILCS 5/9-101 et seq.) for any eviction action, and use the written-notice procedure under 735 ILCS 5/9-106.2 when barring a non-tenant from the property. Housing providers also recognize the provision's victim protections and generally avoid initiating eviction proceedings against tenants who are innocent parties, domestic-violence victims, or individuals who called emergency services.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Evanston, Ill., City Code § 5-3-4-5 gives tenants important protections: a tenant who is a victim of domestic violence, sexual violence, or other crime—or who called police or emergency services in connection with such violence or a disability-related need—cannot be evicted under this section. If a housing provider alleges a violation by a household member or guest, tenants may raise the innocent-party or victim exemptions as a defense in any eviction proceeding. Tenants facing such situations may wish to consult a tenant-rights organization or legal aid provider familiar with Evanston's Residential Landlord-Tenant Ordinance to understand the full range of 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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