Evanston RLTO Leases: Landlord Should Disclose Heat Costs

Under Section 5-3-5-2(A)(3) of the Evanston RLTO, landlords must give the tenant written notice before the lease starts.

1. The landlord must say who is responsible for paying for which heat (landlord or tenant).
2. Paying the Utility Company: If the tenant is directly responsible for paying the heat to the utility company (i.e., the heat is separately metered for the tenant's unit), the landlord must include information about the annual cost of heating in the rental agreement. Specifically, the landlord must provide the cost of service for the previous 12 months, if that information is known.
3. Paying the Landlord: If the tenant is responsible for paying the landlord for your heating costs instead of paying the utility company directly, the landlord must also provide the annual cost of heating from the previous 12 months in the rental agreement. If the landlord didn’t own the building during that time or wasn’t paying the utility costs on your behalf, they can either provide the cost information for a similar unit, if available, or tell you that the costs are unknown.

Why is this important?

This rule ensures that you know what to expect in terms of heating costs and can make an informed decision about your rental agreement. It also gives you transparency about how much you might be paying for heat, whether it’s directly to the utility company or through the landlord.

What if the landlord violates the Evanston RLTO?

A tenant may end the lease by giving written notice. The notice must say when the lease ends, and the date must be within 30 days from when it is given.

A tenant can also sue the landlord for $200. The tenant can also pursue any other damages experienced and attorney's fees. Section 5-3-5-2 of the RLTO.