Understanding Leases: Prohibition Against Criminal Activity on Premises

Section 5-3-4-5 of the Evanston Residential Landlord and Tenant Ordinance prohibits criminal activity.

Here's what you need to know:

1. No Criminal Activity: Tenants, household members, and guests cannot engage in or help with any criminal activity on the property.
2. No Facilitating Criminal Activity: Tenants must not allow our home to be used for criminal activities, even if the person involved is not a member of our household.
3. No Breach of Lease Agreement: Tenants must also avoid any actions that could harm the health, safety, or property of the landlord, their agent, other tenants, or cause serious damage.

Consequences of Violation:

• If a tenant, household member, or guest breaks these rules, it's a big deal! It's considered a "material noncompliance" with the rental agreement and the law.
• The landlord can end the tenancy and start an eviction.
• Evidence of wrongdoing doesn't necessarily need a criminal conviction. An arrest or citation with supporting evidence is enough to prove a violation.

What Counts as Criminal Activity?

Here are some examples of criminal activities that are strictly prohibited:

• Homicide (causing someone's death)
• Aggravated assault or battery (hurting someone seriously)
• Criminal street gang recruitment or unlawful contact with street gang members
• Armed violence
• Kidnapping
• Possession of dangerous weapons or explosives
• Theft
• Mob action

Important Exceptions:

• If a tenant is a victim of a crime or innocent party, like domestic violence or sexual violence, they cannot be punished for it.
• Reporting crimes to the police or seeking emergency help is not a violation. It's essential to keep everyone safe.