Chicago Residential Landlord Tenant Ordinance
This Ordinance applies to residences within the city of Chicago only. Please see the Exceptions to the RLTO to ensure the law applies to you.
For tenants in suburban Chicagoland, please click here for the law as it applies in your town.
For specific advice on your situtation, you can call our free tenants rights hotline at 773.292.4988 Monday – Friday, 1 – 5pm or email your question to us here.
CHAPTER 5-12
Chicago Residential Landlord and Tenant Ordinance (RLTO)
5-12-010 Title, Purpose And Scope.
This chapter shall be known and may be cited as the “Residential Landlord and Tenant Ordinance”, and shall be liberally construed and applied to promote its purposes and policies.
It is the purpose of this chapter and the policy of the city, in order to protect and promote the public health, safety and welfare of its citizens, to establish the rights and obligations of the landlord and the tenant in the rental of dwelling units, and to encourage the landlord and the tenant to maintain and improve the quality of housing.
This chapter applies to, regulates and determines rights, obligations and remedies under every rental agreement for a dwelling unit located within the City of Chicago, regardless of where the agreement is made, subject only to the limitations contained in Section 5-12-020 This chapter applies specifically to rental agreements for dwelling units operated under subsidy programs of agencies of the United States and/or the State of Illinois, including specifically, programs operated or subsidized by the Chicago Housing Authority and/or the Illinois Housing Development Authority to the extent that this chapter is not in direct conflict with statutory or regulatory provisions governing such programs. (Prior code § 193.1-1; Added Council Journal of Proceedings, September 8, 1986, page 33771; Amend. Council Journal of Proceedings, November 6, 1991, page 7198; Amend. Council Journal of Proceedings, March 31, 2004, page 20938 )
5-12-020 Exclusions.
Rental of the following dwelling units shall not be governed by this chapter, unless the rental agreement thereof is created to avoid the application of this chapter:
(a) dwelling units in owner-occupied buildings containing six units or less; provided, however, that the provisions of Section 5-12-160 shall apply to every rented dwelling unit in such buildings within the City of Chicago;
(b) dwelling units in hotels, motels, inns, bed-and-breakfast establishments, rooming houses and boardinghouses, but only until such time as the dwelling unit has been occupied by a tenant for 32 or more continuous days and tenant pays a monthly rent, exclusive of any period of wrongful occupancy contrary to agreement with an owner. Notwithstanding the above, the prohibition against interruption of tenant occupancy set forth in Section 5-12-160 shall apply to every rented dwelling unit in such buildings within the City of Chicago. No landlord shall bring an action to recover possession of such unit, or avoid renting monthly in order to avoid the application of this chapter. Any willful attempt to avoid application of this chapter by an owner may be punishable by criminal or civil action;
(c) housing accommodations in any hospital, convent, monastery, extended care facility, asylum or not-for-profit home for the aged, temporary overnight shelter, transitional shelter, or in a dormitory owned and operated by an elementary school, high school or institution of higher learning; student housing accommodations wherein a housing agreement or housing contract is entered into between the student and an institution of higher learning or student housing wherein the institution exercises control or supervision of the students; or student housing owned and operated by a tax exempt organization affiliated with an institution of higher learning.
(d) a dwelling unit that is occupied by a purchaser pursuant to a real estate purchase contract prior to the transfer of title to such property to such purchaser, or by a seller of property pursuant to a real estate purchase contract subsequent to the transfer of title from such seller;
(e) a dwelling unit occupied by an employee of a landlord whose right to occupancy is conditional upon employment in or about the premises; and
(f) a dwelling unit in a cooperative occupied by a holder of a proprietary lease. (Prior code § 193.1-2; Added Council Journal of Proceedings, September 8, 1986, page 33771; Amend. Council Journal of Proceedings, November 6, 1991, pages 7198 — 7199; Amend, Council Journal of Proceedings, September 4, 2003, page 7130)
5-12-030 Definitions.
Whenever used in this chapter, the following words and phrases shall have the following meanings:
(a) “Dwelling unit” means a structure or the part of a structure that is used as a home,
residence or sleeping place by one or more persons who maintain a household, together
with the common areas, land and appurtenant buildings thereto, and all housing services,
privileges, furnishings and facilities supplied in connection with the use or occupancy
thereof, including garage and parking facilities.
(b) “Landlord” means the owner, agent, lessor or sublessor, or the successor m interest of any of them, of a dwelling unit or the building of which it is part.
(c) “Owner” means one or more persons, jointly or severally, in whom is vested all or part of the legal title to property, or all or part of the beneficial ownership and a right to present use and enjoyment of the premises, including a mortgagee in possession.
(d) “Person” means an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association or any other legal or commercial entity.
(e) “Premises” means the dwelling unit and the structure of which it is a part, and facilities and appurtenances therein, and grounds, areas and facilities held out for the use of tenants.
(f) “Rent” means any consideration, including any payment, bonus, benefits or gratuity, demanded or received by a landlord for or in connection with the use or occupancy of a dwelling unit.
(g) “Rental agreement” means all written or oral agreements embodying the terms and conditions concerning the use and occupancy of a dwelling unit.
(h) “Successor landlord” means any person who follows a landlord in ownership or control of a dwelling unit or the building of which it is part, and shall include a lienholder who takes ownership or control either by contract, operation of law or a court order. However, a “successor landlord” shall not include a receiver pursuant to a court order.
(i) “Tenant” means a person entitled by written or oral agreement, subtenancy approved by the landlord or by sufferance, to occupy a dwelling unit to the exclusion of others. (Prior code § 193.1-3; Added Council Journal of Proceedings, September 8, 1986, page 33771; Amend. Council Journal of Proceedings November 6, 1991, page 7199, Amend, Council Journal of Proceedings, May 12, 2010, page 91084)
5-12-040 Tenant Responsibilities.
Every tenant must:
(a) comply with all obligations imposed specifically upon tenants by provisions of the municipal code applicable to dwelling units;
(b) keep that part of the premises that he occupies and uses as safe as the condition of the premises permits;
(c) dispose of all ashes, rubbish, garbage and other waste from his dwelling unit in a clean and safe manner;
(d) keep all plumbing fixtures in the dwelling unit or used by the tenants as clean as their condition permits;
(e) use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators, in the premises;
(f) not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person on the premises with his consent to do so; and
(g) conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of the premises.
(Prior code § 193.1-4; Added Council Journal of Proceedings, September 8, 1986, page 33771)
5-12-050 Landlord’s Right Of Access.
A tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit:
(a) to make necessary or agreed repairs, decorations, alterations or improvements;
(b) to supply necessary or agreed services;
(c) to conduct inspections authorized or required by any government agency;
(d) to exhibit the dwelling unit to prospective or actual purchasers, mortgagees, workmen or contractors;
(e) to exhibit the dwelling unit to prospective tenants 60 days or less prior to the expiration of the existing rental agreement;
(f) for practical necessity where repairs or maintenance elsewhere in the building unexpectedly require such access;
(g) to determine a tenant̓s compliance with provisions in the rental agreement; and
(h) in case of emergency.
The landlord shall not abuse the right of access or use it to harass the tenant Except in cases where access is authorized by subsection (f) or (h) of this section, the landlord shall give the tenant notice of the landlord’s intent to enter of no less than two days. Such notice shall be provided directly to each dwelling unit by mail, telephone, written notice to the dwelling unit, or by other reasonable means designed in good faith to provide notice to the tenant. If access is required because of repair work or common facilities or other apartments, a general notice may be given by the landlord to all potentially affected tenants that entry may be required. In cases where access is authorized by subsection (f) or (h) of this section, the landlord may enter the dwelling unit without notice or consent of the tenant. The landlord shall give the tenant notice of such entry within two days after such entry.
The landlord may enter only at reasonable times except in case of an emergency. An entry between 8:00 A.M. and 8:00 P.M. or at any other time expressly requested by the tenant shall be presumed reasonable. (Prior code § 193.1-5; Added Council Journal of Proceedings, September 8, 1986, page 33771)
5-12-060 Remedies For Improper Denial Of Access.
If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access or terminate the rental agreement pursuant to Section 5-12-130(b) of this chapter. In either case, the landlord may recover damages.
If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated unreasonable demands for entry otherwise lawful, but which have the effect of harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct, or terminate the rental agreement pursuant to the notice provisions of Section 5-12-110(a). In each case, the tenant may recover an amount equal to not more than one months rent or twice the damage sustained by him, whichever is greater. (Prior code § 193.1-6; Added Council Journal of Proceedings,
September 8, 1986, page 33771; Amend. Council Journal of Proceedings, November 6, 1991, page 7202)
5-12-070 Landlord’s Responsibility To Maintain.
The landlord shall maintain the premises in compliance with all applicable provisions of the municipal code and shall promptly make any and all repairs necessary to fulfill this obligation.
(Prior code § 193.1-7; Added Council Journal of Proceedings, September 8, 1986, page 33771;
Amend July 28, 2010 (Doc. No. 02010-3654)
5-12-080 Security Deposits.
(a) (1) A landlord shall hold all security deposits received by him in a federally insured interest-bearing account in a bank, savings and loan association or other financial institution located in the State of Illinois. A security deposit and interest due thereon shall continue to be the property of the tenant making such deposit, shall not be commingled with the assets of the landlord, and shall not be subject to the claims of any creditor of the landlord or of the landlord’s successors in interest, including a foreclosing mortgagee or trustee in bankruptcy. (Amend July 28, 2010 (Doc. No. O2010-3654)
(2) Notwithstanding subsection (a)(1), a landlord may accept the payment of the first month’s rent and security deposit in one check or one electronic funds transfer, and deposit the check or electronic funds transfer into one account, if within 5 business days of the acceptance of the check or electronic transfer, the landlord transfers the amount of the security deposit into a separate account that complies with subsection (a)(1). (Amend July 28, 2010 (Doc. No. O2010-3654)
(3) The name and address of the financial institution where the security deposit will be deposited shall be clearly and conspicuously disclosed in the written rental agreement signed by the tenant. If no written rental agreement is provided, the landlord shall, within 14 days of receipt of the security deposit, notify the tenant in writing of the name and address of the financial institution where the security deposit was deposited. (Amend July 28, 2010 (Doc. No. O2010-3654)
If, during the pendency of the rental agreement, a security deposit is transferred from one financial institution to another, the landlord shall, within 14 days of such transfer, notify the tenant in writing of the name and address of the new financial institution. (Amend July 28, 2010 (Doc. No. O2010-3654)
(4) Notwithstanding subsection (a)(1), a landlord shall not be considered to be commingling the security deposits with the landlord’s assets if there is excess interest in the account in which the security deposits are deposited. “Excess interest” means the amount of money in excess of the total amount of security deposits deposited into the account plus any interest due thereon. (Amend July 28, 2010 (Doc. No. O2010-3654)
(b) (1) Except as provider for in subsection (b)(2), any landlord who receives a security deposit from a tenant or prospective tenant shall give said tenant or prospective tenant at the time of receiving such security deposit a receipt indicating the amount of such security deposit, the name of the person receiving it and, in the case of the agent, the name of the landlord for whom such security deposit is received, the date on which it is received, and a description of the dwelling unit. The receipt shall be signed by the person receiving the security deposit. Failure to comply with this subsection shall entitle the tenant to immediate return of security deposit. (Amend July 28, 2010 (Doc. No. O2010-3654)
(2) Upon payment of the security deposit by means of an electronic funds transfer, the landlord shall give the tenant a receipt that complies with subsection (b)(1), or an electronic receipt that acknowledges the receipt of the security deposit. The electronic receipt shall set forth the date of the receipt of the security deposit, the amount of the deposit, a description of the dwelling unit and an electronic or digital signature, as those terms are defined in 5 ILCS 175/5-105, of the person receiving the deposit. (Amend July 28, 2010 (Doc. No. O2010-3654)
(c) A landlord who holds a security deposit or prepaid rent pursuant to this section shall pay interest to the tenant accruing from the beginning date of the rental term specified in the rental agreement at the rate determined in accordance with Section 5-12-081 for the year in which the rental agreement was entered into. The landlord shall, within 30 days after the end of each 12-month rental period, pay to the tenant any interest, by cash or credit to be applied to the rent due. (Amend. Council Journal of Proceedings, November 6, 1991, page 7203; Added Council Journal of Proceedings, May 14, 1997, page 4516; Amend. Council Journal of Proceedings, March 31, 2004, page 20939, July 28, 2010 (Doc. No. O2010-3654))
(d) The landlord shall, within 45 days after the date that the tenant vacates the dwelling unit or within 7 days after the date that the tenant provides notice of termination of the rental agreement pursuant to Section 5-12-110(g), return to the tenant the security deposit or any balance thereof and the required interest thereon; provided, however, that the landlord may deduct from such security deposit or interest due thereon for the following: (Amend July 28, 2010 (Doc. No. O2010-3654)
(1) any unpaid rent which has not been validly withheld or deducted pursuant to state or federal law or local ordinance; and (Amend July 28, 2010 (Doc. No. O2010-3654)
(2) a reasonable amount necessary to repair any damage caused to the premises by the tenant or any person under the tenant’s control or on the premises with the tenant’s consent, reasonable wear and tear excluded. In case of such damage, the landlord shall deliver or mail to the last known address of the tenant within 30 days an itemized statement of the damages allegedly caused to the premises and the estimated or actual cost for repairing or replacing each item on that statement, attaching copies of the paid receipts for the repair or replacement. If estimated cost is given, the landlord shall furnish the tenant with copies of paid receipts or a certification of actual costs of repairs of damage if the work was performed by the landlord’s employees within 30 days from the date the statement showing estimated cost was furnished to the tenant. (Amend July 28, 2010 (Doc. No. O2010-3654)
(e) In the event of a sale, lease, transfer of ownership or control or other direct or indirect disposition of residential real property by a landlord who has received a security deposit or prepaid rent from a tenant, the successor landlord of such property shall be liable to that tenant for any security deposit, including statutory interest, or prepaid rent which the tenant has paid to the transferor.
