‘Disorderly house’ cause for eviction
September 11, 2013
The city is taking steps to improve area safety.
DeKalb’s new Crime Free Lease Addendum went into effect April 30. The new ordinance is required by DeKalb’s municipal code to be in every lease and lease extension.
“If it’s used correctly, and used properly, it gives both the landlords and our police the ability to make sure that people in our apartment complexes are following the rules and living up to our city ordinances and laws,” said first ward alderman David Jacobson.
These new ordinances require cooperation between the police chief and landlords, and explains how a tenant may be evicted for activity in his or her apartment.
According to Chapter 10-4 of the city municipal code, an apartment tenant is responsible for all activity in his or her unit.
Chapter 52, Section 52.06 outlines any actions the DeKalb chief of police and landlord can take if a tenant does unlawful activities on his or her property. The police chief can notify the landlord of these activities.
If the police chief needs to report a second incident, the landlord must respond with notification of what disciplinary actions were taken toward the tenant. The chief will then follow up with the landlord to assess the landlord’s response.
“I think if we have a concern about our university and our community, we need to work together. It’s extremely important,” said Greg Tumulty, property manager for Star Apartments, 801 Lucinda Ave. “We honestly believe tenant safety is paramount.”
If a third incident occurs within a year, the police chief can determine the apartment to be a “chronic disorderly house.”
“The chief will refer the matter to the city attorney to be brought before an administrative hearing officer for a hearing, but, if the landlord notifies the chief immediately upon receipt of the notice and agrees to remedy the disorderly conditions within ten (10) days, or to take other agreed and timely measures, the Chief may, at his/her sole discretion, postpone referring the matter to the City Attorney,” according to Chapter 52-9.
Violations, as outlined in Chapter 10, Section 10.10, are a violation of the lease, meaning tenants may be evicted.
“The Crime Free Lease Addendum helps set a standard for the city,” said Will Heinisch, DeKalb Area Rental Association president. “I do think it is positive.”
Donald Henderson Jr., director of NIU’s Students’ Legal Assistance, said he wants students to read through the Crime Free Lease Addendum and stay informed.
Ashbury Court Apartments, Autumn Creek Management Services, Axiom Properties, Hillcrest Place Apartments, Mason Properties, Townsend Management and Schultz Apartments did not respond to requests for comment.
Varsity Square Apartments declined to comment.