Freeport Ch. 876 Residential Rental Property Regulation § 876.06

(a) All rental agreements should be in writing. Effective June 2, 2014, all rental agreements shall be in writing and comply with this section.


(b) All landlords shall incorporate into the body of all leases or rental agreements, or renewals of leases or rental agreements, the first and last names of all individuals 18 years of age or older, and the number of person(s) under the age of 18, who will reside or operate businesses at the subject property during the term of the lease. All such landlords shall also require their tenants, as a condition of their lease, to provide written notice containing the first and last names of any guests who will be temporarily residing at the subject property for more than a calendar week (seven consecutive days). Landlords shall provide, upon either oral or written request, copies of the information required in subsections (a) and (b) to the City of Freeport Police Department, the City Legal Counsel, the Utility Billing Department, and/or the Building Commissioner. Any such oral request shall be followed by an e-mail confirmation of the oral request from the interested City of Freeport department.


(c) Crime free housing lease addendum . After June 2, 2014, every lease, including lease extensions, shall contain a crime free lease provision, the purpose of which is to make nuisance activity, not limited to violent or drug related criminal activity, engaged by, facilitated by or permitted by the tenant, member of the household, guest or other party under the control of the tenant, a lease violation, and to provide the landlord with authority under that clause to initiate eviction proceedings pursuant to state law. The crime free lease provision shall in substantially the following form:


Crime Free Housing Lease Provision


Prohibition against nuisance activity within the City of Freeport.


Notice of City of Freeport Ordinances . The City of Freeport has enacted the following in its Code of Ordinances:


Chapter 659 . Chronic Nuisances. This Chapter prohibits nuisance properties located within the corporate limits of the City of Freeport.


Crime free agreement:


In consideration of the execution or renewal of a lease of the rental unit identified in this lease (the “leased premises”), Owner (or Owner’s agent or representative) and resident/tenant agree as follows:


(i) The Tenant, any member of the Tenant’s household, Tenant’s guest(s), and any person under Tenant’s control shall not engage in or facilitate unlawful activity in, on, at or about the leased premises.


(ii) The Tenant, any member of the Tenant’s household, Tenant’s guest(s), and any person under Tenant’s control shall not permit the leased premises to be used for, or to facilitate, unlawful activity, regardless of whether the individual engaging in such activity is a member of the household, or a guest.


(iii) The Tenant, any member of the Tenant’s household, Tenant’s guest(s), and any person under Tenant’s control shall not engage in or facilitate any breach of the lease agreement that jeopardizes the health, safety, and welfare of the landlord, his agent, or other tenant, or involves imminent or actual serious property damage.


(iv) The Tenant is vicariously liable for the unlawful activity of any member of the Tenant’s household, Tenant’s guest(s), and any person under Tenant’s control, whether or not the Tenant had knowledge of the activity or whether or not the household member or guest was under the Tenant’s control.


(v) In case of conflict between the provisions of this addendum and any other provisions of the lease, the provisions of this addendum shall govern.


(vi) For purposes of this Lease Section, unlawful activity shall mean:


1. Any offense defined and prohibited by Section 6-16 (Prohibited Sales and Possession) or Section 6-20 (Purchase or Acceptance of Gift of Liquor by Persons Under Age 21) of the Liquor Control Act of 1934, 235 ILCS 5/6-16 and 5/6-20, or similar City of Freeport ordinance;


2. Any offense that constitutes a felony or misdemeanor under the Illinois Criminal Code of 1961, 720 ILCS 5/1-1 et seq;


3. Any offense defined and prohibited by Chapter 659 of the Codified Ordinances of the City of Freeport; and


4. Any inchoate offense defined and prohibited by Article 8 (Inchoate Offenses) of the Criminal Code of 1961, 720 ILCS 5/8-1, et seq., which is relative to the commission of any of the aforesaid principal offenses.


5. Violation of any of the above provisions shall be a material and irreparable violation of the lease and good cause for termination of the tenancy, provided, however, a Tenant shall not be retaliated against nor evicted when merely a victim of any unlawful act prohibited herein, but shall be responsible for the acts of his/her guests and persons under his/her control. A single violation of any of the provisions hereof shall be deemed a serious single violation shall be good cause for immediate termination of the lease. Unless otherwise provide by law, proof of violation shall not require criminal conviction, but shall be by a preponderance of the evidence. Tenant consents to venue in any court within the county wherein the unit is located in the event Owner initiates legal action against the tenant. Tenant hereby waives any objection to any venue chosen by Owner.


To the extent permitted by law, Tenant agrees that service of process of any legal proceeding, including but not limited to a special detainer or forcible detainer action, or service of any notice to Tenant, shall be effective and sufficient for purposes of providing legal service and conferring personal jurisdiction upon any Illinois court as to any Tenant, co-signor, occupant or guarantor, if served upon any occupant or other person of suitable age and discretion who is present at the premises and residing therein, notwithstanding the fact that a Tenant, co-signor, occupant or guarantor may reside at a different location other than the property address described in the lease agreement. This agreement regarding service is in addition to, and not in lieu of, any manner of service authorized under Illinois law or rule. By signing this lease the undersigned hereby waives any objection to service carried out under the terms of this agreement.


(d) A provision must be included in a lease to authorize a landlord to ban tenant guests whose conduct is prohibited by the crime free housing lease addendum, as described in subsection (c) of this section.


(Ord. 2013-56. Passed 11-18-13; Ord. 2014-13. Passed 3-17-14; Ord. 2017-56. Passed 7-17-17; Ord. 2023-01. Passed 1-3-23.)