The successor landlord shall, within 14 days from the date of such transfer, notify the tenant who made such security deposit by delivering or mailing to the tenant’s last known address that such security deposit was transferred to the successor landlord and that the successor landlord is holding said security deposit. Such notice shall also contain the successor landlord’s name, business address, and business telephone number of the successor landlord’s agent, if any. The notice shall be in writing. (Amend July 28, 2010 (Doc. No. O2010-3654)
The transferor shall remain jointly and severally liable with the successor landlord to the tenant for such security deposit or prepaid rent, unless and until such transferor transfers said security deposit or prepaid rent to the successor landlord and provides notice, in writing, to the tenant of such transfer of said security deposit or prepaid rent, specifying the name, business address and business telephone number of the successor landlord or his agent within 10 days of said transfer.
(f) (1) Subject to subsection (f)(2), if the landlord fails to comply with any provision of Section 5-12-080 (a) — (e), the tenant shall be awarded damages in an amount equal to two times the security deposit plus interest at a rate determined in accordance with Section 5-12-081. This subsection does not preclude the tenant from recovering other damages to which he may be entitled under this chapter. (Prior code § 193.1-8; Added Council Journal of Proceedings, September 8, 1986, page 33771; Amend. Council Journal of Proceedings, November 6, 1991, page 7204; Added Council Journal of Proceedings, May14, 1997, page 45168, Amend Council Journal of Proceedings, May 12, 2010, page 91084, Added July 28, 2010, Doc. No. O2010-3654)
(2) If a landlord pays the interest on a security deposit or prepaid rent within the 30-day period provided for in subsection (c), or within the 45-day period provided for in subsection (d), whichever is applicable, but the amount of interest is deficient, the landlord shall not be liable for damages under subsection (f)(2) unless:
(A) the tenant gives written notice to the landlord that the amount of the interest returned was deficient; and
(B) within fourteen days of the receipt of the notice, the landlord fails to either:
(i) pay to the tenant the correct amount of interest due plus $50.00; or
(ii) provide to the tenant a written response which sets forth an explanation of how the interest paid was calculated.
If the tenant disagrees with the calculation of the interest, as set forth in the written response, the tenant may bring a cause of action in a court of competent jurisdiction challenging the correctness of the written response. If the court determines that the interest calculation was not accurate, the tenant shall be awarded damages in an amount equal to two times the security deposit plus interest at a rate determined in accordance with Section 5-12-081. (Amend July 28, 2010 (Doc. No. O2010-3654)
5-12-081 Interest Rate On Security Deposits.
During December of each year, the city comptroller shall review the status of banks within the city and interest rates on savings accounts, insured money market accounts and six (6) month certificates of deposit at commercial banks located within the city. On the first business day of each year, the comptroller shall announce the rates of interest, as of the last business day of the prior month, on savings accounts, insured money market accounts and six (6) month certificates of deposit at the commercial bank having the most number of branches located within the city. The rates for money market accounts and for certificates of deposit shall be based on the minimum deposits for such investments. The comptroller shall calculate and announce the average of the three rates. The average of these rates so announced by the comptroller shall be the rate of interest on security deposits under rental agreements governed by this chapter and made or renewed after the most recent announcement. (Added Council Journal of Proceedings, May 14, 1997, page 45168; Amend. Council Journal of Proceedings, May 14 2008) * Current rate — January 1, 2010 through December 31, 2010 is 0.073%. (Prior Year Interest Rates)
5-12-082 Interest Rate Notification.
The city comptroller, after computing the rate of interest on security deposit governed by this chapter, shall cause the new rate of security deposit interest to be published for five consecutive business days in two or more newspapers of general circulation in the city. The mayor shall direct the appropriate city department to prepare and publish for free public distribution at government offices, libraries, schools and community organizations, a pamphlet or brochure describing the respective rights, obligations and remedies of landlords and tenants with respect to security deposits, including the new interest rate as well as the interest rate for each of the prior two years. The commissioner shall also distribute the new rate of security deposit interest, as well as the interest rate for each of the prior two years, through public service announcements to all radio and television outlets broadcasting in the city. (Added Council Journal of Proceedings, May 7, 1997, page 45169)
5-12-090 Identification Of Owner And Agents.
A landlord or any person authorized to enter into an oral or written rental agreement on the landlord’s behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name, address, and telephone number of:
(a) the owner or person authorized to manage the premises; and
(b) a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for notices and demands.
A person who enters into a rental agreement and fails to comply with the requirements of this section becomes an agent of the landlord for the purpose of (i) service of process and receiving and receipting for notices and demands and (ii) performing the obligations of the landlord under this chapter under the rental agreement.
The information required to be furnished by this section shall be kept current and this section extends to and is enforceable against any successor landlord, owner or manager.
If the landlord fails to comply with this section, the tenant may terminate the rental agreement pursuant to the notice provisions of Section 5-12-110(a). If the landlord fails to comply with the requirements of this section after receipt of written notice pursuant to Section 5-12-110(a), the tenant shall recover one month’s rent or actual damages, whichever is greater. (Prior code § 193.1-9; Added Council Journal of Proceedings, September 8, 1986, page 33771; Amend, Council Journal of Proceedings, November 6, 1991, page 7205)
5-12-095 Tenants’ Notification of Foreclosure Action.
(a) Within seven (7) days of being served a foreclosure complaint, as defined in 735 ILCS 5/15-1504, an owner or landlord of a premises that is the subject of the foreclosure complaint shall disclose, in writing, to all tenants of the premises that a foreclosure action has been filed against the owner or landlord. An owner or landlord shall also disclose, in writing, the notice of foreclosure to any other third party who has a consistent pattern and practice of paying rent to the owner or landlord on behalf of a tenant.
Before a tenant initially enters into a rental agreement for a dwelling unit, the owner or landlord shall also disclose, in writing, that he is named in a foreclosure complaint.
The written disclosure shall include the court in which the foreclosure action is pending, the case name, and case number and shall include the following language:
“This is not a notice to vacate the premise. This notice does not mean ownership of the building has changed. All tenants are still responsible for payment of rent and other obligations under the rental agreement. The owner or landlord is still responsible for their obligations under the rental agreement. You shall receive additional notice if there is a change in owner.”
(b) If the owner or landlord fails to comply with this section, the tenant may terminate the rental agreement by written notice. The written notice shall specify the date of termination no later than thirty (30) days from the date of the written notice. In addition, if a tenant in a civil legal proceeding against an owner or landlord establishes that a violation of this section has occurred, he shall be entitled to recover $200.00 in damages, in addition to any other damages or remedies that the tenant may also be entitled. (Added Council Journal of Proceedings October 8, 2008, page 39857)
5-12-100 Notice Of Conditions Affecting Habitability.
Before a tenant initially enters into or renews a rental agreement for a dwelling unit, the landlord or any person authorized to enter into a rental agreement on his behalf shall disclose to the tenant in writing:
(a) Any code violations which have been cited by the City of Chicago during the previous 12 months for the dwelling unit and common areas and provide notice of the pendency of any code enforcement litigation or compliance board proceeding pursuant to Chapter 13-8-070 of the municipal code affecting the dwelling unit or common area. The notice shall provide the case number of the litigation and/or the identification number of the compliance board proceeding and a listing of any code violations cited. (Amend. Council Journal of Proceedings, November 6, 1991, page 7205)
(b) Any notice of intent by the City of Chicago or any utility provider to terminate water, gas, electrical or other utility service to the dwelling unit or common areas. The disclosure shall state the type of service to be terminated, the intended date of termination, and whether the termination will affect the dwelling unit, the common areas or both. A landlord shall be under a continuing obligation to provide disclosure of the information described in this subsection (b) throughout a tenancy. If a landlord violates this section, the tenant or prospective tenant shall be entitled to remedies described in Section 5-12-090. (Prior code §193.1-10, Added Council Journal of Proceedings,
September 8, 1986, page 33771; Amend, Council Journal of Proceedings, November 6, 1991, page 7206)
5-12-110 Tenant Remedies.
In addition to any remedies provided under federal law, a tenant shall have the remedies specified in this section under the circumstances herein set forth.
For purposes of this section, material noncompliance with Section 5-12-070 shall include, but is not limited to, any of the following circumstances:
failure to maintain the structural integrity of the building or structure or parts thereof;
failure to maintain floors in compliance with the safe load-bearing requirements of the municipal code;
failure to comply with applicable requirements of the municipal code for the number, width, construction, location or accessibility of exits;
failure to maintain exit, stairway, fire escape or directional signs where required by the municipal code;
failure to provide smoke detectors, sprinkler systems, standpipe systems, fire alarm systems, automatic fire detectors or fire extinguishers where required by the municipal code;
failure to maintain elevators in compliance with applicable provisions of the municipal code;
failure to provide and maintain in good working order a flush water closet, lavatory basin, bathtub or shower or kitchen sink;
failure to maintain heating facilities or gas-fired appliances in compliance with the requirements of the municipal code;
failure to provide heat or hot water in such amounts and at such levels and times as required by the municipal code;
failure to provide hot and cold running water as required by the municipal code;
failure to provide adequate hall or stairway lighting as required by the municipal code;
failure to maintain the foundation, exterior walls or exterior roof in sound condition and repair, substantially watertight and protected against rodents;
failure to maintain floors, interior walls or ceilings in sound condition and good repair;
failure to maintain windows, exterior doors or basement hatchways in sound condition and repair and substantially tight and to provide locks or security devices as required by the municipal code, including deadlatch locks, deadbolt locks, sash or ventilation locks, and front door windows or peep holes;
failure to supply screens where required by the municipal code;
failure to maintain stairways or porches in safe condition and sound repair;
failure to maintain the basement or cellar in a safe and sanitary condition;
failure to maintain facilities, equipment or chimneys in safe and sound working conditions;
failure to prevent the accumulation of stagnant water;
failure to exterminate insects, rodents or other pests;
failure to supply or maintain facilities for refuse disposal;
failure to prevent the accumulation of garbage, trash, refuse or debris as required by the municipal code;
failure to provide adequate light or ventilation as required by the municipal code;
failure to maintain plumbing facilities, piping, fixtures, appurtenances and appliances in good operating condition and repair;
failure to provide or maintain electrical systems, circuits, receptacles and devices as required by the municipal code;
failure to maintain and repair any equipment which the landlord supplies or is required to supply; or
failure to maintain the dwelling unit and common areas in a fit and habitable condition.
(a) Noncompliance By Landlord. If there is material noncompliance by the landlord with a rental agreement or with Section 5-12-070 either of which renders the premises not reasonably fit and habitable, the tenant under the rental agreement may deliver a written notice to the landlord specifying the acts and/or omissions constituting the material noncompliance and specifying that the rental agreement will terminate on a date not less than 14 days after receipt of the notice by the landlord, unless the material noncompliance is remedied by the landlord within the time period specified in the notice. If the material noncompliance is not remedied within the time period so specified in the notice, the rental agreement shall terminate, and the tenant shall deliver possession of the dwelling unit to the landlord within 30 days after the expiration of the time period specified in the notice. If possession shall not be so delivered, then the tenant’s notice shall be deemed withdrawn and the lease shall remain in full force and effect. If the rental agreement is terminated, the landlord shall return all prepaid rent, security and interest recoverable by the tenant under Section 5-12-080.
(b) Failure To Deliver Possession. If the landlord fails to deliver possession of the dwelling unit to the tenant in compliance with the residential rental agreement or Section 5-12-070, rent for the dwelling unit shall abate until possession is delivered, and the tenant may:
(1) upon written notice to the landlord, terminate the rental agreement and upon termination the landlord shall return all prepaid rent and security; or
(2) demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the dwelling unit against the landlord or any person wrongfully in possession and recover the damages sustained by him.
If a person’s failure to deliver possession is wilful, an aggrieved person may recover from the person withholding possession an amount not more than two months’ rent or twice the actual damages sustained by him, whichever is greater.
(c) Minor Defects. If there is material noncompliance by the landlord with the rental agreement or with Section 5-12-070, and the reasonable cost of compliance does not exceed the greater of $500.00 or one-half of the monthly rent, the tenant may recover damages for the material noncompliance or may notify the landlord in writing of his intention to correct the condition at the landlord’s expense; provided, however, that this subsection shall not be applicable if the reasonable cost of compliance exceeds one month’s rent. If the landlord fails to correct the defect within 14 days after being notified by the tenant in writing or as promptly as conditions require in case of emergency, the tenant may have the work done in a workmanlike manner and in compliance with existing law and building regulations and, after submitting to the landlord a paid bill from an appropriate tradesman or supplier, deduct from his or her rent the amount thereof, not to exceed the limits specified by this subsection and not to exceed the reasonable price then customarily charged for such work. A tenant shall not repair at the landlord’s expense if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of the tenant’s family, or other person on the premises with the tenant’s consent.
Before correcting a condition affecting facilities shared by more than one dwelling unit, the tenant shall notify all other affected tenants and shall cause the work to be done so as to create the least practical inconvenience to the other tenants. Nothing herein shall be deemed to grant any tenant any right to repair any common element or dwelling unit in a building subject to a condominium regime other than in accordance with the declaration and bylaws of such condominium building; provided, that the declaration and bylaws have not been created to avoid the application of this chapter.
For purposes of mechanics’ lien laws, repairs performed or materials furnished pursuant to this subsection shall not be construed as having been performed or furnished pursuant to authority of or with permission of the landlord.
(d) Failure To Maintain. If there is material noncompliance by the landlord with the rental agreement or with Section 5-12-070, the tenant may notify the landlord in writing of the tenant’s intention to withhold from the monthly rent an amount which reasonably reflects the reduced value of the premises due to the material noncompliance. If the landlord fails to correct the condition within 14 days after being notified by the tenant in writing, the tenant may, during the time such failure continues, deduct from the rent the stated amount. A tenant shall not withhold rent under this subsection if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of the tenant’s family, or other person on the premises with the tenant’s consent.
(e) Damages And Injunctive Relief. If there is material noncompliance by the landlord with the rental agreement or with Section 5-12-070, the tenant may obtain injunctive relief, and/or recover damages by claim or defense. This subsection does not preclude the tenant from obtaining other relief to which he may be entitled under this chapter.
(f) Failure To Provide Essential Services. If there is material noncompliance by the landlord with the rental agreement or with Section 5-12-070, either of which constitutes an immediate danger to the health and safety of the tenant or if, contrary to the rental agreement or Section 5-12-070, the landlord fails to supply heat, running water, hot water, electricity, gas or plumbing, the tenant may give written notice to the landlord specifying the material noncompliance or failure. If the landlord has, pursuant to this ordinance or in the rental agreement, informed the tenant of an address at which notices to the landlord are to be received, the tenant shall mail or deliver the written notice required in this section to such address If the landlord has not informed the tenant of an address at which notices to the landlord are to be received, the written notice required in this section shall be delivered by mail to the last known address of the landlord or by other reasonable means designed in good faith to provide written notice to the landlord. After such notice, the tenant may during the period of the landlord’s noncompliance or failure:
(1) procure reasonable amounts of heat, running water, hot water, electricity, gas or plumbing service, as the case may be and upon presentation to the landlord of paid receipts deduct their cost from the rent; or
(2) recover damages based on the reduction in the fair rental value of the dwelling unit; or
(3) procure substitute housing, in which case the tenant is excused from paying rent for the period of the landlord’s noncompliance. The tenant may recover the cost of the reasonable value of the substitute housing up to an amount equal to the monthly rent for each month or portion thereof of noncompliance as prorated.
In addition to the remedies set forth in Section 5-12-110 (1) (1) — (3), the tenant may:
(4) withhold from the monthly rent an amount that reasonably reflects the reduced value of the premises due to the material noncompliance or failure if the landlord fails to correct the condition within 24 hours after being notified by the tenant; provided, however, that no rent shall be withheld if the failure is due to the inability of the utility provider to provide service; or
(5) terminate the rental agreement by written notice to the landlord if the material noncompliance or failure persists for more than 72 hours after the tenant has notified the landlord of the material noncompliance or failure; provided, however, that no termination shall be allowed if the failure is due to the inability of the utility provider to provide service. If the rental agreement is terminated, the landlord shall return all prepaid rent, security deposits and interest thereon in accordance with Section 5-12-080 and tenant shall deliver possession of the dwelling unit to the landlord within 30 days after the expiration of the 72 hour time period specified in the notice. If possession shall not be so delivered, then the tenant’s notice shall be deemed withdrawn and the lease shall remain in full force and effect.
If the tenant proceeds under this subsection (f), he may not proceed under subsection (c) or (d). The tenant may not exercise his rights under this subsection if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of his family, or other person on the premises with his consent. Before correcting a condition, the repair of which will affect more than his own dwelling unit, the tenant shall notify all other tenants affected and shall cause the work to be done so as to result in the least practical inconvenience to other tenants.
(g) Fire Or Casualty Damage. If the dwelling unit or common area is damaged or destroyed by fire or casualty to an extent that the dwelling unit is in material noncompliance with the rental agreement or with Section 5-12-070, the tenant may:
(1) immediately vacate the premises and notify the landlord in writing within 14 days thereafter of the tenant’s intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of the fire or casualty; or
(2) if continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenant’s liability for rent is reduced in proportion to the reduction in the fair rental value of the dwelling unit; or
(3) if the tenant desires to continue the tenancy, and if the landlord has promised or begun work to repair the damage or destruction but fails to carry out the work to restore the dwelling unit or common area diligently and within a reasonable time, notify the landlord in writing within 14 days after the tenant becomes aware that the work is not being carried out diligently or within a reasonable time of the tenant’s intention to terminate the rental agreement, m which case the rental agreement terminates as of the date of the fire or casualty.
If the rental agreement is terminated under this subsection (g), the landlord shall return all security and all prepaid rent in accordance with Section 5-12-080(d). Accounting for rent in the event of termination or apportionment shall be made as of the date of the fire or casualty. A tenant may not exercise remedies in this subsection if the fire or casualty damage was caused by the deliberate or negligent act or omission of the tenant, a member of his family or a person on the premises with his consent. (Prior code § 193. 1-1 1; Added, Council Journal of Proceedings, September 8, 1986,
page 33771; Amend, Council Journal of Proceedings, November 6, 1991, pages 7206 — 7212)
5-12-120 Subleases.
If the tenant terminates the rental agreement prior to its expiration date, except for cause authorized by this chapter, the landlord shall make a good faith effort to re-rent the tenant’s dwelling unit at a fair rental, which shall be the rent charged for comparable dwelling units in the premises or in the same neighborhood. The landlord shall accept a reasonable sublease proposed by the tenant without an assessment of additional fees or charges.
If the landlord succeeds in re-renting the dwelling unit at a fair rental, the tenant shall be liable for the amount by which the rent due from the date of premature termination to the termination of the initial rental agreement exceeds the fair rental subsequently received by the landlord from the date of premature termination to the termination of the initial rental agreement
If the landlord makes a good faith effort to re-rent the dwelling unit at a fair rental and is unsuccessful, the tenant shall be liable for the rent due for the period of the rental agreement. The tenant shall also be liable for the reasonable advertising costs incurred by the landlord in seeking to re-rent the dwelling unit. (Prior code § 193.1-12; Added Council Journal of Proceedings, September 8, 1986, page 33771)
5-12-130 Landlord Remedies.
Every landlord shall have the remedies specified in this section for the following circumstances:
(a) Failure To Pay Rent. If all or any portion of rent is unpaid when due and the tenant fails to pay the unpaid rent within five days after written notice by the landlord of his intention to terminate the rental agreement if rent is not so paid, the landlord may terminate the rental agreement. Nothing in this subsection shall affect a landlord’s obligation to provide notice of termination of tenancy in subsidized housing as required under federal law or regulations. A landlord may also maintain an action for rent and/or damages without terminating the rental agreement.
(b) Noncompliance By Tenant. If there is material noncompliance by a tenant with a rental agreement or with Section 5-12-040, the landlord of such tenant’s dwelling unit may deliver written notice to the tenant specifying the acts and/or omissions constituting the breach and that the rental agreement will terminate upon a date not less than 10 days after receipt of the notice, unless the breach is remedied by the tenant within that period of time. If the breach is not remedied within the 10 day period, the residential rental agreement shall terminate as provided in the notice. The landlord may recover damages and obtain injunctive relief for any material noncompliance by the tenant with the rental agreement or with Section 5-12-040. If the tenant’s noncompliance is wilful, the landlord may also recover reasonable attorney’s fees.
(c) Failure To Maintain. If there is material noncompliance by the tenant with Section 5-12-040 (other than subsection (g) thereof), and the tenant fails to comply as promptly as conditions permit in case of emergency or in cases other than emergencies within 14 days of receipt of written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and have the necessary work done in the manner required by law. The landlord shall be entitled to reimbursement from the tenant of the costs of repairs under this section.
(d) Disturbance Of Others. If the tenant violates Section 5-12-040(g) within 60 days after receipt of a written notice as provided in subsection (b), the landlord may obtain injunctive relief against the conduct constituting the violation, or may terminate the rental agreement on 10 days written notice to the tenant.
(e) Abandonment. Abandonment of the dwelling unit shall be deemed to have occurred when:
(1) actual notice has been provided to the landlord by the tenant indicating the tenant’s intention not to return to the dwelling unit, or
(2) all persons entitled under a rental agreement to occupy the dwelling unit have been absent from the unit or a period of 21 days or for one rental period when the rental agreement is for less than a month, and such persons have removed their personal property from the premises, and rent for that period is unpaid; or
(3) all persons entitled under a rental agreement to occupy the dwelling unit have been absent from the unit for a period of 32 days, and rent for that period is unpaid.
Notwithstanding the above, abandonment of the dwelling unit shall not be deemed to have occurred if any person entitled to occupancy has provided the landlord a written notice indicating that he still intends to occupy the unit and makes full payment of all amounts due to the landlord.
If the tenant abandons the dwelling unit, the landlord shall make a good faith effort to re-rent it at a fair rental, which shall be the rent charged for comparable dwelling units in the premises or in the same neighborhood. If the landlord succeeds in re-renting the dwelling unit at a fair rental, the tenant shall be liable for the amount by which the rent due from the date of abandonment to the termination of the initial rental agreement exceeds the fair rental subsequently received by the landlord from the date of abandonment to the termination of the initial rental agreement. If the landlord makes a good faith effort to re-rent the dwelling unit at a fair rental and is unsuccessful, the tenant shall be liable for the rent due for the period of the rental agreement. The tenant shall also be liable for the reasonable advertising expenses and reasonable redecoration costs incurred by the landlord pursuant to this subsection.
(f) Disposition of Abandoned Property. If the tenant abandons the dwelling unit as described in subsection (e) hereof, or fails to remove his personal property from the premises after termination of a rental agreement, the landlord shall leave the property in the dwelling unit or remove and store all abandoned property from the dwelling unit and may dispose of the property after seven days. Notwithstanding the foregoing, if the landlord reasonably believes such abandoned property to be valueless or of such little value that the cost of storage would exceed the amount that would be realized from sale, or if such property is subject to spoilage, the landlord may immediately dispose of such property.
(g) Waiver of Landlord’s Right to Terminate. If the landlord accepts the rent due knowing that there is a default in payment of rent by the tenant, he thereby waives his right to terminate the rental agreement for that breach.
(h) Remedy after Termination. If the rental agreement is terminated, the landlord shall have a claim for possession and/or for rent.
(i) Notice of Renewal of Rental Agreement. No tenant shall be required to renew a rental agreement more than 90 days prior to the termination date of the rental agreement. If the landlord violates this subsection, the tenant shall recover one month’s rent or actual damages, whichever is greater
(j) Notice of Refusal to Renew Rental Agreement. Provided that the landlord has not exercised, or is not in the process of exercising, any of its rights under Section 5-12-130 (a) — (h) hereof, the landlord shall notify the tenant in writing at least 30 days prior to the stated termination date of the rental agreement of the landlord’s intent either to terminate a month to month tenancy or not to renew an existing rental agreement. If the landlord fails to give the required written notice, the tenant may remain in the dwelling unit for up to 60 days after the date on which such required written notice is given to the tenant, regardless of the termination date specified in the existing rental agreement. During such occupancy, the terms and conditions of the tenancy (including, without limitation, the rental rate) shall be the same as the terms and conditions during the month of tenancy immediately preceding the notice; provided, however, that if rent was waived or abated in the preceding month or months as part of the original rental agreement, the rental amount during such 60 day period shall be at the rate established on the last date that a full rent payment was made. (Prior Code §193.1-13; Added Council Journal of Proceedings, September 8, 1986, page 33771; Amend, Council Journal of Proceedings, November 6, 1991, page 7215)
5-12-140 Rental Agreement.
Except as otherwise specifically provided by this chapter, no rental agreement may provide that the landlord or tenant:
(a) agrees to waive or forego rights, remedies or obligations provided under this chapter;
(b) authorizes any person to confess judgment on a claim arising out of the rental agreement;
(c) agrees to the limitation of any liability of the landlord or tenant arising under law;
(d) agrees to waive any written termination of tenancy notice or manner of service thereof provided under state law or this chapter;
(e) agrees to waive the right of any party to a trial by jury;
(f) agrees that in the event of a lawsuit arising out of the tenancy the tenant will pay the landlord’s attorney’s fees except as provided for by court rules, statute, or ordinance;
(g) agrees that either party may cancel or terminate a rental agreement at a different time or within a shorter time period than the other party, unless such provision is disclosed in a separate written notice;
(h) agrees that a tenant shall pay a charge, fee or penalty in excess of $10.00 per month for the first $500.00 in monthly rent plus 5% per month for any amount in excess of $500.00 in monthly rent for the late payment of rent; and
(i) agrees that, if a tenant pays rent before a specified date or within a specified time period in the month, the tenant shall receive a discount or reduction in the rental amount in excess of $10.00 per month for the first $500.00 in monthly rent plus 5% per month for any amount in excess of $500.00 in monthly rent.
A provision prohibited by this section included in a rental agreement is unenforceable. The tenant may recover actual damages sustained by the tenant because of the enforcement of a prohibited provision. If the landlord attempts to enforce a provision in a rental agreement prohibited by this section the tenant may recover two months rent. Prior code § 193.1-14; Added Council Journal of Proceedings, September 8, 1986, page 33771; Amend. Council Journal of Proceedings, November 6, 1991, pages 7215 — 7216)
5-12-150 Prohibition On Retaliatory Conduct By Landlord.
It is declared to be against public policy of the City of Chicago for a landlord to take retaliatory action against a tenant, except for violation of a rental agreement or violation of a law or ordinance. A landlord may not knowingly terminate a tenancy, increase rent, decrease services, bring or threaten to bring a lawsuit against a tenant for possession or refuse to renew a lease or tenancy because the tenant has in good faith:
(a) complained of code violations applicable to the premises to a competent governmental agency, elected representative or public official charged with responsibility for enforcement of a building, housing, health or similar code; or
(b) complained of a building, housing, health or similar code violation or an illegal landlord practice to a community organization or the news media; or
(c) sought the assistance of a community organization or the news media to remedy a code violation or illegal landlord practice; or
(d) requested the landlord to make repairs to the premises as required by a building code, health ordinance, other regulation, or the residential rental agreement; or
(e) becomes a member of a tenant’s union or similar organization; or
(f) testified in any court or administrative proceeding concerning the condition of the premises; or
(g) exercised any right or remedy provided by law.
If the landlord acts in violation of this section, the tenant has a defense in any retaliatory action against him for possession and is entitled to the following remedies: he shall recover possession or terminate the rental agreement and, in either case, recover an amount equal to and not more than two months rent or twice the damages sustained by him, whichever is greater, and reasonable attorney’s fees. If the rental agreement is terminated, the landlord shall return all security and interest recoverable under Section 5-12-080 and all prepaid rent. In an action by or against the tenant, if there is evidence of tenant conduct protected herein within one year prior to the alleged act of retaliation, that evidence shall create a rebuttable presumption that the landlord’s conduct was retaliatory. The presumption shall not arise if the protected tenant activity was initiated after the alleged act of retaliation.
(Prior code § 193.1-15, Added. Council Journal of Proceedings, September 8, 1986. page 33771)
5-12-160 Prohibition On Interruption Of Tenant Occupancy By Landlord.
It is unlawful for any landlord or any person acting at his direction knowingly to oust or dispossess or threaten or attempt to oust or dispossess any tenant from a dwelling unit without authority of law, by plugging, changing, adding or removing any lock or latching device; or by blocking any entrance into said unit; or by removing any door or window from said unit; or by interfering with the services to said unit; including but not limited to electricity, gas, hot or cold water, plumbing, heat or telephone service; or by removing a tenant’s personal property from said unit; or by the removal or incapacitating of appliances or fixtures, except for the purpose of making necessary repairs; or by the use or threat of force, violence or injury to a tenant̓s person or property; or by any act rendering a dwelling unit or any part thereof or any personal property located therein inaccessible or uninhabitable. The foregoing shall not apply where:
(a) a landlord acts in compliance with the laws of Illinois pertaining to forcible entry and detainer and engages the sheriff of Cook County to forcibly evict a tenant or his personal property; or
(b) a landlord acts in compliance with the laws of Illinois pertaining to distress for rent; or
(c) a landlord interferes temporarily with possession only as necessary to make needed repairs or inspection and only as provided by law; or
(d) the tenant has abandoned the dwelling unit, as defined in Section 5-12-130(e).
Whenever a complaint of violation of this provision is received by the Chicago Police Department, the department shall investigate and determine whether a violation has occurred. Any person found guilty of violating this section shall be fined not less than $200.00 nor more than $500.00, and each day that such violation shall occur or continue shall constitute a separate and distinct offense for which a fine as herein provided shall be imposed. If a tenant in a civil legal proceeding against his landlord establishes that a violation of this section has occurred he shall be entitled to recover possession of his dwelling unit or personal property and shall recover an amount equal to not more than two months rent or twice the actual damages sustained by him, whichever is greater. A tenant may pursue any civil remedy for violation of this section regardless of whether a fine has been entered against the landlord pursuant to this section. (Prior code § 193.1-16; Added, Council Journal of Proceedings,
September 8, 1986, page 33771; Amend, Council Journal of Proceedings, November 6, 1991, page 7218)
5-12-170 Summary Of Ordinance Attached To Rental Agreement.
The commissioner of the department of housing shall prepare a summary of this chapter, describing the respective rights, obligations and remedies of landlords and tenants hereunder, and shall make such summary available for public inspection and copying. The commissioner shall also, after the city comptroller has announced the rate of interest on security deposits on the first business day of the year, prepare a separate summary describing the respective rights, obligations and remedies of landlords and tenants with respect to security deposits, including the new interest rate as well as the rate for each of the prior two years. The commissioner shall also distribute the new rate of security deposit interest, as well as the rate for each of the prior two years, through public service announcements to all radio and television outlets broadcasting in the city. A copy of such summary shall be attached to each written rental agreement when any such agreement is initially offered to any tenant or prospective tenant by or on behalf of a landlord and whether such agreement is for a new rental or a renewal thereof. Where there is an oral agreement, the landlord shall give to the tenant a copy of the summary.
The summary shall include the following language:
“The porch or deck of this building should be designed for a live load of up to 100 pounds, per square foot and is safe only for its intended use. Protect your safety. Do not overload the porch or deck. If you have questions about porch or deck safety, call the City of Chicago non-emergency Number 3-1-1.”
If the landlord acts in violation of this section, the tenant may terminate the rental agreement by written notice. The written notice shall specify the date of termination no later than 30 days from the date of the written notice. If a tenant in a civil legal proceeding against his landlord establishes that a violation of this section has occurred, he shall be entitled to recover $100.00 in damages. (Prior code § 193.1-17; Added Council Journal of Proceedings, September 8, 1986, page 33771; Amend. Council Journal of Proceedings, May 14, 1997, page 45167; Amend. Council Journal of Proceedings, October 1, 2003, page 9191)
5-12-180 Attorney’s Fees.
Except in cases of forcible entry and detainer actions, the prevailing plaintiff in any action arising out of a landlord’s or tenant’s application of the rights or remedies made available in this ordinance shall be entitled to all court costs and reasonable attorney’s fees; provided, however, that nothing herein shall be deemed or interpreted as precluding the awarding of attorney’s fees in forcible entry and detainer actions in accordance with applicable law or as expressly provided in this ordinance.
(Added Council Journal of Proceedings, November 6, 1991, page 7219)
5-12-190 Rights And Remedies Under Other Laws.
To the extent that this chapter provides no right or remedy in a circumstance, the rights and remedies available to landlords and tenants under the laws of the State of Illinois or other local ordinances shall remain applicable. (Prior code § 193.1-18; Added Council Journal of Proceedings,
September 8, 1986, page 33771; Amend, Council Journal of Proceedings, November 6, 1991, page 7219)
5-12-200 Severability.
If any provision, clause, sentence, paragraph, section, or part of this chapter or application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this chapter and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person and circumstances affected thereby. (Prior code § 193.1-19; Added Council Journal of Proceedings,
September 8, 1986, page 33771; Amend, Council Journal of Proceedings, November 6, 1991, page 7220)
My sister, her adult daughter and her daughter’s 5 month old baby live in Chicago public housing scattersite but my sister plans on moving out before her new lease starts in Febuary. Does her daughter have to move out also? If not, does she have to pay the new rent amount even if housing knows she’s living there without any income?
CHA has changed its policy and they for the most part do not allow split transfers, meaning that the Section 8 goes with your sister and her daughter does not automatically get a subsidized unit. The daughter can apply to CHA though their waiting list is currently full. Some HUD buildings may have shorter lists or even vacancies though she will have to go visit each site individually.
I am planning on moving out of my apartment from which I have lived for 20 years. I was wondering, do I have to inform the landlord that I am moving, and if so how much time do I have to inform him that I am moving.
This is good question for MTO’s tenants rights hotline. If you are on a month-to-month agreement then you will have to give the landlord at least a 30-day notice prior to the start of a monthly rental period. So if yourent from the first to the first then it must be at least 30 days prior to the first. If you have a lease you must follow the terms of the lease regarding notice. If no notice is required then you may move at the end the lease. Certainly it is always better to provide the owner with notice. It will make an easier transition.
There is a big difference in Chicago as to a rental under the RLTO, between a month to month verbal lease, where 30-days written notice is required to terminate the lease by either party, AND, a written lease that ends on a particular date and where, under the RLTO, the tenant does not have a duty or responsibility to provide such written notice.
My landlord/manager of the condo I am renting, leased me this unit knowing it was under foreclosure. We did not know of this forclosure until just recently when we did some investigation, and contacted him (after several attempts)and asked for information on the foreclosure. He did not want to provide, so I advised him that I will withhold rent until he provides such documents. A couple of days later he served me with a 5-day notice. There are a lot of issues we’ve had with him prior to discovering the foreclousre. (it took him almost two months to provide rent reciept, security deposite receipt, and even a signature on the lease along with a copy, we’ve asked for several things to be replaced, and it has never happened, amongst others) I have recently been subjected to appear at court. What information should I have to justify my not paying rent. Please advise or forward me information to someone that can help..
Landlords are required to inform tenants if the building is in foreclosure. However this does not give you the right not to pay rent. My suggestion is to try and obtain the help of an attorney as eviction court is very unfriendly to unrepresented tenants. The last study that I heard was that over 98% of tenants who go into eviction court without an attorney lose. There are lists of attorneys at the top of the page under resources.
Readers should do a Google search on the publication:
“No Time for Justice”, published by the Lawyers Committee for Better Housing. Find the report, read it…at least the executive summary…and you will see how long it takes for a trial to take if the tenant does not have a lawyer.
My husband and I moved into a new apartment last week. We paid a security deposit last month (no receipt) but have not yet paid the first month’s rent. We do not have a written lease yet b/c our landlord was out of town; we had verbally agreed to meet with him when he got back and pay him when we signed the lease. He never called us to schedule the meeting. In the meantime, we have discovered all kinds of problems with the apartment: an enormous amount of dirt and dust due to recent renovation (we rented a shop vac and spent hours vaccuuming and cleaning); loud door-slamming right beneath us at all hours of the day and night from the staff of the bar next door (they use our basement as their liquor stockroom, which it turns out is illegal as well as nerve-wracking); the landlord gave us the name of the wrong gas company, so our gas hasn’t been turned on yet (no hot water, no stove, no dryer); and the electricity was suddenly shut off yesterday because it was still in the last tenant’s name and the account was in arrears. We want to move out on 4/30/10. We think the landlord will want to keep our security deposit AND have us pay rent for April. What are our rights?
It is impossible to answer your question at this time because I do not know where you live. There are different laws depending on whether you live in Chicago, Evanston, Mount Prospect or other municipalities. The laws around security deposits also depend on the size of the building and whether the owner lives on the premises. Certainly as an organization, MTO believes that State of Illinois should consider passing a comprehensive landlord and tenants ordinance that would cover all areas of the law. As for terminating a month to month agreement, the law generally requires that the tenant provide the owner with a 30 day written notice to terminate the lease. It does not sound like this happened so you may have some liability. Have you given the owner any notice about the repairs or cleaning that needs to be done.
On April 2nd 2010 Lois My Lanlord asked me to move because she wants her nephew to move in.I only been here 4 months. I’m a single mom of two and due to have a another baby in July.They know this. I will be homeless or in a shelter if I don’t find another place. I have no saving or funds to move again. My mom took out a loan from her 401k to move me here.MY mom lives in a very small apt and I will not be allowed to move in with 3 children.I feel this is not right that I only have 30 days I have no family but my mom and she also is a single mom. Where can I get money to move me and children again? I was very lucky to find such a nice place for 550.00. I can’t find another place for this price around here in such a nice area.Places are going for 700 800 here. OMG Please help me with an answer. Do they have the right to do this to someone? I don’t want an eviction on my record. I feel so hurt. I love it here and planned on staying here for sometime. I’m a good Mom and do my best.I work part time at the moment. I take care of my children, pay my bills and rent on time. Please help is this something a landlord can do to a tenant? Please In Chicago, IL
This is a very unfair situation and with the economy there are many people in this situation, possibly your landlord’s nephew. Is there a lease or are you on a month to month agreement. If there is a year lease then the owner cannot ask you to leave. If you are on a month to month agreement the landlord is in their rights as long as they have given you the notice in writing at least 30 before your next rental period.
If you have to move you may want to start by asking the landlord if they can give you back your security deposit now. Ask the landlord if they would inspect the unit now and they will see there is no damage. You may ask if you can have an additional month there? If you live in Chicago, you can call 311 and ask for homeless prevention funds. In the federal stimulus package passed last year there is money for situation like this if you qualify (ie have a job and can afford to pay rent)
I would inquire here whether there has been enough information given to this unfortunate person about the eviction process and the rights of tenants that may exist if other facts come to light.
I would strongly urge that when questions such as this are presented, that there should be a cadre of lawyers, ready, willing and ABLE to undertake representation on the proverbial “drop of a hat” to help persons like the one who left this particular note.
What is considered “wear and tear”? My old landlord is trying to keep our security deposit for nail holes in the walls, small nail holes made by the cable guy for his wiring, paint and three cracked tiles in the kitchen. These cracks are literally hair-line fractures with no points of impact. I had to get down on my hands and knees to find them. He has sent us a letter that states his repair guy estimates the costs at $825. There is not an itemized list attached with cost points per project, just a letter created on Microsoft Word. We took pictures of everything, even the holes, so we have evidence of our “damages”. March 15th will mark our 45 days post departure. He has sent us a check for the remainder of the security deposit, but we have no cashed it. We feel we are entited to more.
Wear and tear is not specifically defined. The three items that you listed certainly sound as if they could be considered normal wear and tear. My suggestion is that you contact the landlord in writing stating that you have pictures of the place when you left which clearly show there was no damage. There was no need to paint. You did not draw on the wall etc. The holes in the wall were tiny and a part of normal rental life. and thus normal wear and tear. The cracks in the tile were once again caused by normal wear and tear of people walking on the floor. Therefore you want your full deposit returned. Ask the owner to please contact you immediately to discuss this matter or you will have no recourse but to pursue legal alternatives which could result in penalties and legal fees being assessed. I would then negotiate with the landlord and see if you can get a fair settlement and if not you will have to hire an attorney.
Some day there will be a court case that goes into the question of what, exactly, is “normal wear and tear.” If there are some already, I’d like to know about them.
I became ill just before I was scheduled to move out of my (Chicago) apartment, 30 April. I notified my landlord by email that my doctor wanted me to go into hospital, due to exhaustion from lack of sleep: tenants above and below run, drag furniture around at all hours, etc. I further told him that a friend would be staying to take care of my bird and such, and that my friend speaks almost no English. Sorry, but we would have to discuss business later. I then told him that my computer was being packed up immediately and suggested he use the phone. (He knows mine is a cell phone, so I would not have to be home to get his call.)
On Saturday, the 5th, he came to the apartment and **banged** repeatedly on the front door and rang the bell like a lunatic, then repeated the cycle: banging, ringing.
On Monday, the 7th, there were 11 separate instances of banging and doorbell ringing (counting banging and ringing as a single instance) between the hours of 2:30 p.m. and 10:21 p.m. Front door, back door, door bell, you name it.
I was in bed sedated and had told my friend not to get answer and get into a non-conversation. My landlord still did not know that I had not gone into hospital, so what he thought he could accomplish is beyond me.
It was then discovered that he had changed the lock on my mailbox.
I received an email from his lawyer. Mind you, the landlord did not know that my computer was not still packed up. I emailed the lawyer the story and told him that the landlord was holding a security deposit equal to a month’s rent, and that, as I had reason to believe it would not be returned, he’d have to settle for that. (Not strictly legal, but no other choice at the time.) I also asked him how rational he thought it was that the landlord was still using email, after being told that my computer was being disconnected and packed up days earlier. And what would the lawyer have assumed, had I not reconnected it and found his email?
The landlord has never paid interest on my security deposit, never given me a copy of the tenant-landlord’s rights booklet, neglected repairs, and tried to blame me for not spotting a leak int he upstairs bathroom before the ceiling was damaged – (and never repaired). I might have noticed it sooner, except that there was already a wet-spot and minor cracking across a fairly wide area. (Who measures such things to see if there is an incremental change?)
The trap under my kitchen sink had fractured late one evening. I barely had time to run to the hardware store before they closed. I cleaned up the water from the trap and installed the new one, calling my landlord when it was finished. Turns out he was in the building. I told him that I’d already run the water and made certain there were no leaks, though of course he was welcome to come inspect it. He declined, but muttered something about ‘not like last time.’ (Thus I expected that he would try to keep my security deposit, blaming me for not spotting that earlier leak.)
The lawyer insisted and insisted that I call him, which I finally did. What was result of all this? He agreed to my emailed proposal that the landlord accept the security deposit as rent and agreed to get my landlord off my back so that I could recover well enough to get out of this horrid joint.
What is the ruling about harassment of uninvolved parties, renters, and **the changing of locks on mailboxes**? (I thought that interfering with the US mail was a federal offense.)
What is a landlord allowed to do when the rent is two days late? Is he allowed to show up and start banging on renters’ doors? This guy does so routinely, to anyone/ everyone.
Is he allowed to show up with little or no warning for any reason short of an emergency and demand immediate access?
You pose a lot of questions. Your situation would be best handled by calling the hotline. The number is on the bottom of the page. As for changing the locks on your mailbox that could possibly be considered a lock out. The following is the definition of a lockout under Chicago law
5-12-160 PROHIBITION ON INTERRUPTION OF TENANT OCCUPANCY BY LANDLORD.
It is unlawful for any landlord or any person acting at his direction knowingly to oust or dispossess or threaten or attempt to oust or dispossess any tenant from a dwelling unit without authority of law, by plugging, changing, adding or removing any lock or latching device; or by blocking any entrance into said unit; or by removing any door or window from said unit; or by interfering with the services to said unit; including but not limited to electricity, gas, hot or cold water, plumbing, heat or telephone service; or by removing a tenant’s personal property from said unit; or by the removal or incapacitating of appliances or fixtures, except for the purpose of making necessary repairs; or by the use or threat of force, violence or injury to a tenant=s person or property; or by any act rendering a dwelling unit or any part thereof or any personal property located therein inaccessible or uninhabitable.
The laws are vague as to what a landlord can do if your rent is late. Certainly the landlord cannot enter your unit without permission. Can he routinely disturb the quiet enjoyment of your apartment. This would be a question better answered by an attorney as it will require some interpretation of the law.
If your situation is covered by the Chicago landlord and tenants ordinance then the law states that in most situations the landlord has to provide the tenant with 2 days notice.
I recently called my landlord because the 3 window AC units in my apartment have not been functioning well. He sent out a workman who removed the front from 2 of the units and cleaned the units beyond basic removal of the built in filters. Since I have dogs he said that it was my fault that cleaning was my responsibility. Additionally, this would be the first time in 3 years we have had to do anything to the units, however I have been the one installing and moving them to storage each year. It seems to me if the units are part of the apartment, the upkeep should be his responsibility no matter what form it takes. He seems to think everything is the tenant’s responsibility.
I would tend to agree with you. If the landlord knew that you had dogs and did not put any clauses in the lease that might make you responsible then it would seem as though this is the landlord responsibility, especially given that it has not been maintained for at least 3 years. Have you been keeping the filters clean? As a tenant you have certain responsibilities to use all appliances in a reasonable manner which could be construed to mean cleaning filters. The landlord is not responsible for cleaning the place clean.
I live in chicago and am renting a condo from an individual owner. How much notice does the owner need to give me if he is deciding to increase the rent at renewal time? He has just informed us 23 days prior to our lease coming up. His reason for the big increase are taxes, assessment fees (which I think are justified), but also for the repairs he has had to make in the apartment. The only repairs that have been made were replacing the AC wall unit and a plumbing issue. It is stated in the lease that those are his responsibility. He is also refusing to replace a second AC unit because of costs and we are unable to have our child use her bedroom because of the excessive heat in the room. Does he have the right to include repairs in the rental increase and be able to refuse to fix/replace AC unit that is part of the apartment per our lease? Can we ask for a deduction in our rent or concession for the months we were unable to use that bedroom? Thank you!
Under the Chicago Ordinance if a landlord is not going to renew a lease they have to give you at least a 30-day notice. A large rent increase could well be considered a lease termination. If you are on a month to month that it has to be a 30 day notice for a rent increase. The landlord does not have to a reason for raising the rent and there are no laws governing the size of rent increases. However a landlord cannot retaliate against a tenant for asking for repairs or requesting an inspection from a City Department. There could be a retaliation argument. It is best to check with an attorney. Finally the law allows the tenant to withhold a portion of the rent if the landlord fails to make repairs or the tenant can use rent to make repairs. The tenant has to write a letter giving the landlord 14 days from the time of receipt to make the repairs. There are sample letters on our website. http://www.tenants-rights.org/category/landlord-tenant-faq/apartment-conditions-repair/.
What would be a “reasonable” amount or percentage of the rent to withhold (per section 5-12-110-4 of the RLTO) if the landlord is failing to provide hot water, which is an essential service listed under section 5-12-110 (f)?
That is a tough question to answer and probably best left to an attorney. It may depend on a variety of factors such as rental amount, is there no hot water or is it sporadic, how much you use the hot water, etc Are there any attorneys who could respond to this?
I’m renting an apartment located in Edgewater. When summer started hitting us hard I reported to my landlord the A/C furnace was not working properly. It may cool one day and then 6 days would only blow warm air. The first time he insoected it himself. The digital thermostat (I purchased and never deducted from rent) was set up to 70 degrees and the temperature was registered at 79 degrees inside. He said that was good and he could not do anything because he had a vacation trip to Greece and will be back in a month. Also said to contact his nephew or his wife to deal with the problem. Weeks passed and the unit worked one day and then stopped for few days and so on. For many occasions I called his nephew and he never made any efforts to repair the unit, so I left him alone. I called the landlady and expressed the problem. She sent the technician immediately. Unfortunately, and for my bad luck, the unit worked fine, but the technician said that the problem was a bad switch in the compressor and nnede to be replaced. The landaldy called the nephew and they agreed to fix it nex day. Next day came and he did not show up. I called the technician and he said the person never contacted him as agreed. Next day I called the landlady and only got voice mail. I had no other option that to leave a voice message telling her the unit was not working again and that it was extremelly hot in the apartment. I even said that I would pay the repair ($120.00)and then and deduct it from the next month’s rent. –No response– After that I called her nephew again and he said to me that he was busy on other things and that he would call me later. –No call–… One hour latter he showed up. The digital thermostat was set up to 70 degrees since early morning and the temoerature registerd inside the unit was almost 80. He said that temperature was ok for him, and that is normal at this tike of the year. He went upstairs to check the compressor and at the same time he was telling me he was calling the technician and he was not responding… Ironic, because the technician was texting me saying that this person was not alloing him to make any repairs even if I pay him. That it was ilegal if he come into his property and perform any repairs without his consent.– All messages are stored in my cell for evidence. The landlord’s nephew left my unit saying the temperature was right, (80 degrees) and that he couldn’t get a hold of the technician, and that he had to go because he had other things to do, and he would call me latter. –Never did–. Is this considered as retaliation? What can I do to resolve this problem?
Thanks,
Louis
If you live in Chicago and the owner of the property does not live on the premises, then the law allows you to give the landlord a written notice describing the problem and giving the owner 14 days to fix the problem from the time of receipt of the notice. If the problem is not corrected then you can hire someone to make the repair and deduct the cost from the rent. The cost cannot exceed the greater of 1/2 month’s rent or $500.
My landlord will not give key to to front door, I ahve asked repeatedly and she avoids my question. I live in a garden level apartment so my only access is through the basement which is really inconvenient and embarrassing to bring people in through. Is she legally allowed to not give tenants a front door key.. she says as longs as we can exit from both front and back she does not have to. Is this true. I really want to know.
I have never heard of this. I do not know of any law that addresses this specific issue. What is her reason for not giving you a key? If you leave out the front door can you lock it?
Hi John,
I live in West Lakeview area of Chicago, and our landlord has just told us that our monthly rent for a two bedroom/one bath is going to increase $200 (from $1500 to $1700) at the start of the new lease (Oct 1, 2010). I wasn’t sure if there was any sort of maximum on rental increase if there are no significant improvements to the rental property (our landlord has made no improvements, in fact has not bothered to fix any of things we have requested for the last 6 months). I thought I had read a long time ago that there is a 10% max increase? Might not be true for Chicago… do you know if there is any such law? And if so, what is the reference?
The $200 increase is about 13.3%, which seems absolutely ridiculous given the current economy. I guess negotiation?
Unfortunately, the city of Chicago has no limit on how much rent can increase. Like you, MTO would like to see some changes to that policy. http://www.tenants-rights.org/about-2/principles-of-affordability/
The best route for you immediately would be negotiation with your landlord. Long term, you may be interested in joining the Community Congress of Tenants that takes on campaign issues such as this and other pressing issues facing renters in Chicagoland. http://www.tenants-rights.org/programs/tenant-congress/
I’ve been looking for laws about natural disasters and can’t find any! My building was evacuated Jul 24 2010 and re-opened Aug 14 2010. By re-open I mean there were still things on the lease that were guaranteed that were inoperable (ex. Air conditioning/heat). I just want to know my rights as a renter for a situation like this when it comes to paying rent and lessors obligations. Thank you for your time John!
Hi, I moved out of my apartment July 31st. I cleaned the entire apartment and thought I left it in better condition than when I moved in. My landlord is charging me a fee to clean the stove and fridge anyway. I sent her my pictures of the spotless inside of both appliances and she replied that the fee is for the stovetop (wasn’t in the picture but I did clean it) and for the outside of the fridge on the top, back and underneath. Is a tenant required to pull out the appliances and clean behind/under them?
Secondly, I did not receive the letter with the list of deductions/receipts until September 3rd (34 days after my lease was up), however it was postmarked August 30th. Is it enough that the letter was postmarked on the 30th day, or is the landlord required to send it enough in advance that I receive it within 30 days of moving out? Thanks in advance for your help-
Here is what the Chicago Landlord and Tenants Ordinance states the landlord shall deliver or mail to the last known address of the tenant within 30 days an itemized statement of the damages allegedly caused to the premises and the estimated or actual cost for repairing or replacing each item on that statement. You should make sure that you are covered by the ordinance.
There are several items to look at: First the the statement was not delivered to you within 30 days. The law does not say put in mail within 30 days. There may be some question because of the post mark as to when it arrived. Secondly the law states the actual cost of repair. A fee sounds like a standardized deduction for cleaning an appliance so it may not reflect the actual cost. Did they send you a cleaning bill from a cleaning service? You said that you left the unit in cleaner condition than when you took. Do you have any documentation of that? Finally an argument can be made that as long as unit was reasonably clean that is all you are required to do and that some minor dirt should just be considered normal wear and tear. Options for dealing with this are: immediately contact and attorney to see figure out a strategy for dealing with and so see if the landlord may have violated other laws or send the landlord a letter stating you did not receive the letter within the required 30 days, you left the place in better condition and therefore should have been no deduction. If they do not refund your money that you will engage an attorney in which case the landlord can be held liable not only for the amount owed but penalties of twice the deposit plus attorney fees.
I live in Andersonville in a 3 flat building. My apartment is on the first floor and on the second live two “college students” that are giving me hard time ever since they moved.
This is the story: Although they are small and light, they walk like an elephants all around the apartment. And this is not all: Every night between the hours of two and three in the morning, and when they are back from partying, they start moving furniture and banging stuff on the floor and consequently I can not sleep for the rest of the night. Nedless to say, when they have boyfriends staing over is even worse… I am interested to find out what kind of college offers classes up to that late every night and what type of education they are receiving…
I have contacted my landlord and we have spoken and requested them to be reasonable and considerate about the fact. Their answer is that they will not change their behavior.
Last night I had to call the police to see if someone could help me out with this, but the agents, although they were very nice and supportive about my problem, they told me it is a civil matter and they could not do anything about it.
I have notified the my landlord about last night incident and said they will talk again tomorrow and will call their parents, since they are the responsible for the lease. I asked the landlord I want to be present when it happen.
What else can I do?
Please help
Juan
Noise is a very difficult issue. People have widely varied tastes and responses to noise. From your letter it seems like the police did not think that they were violating any noise ordinances. There are few laws that govern this situation. I do not know if there is carpet in the units or other sound proofing that the landlord could provide. I think meeting with students to try and figure out something is a good idea. Maybe you can tape record the noise so that you can better document it. It might be a good idea to keep some sort of journal detailing what is happening. You may want to talk with an attorney to see if there is any action you can take against the landlord or the tenants above you.
John
Thank you for your quick turnaround on my story. About the building, there is no carpeting on the floors neither a sound barrier between floors. Both landlords and I have spoken with the 2 “ladies” and they have answer to us with a defiant attitude that they will not change or modify their behavior. I have a log of incident by day and time as they occur just in case I have to go to court. The only thing I have not done is tape record them, ant that’s an excellent idea.
I have also given my landlord a copy of the “10 days to cure letter” so they can send it to the tenants, but I am getting just excuses from them.
I guess I am playing “solo” here. What is my best option to en this nightmare without having to move? A lawyer? How much it’s going to cost me?
Help!!!!
Juan
Thank you for your quick turnaround on my story. About the building, there is no carpeting neither a sound barrier between floors. Both landlords and I have spoken with the 2 “ladies” and they have answer to us with a defiant attitude that they will not change or modify their behavior. I have a log of incident by day and time as they occur just in case I have to go to court. The only thing I have not done is tape record them, ant that’s an excellent idea.
I have also given my landlord a copy of the “10 days to cure letter” so they can send it to the tenants, but I am getting just excuses from them.
I guess I am playing “solo” here. What is my best option to end this nightmare without having to move? A lawyer? How much it’s going to cost me?
Help!!!!
Our 21-unit building had this problem for several years, while the “families with kids” moved out (due to increasing neighborhood violence AND the building being converted to condos) and college kids moving in on short-term leases or no leases. I’ve called the police perhaps 15 times in my 7 years here. Often if they show up (!!!) it’s enough to scatter the noisy partiers. But when the noise has been just a handful of tenants, I’ve let the landlord know about specific incidents, and started becoming the person who’ll always bang on their door and complain. Eventually either (1) the landlord will ask them to move because he doesn’t want the police being called to his building every weekend, or (2) they’ll make a deal with me about hours when I won’t complain about noise and hours where they will keep it down. I believe in Chicago the hours of 10pm – 8am during the week are considered Quiet Hours when your noise is not allowed to reach someone else’s apartment. (On the weekends I think it’s 11pm – 8am.)
Can a landlord install a camera in a backyard without letting tenants know about it? Also, we are the only tenants that use the backyard to go to and from the garage, and the camera only looks at the backyard and the garage. there is no camera in the gangway to the front of the building, and there is no other way into the yard except through the locked garage or the front entrance.
I just noticed the camera installed after he stated my teenager was hanging out in the yard with her friends. It seems like a violation of privacy. please advise
A couple of thoughts: First is there any discrimination happening? Why is the landlord only looking at an area that you use? If you believe discrimination is the basis behind this then you may want to contact an attorney who specializes in that area of the law.
You did not mention whether the owner lived on site? If not, the there are laws regarding the landlord’s ability to enter the property. The law states: A tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit:
(a) to make necessary or agreed repairs, decorations, alterations or improvements;
(b) to supply necessary or agreed services;
It appears that you agree to this and it thus raises the question is it necessary? Most apartment complexes do not have such equipment installed.
Here is the definition of dwelling unit: “Dwelling unit” means a structure or the part of a structure that is used as a home,
residence or sleeping place by one or more persons who maintain a household, together
with the common areas, land and appurtenant buildings thereto, and all housing services,
privileges, furnishings and facilities supplied in connection with the use or occupancy
thereof, including garage and parking facilities.
Certainly there is an argument to be made that this was an illegal entry and the landlord did not have the right to enter the premises and install this. Though getting it taken down may be something else entirely. I might have a discussion with the owner about this and see what happens.
Sept 20 2010
Hi John:
I have lived in my apt ( lower 1/2 of a two flat ) since 10/2003. The “new” landlord bought the building and took over my lease in Summer 2006. Today, my electric dishwasher’s door hinge ( for lack of a better word/phrase ) broke. The dishwasher and motor and such still work perfectly, but the hinge will need some minor repairs ( non-electrical ) so it can be put back to working condition, thus allowing the door to be tightly shut and the dishwasher to be used as intended.
I notified my landlord about this today via text message and he informed that he too has a very similar ( perhaps even the same model ) and it is 10 years old and is in “perfect condition.” He furthermore told me that this is not normal “wear and tear” and if I wanted it fixed, I would assume whatever costs/effort, etc., were involved with said repairs.
“Dishwasher” is spelled out in my lease as being one of seven appliances that the “Apartment includes for the Tenants use”
The repair needed, in my opinion, is due to normal wear and tear, with the unit being around ten years old and most likely being opened and closed literally thousands of times in the past decade. Honestly and admittedly and to the best of my knowledge, I have not willfully damaged, and/or abused this dishwasher beyond what I consider to be normal ( and certainly “non-commercial” ) usage.
I am very upset here and this seems to be the classic definition of wear and tear: a part that absorbs the stress & weight of the door/bottom tray of the dishwasher, etc…..
I have looked up info on your website, the tenants/landlords rights, legal verbage, etc., and it seems to all come down to this nebulous “wear and tear” definition, correct? Also, is it assumed that appliances that are listed for tenants use, are also then to be maintained/repaired and/or replaced by a landlord when they need necessary repairs, maintenance and/or replacement?
Any advice/suggestions/tips, etc., you can provide would be most appreciated here……
All the best
GM
Logan Square
I live in Chicago and I just received a “notice requiring appearance in pending action” yesterday. I am behind on my rent by 2 months – I have been plagued by unemployment and I finally found a temporary position that might hire me on a permanent basis, but i’m already behind on rent. I gave the Landlord half the amount and they refused and in writing, demanded that I pay them the full amount, which included attorney’s fees. Of course, I am unable to do that until another couple of weeks, but in the mean time, I have to appear in court on Oct 6th. I have a few questions:
1. The notice says that summons was issues in said suit and was returned without service stating that service could not be obtained – I hadn’t received anything prior to this letter, so is this proper notice?
2. I will have the ability to pay $2,800 out of the $3,300 demanded by next week – I was thinking of mailing the Landlord a cashier’s check via certified mail. I know they are not obligated to accept that, but I would like to argue in court that I tried to remedy the situation and in good faith, provided most of the amount owed, but the landlord refused. Is that a weak argument?
3. If I lose my case, approximately how long will I be given to move out? My actual lease doesn’t end until 11/30/10 – i was hoping to stay until at least then and look for something else right now.
4. I have a perfect rental history record – now, with this on my record, will I be able to rent again soon?
Thanks for your help.
1. It seems as though this is a proper notice. Does it have a court date, time and court room location? If so, you are responsible for being there.
2. If I were you, I would not send the money. Your landlord already has you in court. Your best bet would be to hold the money and bring it (or proof of it) to court.
3. How long you can stay in the apartment depends on many different factors. See info below.
4. I believe the judgment on the case will be influential in your record, but just having a eviction case filed against you can be harmful to your credit. But as with other credit problems, you simply move on. Some landlords may hold the eviction against you but I imagine, especially in this economy, many may not.
In the meantime, my advice is to get an attorney. We would most likely refer you first to the Lawyers Committee for Better Housing. Their legal intake line is 312-784-3527. It would be in your best interest to call our hotline and get a referral faxed from our offices in addition to calling them.
When you call our hotline, we can also provide you with tips on what to do when you are in eviction court to win more time for yourself whether you have an attorney or not.
Call us ASAP. You say your court date is Oct 6th. The sooner you call the better. It is much more difficult to get an attorney to go with you if you call Oct 5th versus if you call us Oct 1st. 773.292.4988 M-F 1-5pm.
Hello I live in a flat building with my boyfriend and 3 kids. our landlord sold the building and didnt tell us until 2 days before the closing which was on Friday 9-24-10.The new landlord came by and introduce himself as the new owner but he never showed us any paper work stating who he was on top of that he gave us 30 days,here is my situation.I was on my way home from work and my boyfriend was at home at the time when the landlord came by and told him that we had 30 days and that we didnt have to worry about OCTOBERS RENT but if we needed more time we would have to pay him for November on the 1st my boyfriend told him ok and that we will be out by then. when i came home my boyfriend told me what happen and told me that that landlord was still on the property. i went outside and introduce my self he also told me the samething, that we didnt have to pay for October but if we needed more time we have to pay for November. October 2 he stopped by but i was not home so he left his number with my daughther for me to call him so when icame home i did that.He asked me and if i had the rent for October and i told him i didnt because he said we didnt have to pay. He said he never said that and then he said it was a misunderstanding between him and i but he told my boyfriend the same thing. Itold him That i had partial and that i was using that for a deposit on a new place and then he said we had a week to leave. CAN HE DO THAT?
I am unclear as to whether the new owner has given you anything in writing. A written notification is the first step for any eviction or change in lease. The old owner has to give you a written notice if you have a security deposit informing you of the transfer of property as well as the transfer of the security deposit. If you do not have a lease (if you do have a lease it is valid) the new owner has to give you a written 30 day notice to vacate the unit. Finally, if you fail to pay the rent when it is due then the landlord has to give you a written notice giving you at least 5 days to pay the rent. If you do not pay then the owner has to take you to court. It is illegal for the owner to physically evict without going to court and only the sheriff can actually remove you from your home.
As a suggestion when an owner inform you of anything verbally it always best to get them to put it in writing. If that is not possible or the landlord refuses then a suggestion would be to send the owner a letter documenting the discussion such as saying I am following up on our discussion of date where we agreed to the following:
My tenancy falls into one of the exclusions listed and my landlord dropped off a new lease with provisions that do comply with the rental laws. I sent a letter listing all provisions that I would like revised however I’ve been searching this website looking for a sample letter unsuccessfully.
Is there anyone that has gone through this procedure who can shed some insight on this situation ?
Thank you
MTO went through the process while negotiating our lease. We were able to get some of the changes and not others. There is no requirement that the landlord has to negotiate. Are there particular provisions that you are concerned with?
I have a two part question:
1) I am currently in a lease and would like to purchase a house. Can I be released from my lease without penalty?
2)If I found someone who is qualified to sublet the unit, can my landlord legally refuse to accept the sublet prospect?
My questions are stemming from the fact that my lease is up in May of 2011 and I would like to terminate my lease ASAP so that I might explore the option of purchasing a home that is being sold by a seller whom I am very familiar with. The seller needs to sell their home as quickly as possible, however, given the state of the housing market, it may be difficult. I do not want to let my opportuinty pass.
Thanks for the help!
If you live in Chicago and are covered by the Residential Landlord and Tenants Ordinance, unless there is a clause in your lease that would allow early termination you cannot terminate without penalty because you are purchasing a home. You can talk with the owner and if it is okay with the owner to leave then you can. I would get any agreement in writing. If you find some to sublet the landlord cannot refuse a reasonable person. If the person does not pay, the landlord may be able to hold you responsible. There may be other ways to terminate the lease if the landlord has not followed the rules.
Dear MTO,
My child and I live in a condo in Humboldt Park, renting from an individual owner. Our whole building is about 20 units and currently it appears that a third are empty due to foreclosures (the condo association has acknowledged that much of the building is in foreclosure.) My owner is out of state, foreclosed, then filed bankruptcy. Her court date is today and I expect to hear from the bank soon that they have seized my unit.
1. Do I hold my rent until I hear from the bank?
2. Do I have opportunity to buy this until myself from the bank?
3. If the bank decides to evict us, how long will we legally have before eviction date?
4. AND would I pay rent to the bank during that period?
Thank you for any info on this. My child and I can certainly move but hopefully not too quickly (he has special needs and I have few support people around).
Technically you are suppose to continue to pay the owner until the foreclosure is complete. If you do not pay the rent, then the owner will have to give you a 5 day notice to pay rent or vacate. Once the bank takes over, the bank representative should inform you of where to pay the rent.
Certainly you have the opportunity to purchase the unit. You should let the bank representative know.
If the bank decides to evict you, the length of time the bank must give you depends on whether you have a lease. If you have a lease then you can stay in the unit until the lease ends as long as you pay the rent and follow the rules. If the you have a month to month agreement then the bank has to give you a minimum of a 90 day notice.
My mailbox is broken and I am witholding rent till my landlord fixes it. He has told me I cannot do this because a mailbox isn’t guaranteed in the lease.
Am I legally allowed to withold rent till he fixes it.
The apartment is in a 3 flat where the landlord lives in one of the units and rents out the other 2.
You are not covered the landlord and and tenants ordinance as this is an owner occupied building of less than 7 units. The landlord is responsible for maintaining services and other material items that they provide. As for not paying the rent, that is the easiest way to get evicted. Why is the landlord refusing to fix this?
I have some questions
1 I went through a rental site to find my apt. thats in the city river north area they helped a lot, and when I finally meet who I thought was the landlord I understood to be paying rent to him, which I did the first 4 months without issue.
Finally I went to pay him this recent month and I was unable to find him. Since then I was locked out of my back account due to fraud and I only had partial payment of my rent which I tried with a written note to give him. He returned it back to me, yet I had no communication from him at all.
Then 2 days later he called me saying he was no longer getting in the middle of collecting my rent and his dad was the landlord and I have to pay him directly. 1st I didnt know that as he was the only person I meet as far as building etc. he then proceeded to threaten me with a 5 day notice if I didn’t give them the rent money the day he called. I work 3 jobs and was unable to make it until the next day and left a check and a letter stating my situation and a few issues I had pertaining to the rental.
He said I am not following the terms of the lease by not paying on the first, which I tried to do but he was no where to be found.
2nd he asked me to close my windows at night cause my kids are loud, its summer and I wont close my windows that unfair to use
3rd I don’t have a key to our backyard gate which means if an emergency happens I have no access to a second exit. which I also outlined in my letter as unfair and an issue for me.
In my lease it doesn’t say I am not allowed to use the backyard or to have a cerfew on guest I may have over yet the “landlord” as I quote cause im not sure who it really is at this point, yelled at my kids for being outside in the yard and the original “landlord” told me to have my guest leave at 10pm as though he were my father.
Im really having issues with this Im not sure how to go about things I don’t want to cause problems with the landlord but at the same time I feel it unfair that all of this is going on! and when I have one issue with my rent as I am trying to pay, he makes threats towards me and Im not sure what to do. I’ve never had an issue paying my rent before and wont again this is just an unfortunate circumstance. what should I do?
A couple of thoughts: The lease or house rules that your receive at the beginning of the tenure should state all the rules you have to abide by. There are laws about noise. As for the rent when it is late the landlord can demand payment and can give you a 5 day notice to pay or quit the premises. It has to be in writing.
Hello,
My landlord want to keep ~1/3 of my deposit for the following reasons:
• Multiple scratches on the wood floors cause by my dog that I was supposed to keep caged but I didn’t.
• A plugged drain that I never informed him about that needed work, because draino did not work.
• A broken microwave that I told him over an email that I would replace.
• A broken window that a friend of mine broke on accident
• Smoke detectors that I decommissioned because they started chirping
• A dirt tube and dirt curtains
Are these all fair items or can I fight any of them. He has receipts, but tomorrow will mark the 45th day since I moved out. We have had multiple email correspondences since I moved out and a few during the first 30-days of my vacancy.
A little about him, he’s does not live in the 3-flat building and gave me the impression that I would receive at least 66% of my deposit, but needed to talk to his contractors.
Do I have a case?
Thank for all your help.
Eric
Without seeing the damage, it is difficult to gage. A couple of things: it is the tenants responsibility to replace batteries and the owner’s responsibility to provide the smoke detector. Tenants are responsible for the damage caused by their guests. I am not sure why you would be responsible for microwave unless you damaged it and the same with the drain. I do not know what a dirt tube is.
John,
I appreciate your reply. Regarding your comments, the floor was pretty scratched up and the receipt from company doing the work, mentions pet damage. Doesn’t this fall under normal wear and tear? Not even if he approved of me buying a dog.
He had to buy a new smoke detector because one was broken and the other I lost. This is still his responsibility, correct?
All I did was use the Microwave, so he can’t discount this!
The drain was plugged with a lot of hair. He provided the apartment with Draino, but I only used it when the drain got bad. He told me to put Draino in it every 6months. How could he possible know whether or not I did this. This is normal wear and tear!
Sorry, I meant he discounted money for a dirty tub.
Look forward to your final reply.
Thanks again.
Eric
Defining normal wear and tear in some situations is not so easy. I thought that you mentioned that you were to keep the dog in a cage and that did not happen so that will leave the interpretation up to a judge in that you did not follow the agreement.
A lost smoke detector will be your responsibility.
The microwave and drain sound like normal wear and tear though the owner could find ways to contest this. I would try and negotiate with owner and see if you can come up with something that you both think may be more fair.
Hey,
I’m currently staying with a friend who signed a sublease to an apartment in UIC last year. The lease is up on July 31st but no one has a written copy. The landlord has not offered to renew the lease but has known that the tenant is showing the apartment to other sub-leasers and has stated previously that the agreement would stay the same. The current tenant doesn’t want to leave and has made it clear she’d like to renew the lease with the same terms. When one of the prospective tenants came to sign the lease today with the current tenant, the landlord said he hadn’t made one yet and that they’d have to come back. An hour later he tells the current tenant that he’s raising the rent $400 and everyone has to be out by the first. Is this legal? If it’s month to month, doesn’t he have to give 30 days “written” notice? Is this a situation that requires an attorney?
Thanks,
E
Yes the law requires that the landlord if they are going to terminate a lease (a $400/month rent increase sounds as if that is terminating the lease), the landlord has to provide the renter with a 30-day written notice to terminate the agreement.
Yes the law requires that the landlord if they are going to terminate a lease (a $400/month rent increase sounds as if that is terminating the lease), the landlord has to provide the renter with a 30-day written notice to terminate the agreement.
Is it true that a landlord needs to keep my deposit in a separate account during my stay? I live in a three unit apartment building.
I heard this is required for 4 or more unit and if not, then the landlord is require to pay much more if the tenant decided to go to court. Is there anything for 3 or less units?
One other question, What is the consequence of not return a deposit after 45-days?
He does not live in the building, but his dad lives in the garden apartment. I don’t deal with his dad at all and the lease is under the landlord alone.
Have a good one.
N
If the building is covered by the Chicago Ordinance then the deposit must be kept in a separate account. Do you live in the City of Chicago? Secondly does the dad have any ownership interest in the property? If the dad does then the building would not be covered. The consequences of not returning the deposit vary depending on whether the unit is covered by the Chicago Ordinance. In all cases the law requires the landlord to return the deposit though not necessarily in 45 days if the unit is not covered by the law.
I live in Chicago and have just moved into a new apartment a few blocks away from the old location. The lease for the old apartment ended on July 31st and the lease for the new one began June 1st–giving me a one month overlap. I have been steadily moving my possessions to the new apartment and returned to the old apartment on July 31st (in the morning) to find that the management company, MAC, had entered my apartment without providing any notice, and removed all of my few remaining possessions. Though there was not much left, there was a graduation gown and hood–two very important sentimental possessions. The building manager will not return my calls. There is a clause, in the lease, which allows for the management company to enter the apartment and clear its possessions only when the lease has expired or the apartment has been vacated. Though they knew I was moving out, I paid July’s rent in full and never provided a time when I was going to move out early (assuming that I could take the full month–as I paid for). They are supposed to keep my possessions in storage. But I am not sure if they have done so. What recourse do I have in this matter? It seems that their entry was unlawful and the removal of my possessions equally illegal. I am a student and do not have much money. Where can I find affordable and trustworthy legal counsel? Thanks so much.
I have lived in my apartment for the past 15 years and in February my apartment was burglarized. Recently, two neighbors who live above me was also burglarized. It was determined that someone other than the tenants had a key to the entrance door (locks or door wan’t tampered or damaged). We also have a security camera outside of the building but soon learned it was out of order.
The landlord agreed to replace the entrance door lock and repair the security camera but not compensate anyone for their losses. One of the individuals who was burglarized reported the burglar took some Jewry from her unlocked safe and not her flat screen TVs, electronics and other valuable items. Her apartment wasn’t disrupted at all(she’s currently dating the landlord’s son). However, my apartment and the other neighbor’s apartment was totally disrupted and all of our valuable items were taken.
I can’t prove who the burglar was but is it the landlord’s responsibility to provide a safe and secure environment? She did not make any security changes after my robbery and none currently. The neighbor who lost everything similar to me moved the day after her robbery and I plan to move in the near future. I am a single female, I’m very uncomfortable living in this building.
Do I have any legal rights? If so what are they, can I sue the landlord or should I just move and accept my losses? Would I be wrong if I withheld rent for this last month to assist me with my move? I already lived out my security deposit.
Thanks in advance for assisting me with this matter.
There is not really any simple answer to your question. From your email I cannot tell how long the camera was not working and if the landlord knew whether it was working. I do not know how the person got a key, was it a former tenant, did another tenant lose a key. Did the landlord know that there were keys outstanding? Did another tenant in the building let someone in?
In general the landlord is required to provide basic safety measures such a self-locking door. A security camera is not required though if one is present then the landlord needs to maintain it.
If you do not pay rent then you could possibly be evicted and have an eviction on your record. If you move without notice you could possibly be held liable for the duration of the lease.
My best advice would be to consult with an attorney. I am not sure that the law will be as supportive as you might like it to be.
I recently moved in to the 2nd floor to a three unit apartment building (each apartment has 4 bedrooms). The tenants who moved in upstairs are college students and play music extremely loud, extremely late into the night/early morning on week days. They are not concerned with are polite requests to turn it down. Is there anything we can legally do to pressure them to be respectful? Suggestions are much appreciated.
Noisy neighbors can be a very troubling and hard to deal with. There are City noise ordinances. They are enforced by the police. Have you complained to your landlord about the noise? Are other people in the building or potentially neighbors bothered by the noise? If so perhaps they can be convinced to contact your landlord and ask the owner to take action. Have you put in a written complaint to your landlord?
How much advance notice can a tenant request for property showings during the final 60 days of the lease?
If you are covered by Chicago’s Landlord and Tenants Ordinance, then the landlord has to give the tenant a 2 days notice each time the landlord intends to enter the unit.
Hi, it says that the Ordinance is not applicable in “An owner occupied building containing less than seven apartments..” I live in a condo building that has 6 units. 5 of them are owned and occupied by 5 different owners. I rent the 6th unit/condo from the owner who lives in another state. I assume that my situation is not considered and owner-occupied building right? Does my unit fall under the Ordinance or is it excluded based on the info above that I provided? Thanks
You are covered by the Chicago Ordinance if you live in Chicago.
Hi John, I asked my landlord to allow me to move out 6 months before the end of my lease term and he has agreed to find a replacement tenant. Can you please tell me this?: 1. If a new replacement tenant signs a new lease with the landlord for the same amount of rent that I’m paying today, does my liability for the remainder of my lease term end? For example, if the new tenant moves in and after 2 months stops paying the rent, would I be legally obligated to resume paying the rent for the remaining 4 months (i.e. until the end date of the lease that I had with the landlord)? 2. If the new tenant signs a lease with the landlord and gives first month’s rent and a security deposit, and then if they decide not to move into the apartment, is the landlord allowed to keep the first month’s rent and a security deposit or do those deposits need to be returned to the person since they did not move in? Thanks for your great help!
I rent a condo and recently found out that owner has not paid his mortage for 4-5 months. I was told by the owner the he was trying to renegotiate his mortage rate. Also he has not paid has assesments fee to the condo assoc. and learned that the assoc. is putting a lien on the property. I was also given a copy of his summons for foreclosure papers by the condo assoc. Tonignt the owner wants to talk about a new lease and a better deal. We just signed a new lease this past april. I’m really nerves. How can he renegotiate a new lease in the middle of a contract that we already signed. He said it’s going to be a better one for us. I’ve been in his condo for 5years. Any advise and sugguestions are welcomed. Thank You!!
Illinois state law states that banks need to honor leases when they foreclose on properties. There are some exceptions and one would be if the lease was negotiated in bad faith. I would consult with an attorney before signing a new lease that is going to be be better to make sure that if the foreclosure goes through that you will not have the lease invalidated. Certainly leases can be renegotiated if both parties agree.
I live in a sectin 8 hud apartment,in the southloop,I have been in my 1 bedroom apt for 2 years and stay on the second floor,I have a seriously insane crazy woman neighbor who lives directly across from my apt I have to turn my back to open my door to get in/out of my apt, this mentally challenged female calls me names through her door,it’s obvious that she is spying on me through the peephole in the front door,this has been going on since last summer 2010 when she was calling me a whore,me I have seen her 3 times the first time I saw her face the other times the back of her head, I get along with the rest of my neighbors on the same floor, so it’s not me because I am barely here, I have a life, I don’t always come in and out at the same time but I do respect my neighbors enough to be quiet if it is after hours day, evening, or night, anyway I have become really afraid to go to my apt without my brother watching my back because she is a much smaller woman with a very wiry body meaning that she could attack me before I know what is happening to react in time, and i don’t want to take that chance, my question to you is what can I do besides being a sitting duck with a big bullseye on my back,I feel that she wants to hurt me I told my landlord but it’s like she doesn’t care unless somethng happens to me, is there a way that I can carry a concealed weapon to protect myself from her and what do I do, I am very afraid on the 2nd floor because I can’t afford to move unless I want to be homeless, I have no where else to go, I have never had a problem with the landlord so what do I do?
There are not any easy solutions to this problem. Has the tenant actually threatened bodily harm? If so you may want to contact the police. I have no idea about what the rules are regarding concealed weapons and do not if there would be building rules that might prohibit that.
Hi John,
I moved into an apartment early on 9/16. My lease has a start date of 10/1/11. The landlord has said he needed to repair part of our sunporch and that per landloard rights he was allowed 30 days from our move in to complete the repairs. As it has been over 30 days since the technical move date and it is approaching 30 days from the lease start date what can we do to make sure we have access to our porch? Also, where is this rule that allows landlords up to 30 days to fix repairs (that we did not ask to be fixed)so we may have it on record? We really would like to use our porch and the landlord keeps putting his personal items out there and we would like to know what our tennants rights are as the porch is our emergency exit.
Thanks,
Erin
There is no such rule about landlords having 30 days to make repairs from the move in date. You can call the city of Chicago and request an inspection at 311. Does the landlord live on the premises? If so you have fewer rights. You might want to put your demands that this be fixed in writing and keep a copy of the letter.
Dear John,
As we move back into an era of BEDBUGS living with us as they always have in History, Pre 1920′s Post 2005. Im wondering about laws on the books for tenants/ Landlords? To protect tenants from Getting BedBugs/ The Treatment Rules / Guildines. Also to protect landlords of multi unit properties from the HIGH COSTS of Treatments, ($1500 per unit for heat treatments)can it be transferd to the tenants?
hi i have a problem with my upstairs neighbor ,i just move in in September and every sens a move she has complained about my t.v. volume now the first time she complained about it i stared setting some low volume stander ,during the day my tv is at the volume of 35 and at night is at 23 ,(i can burly heart it ) the max volume is on 80 but i never set it that high the first time she complain i notified the landlord and have him come over to approve the hi standard volume witch is 35 and he not only say that she was exaggerating but also approved my volume ,every sens then she has keep complaining like every day about my tv volume and says that if i don’t turn it off she will move out and because her rent is more money for the landlord she pays $1200 and i $675 the landlord doesn’t want her to move so he wants me to do as she say also i try talking to her once and she did not wanted an agreement other that turn my tv off and also sad that if the landlord doesn’t do something about it she will call someone and every time she complains she stars banging on her floor and my door and windows and gets aggressive …i’m desperate what can i do is there something i can legally do to stop her from harassing me????
This is a difficult situation to resolve. Why do you think that she is harassing you? Could there be any discrimination happening or does she just like peace and quiet and there is no sound insulation. Perhaps you could see if you landlord would be willing to put some sound insulation so that that the woman upstairs will not be bothered.
thank you for you advice,and yes it is insulated, i think it does have to do with discrimination, this is a tree story building and my neighbors from the third floor have told me to not let her intimidate me and that not only she likes quiet but she inspects complete silence, and the day i went upstairs to talk to her my tv was at 30 and i could not hear a thing, i think that perhaps in complete silence you might be able to hear very little in the back ground but very minor , not enough to say that is an infernos noise ,i also have talk to my next house neighbor and she is known around as the grumpy neighbor that has not even once sad hi to anybody on the neighborhood ,which honestly it is non of my business but i think that because she sees that i’m Hispanic i’m more easy to pick on even my little brother that met her once wail visiting me told me that she looks like she was doing this on porpoise.
at the end of it all i just want her to stop because i’m not planning on living like this for the rest of my lease or i don’t want to have to be ask to move out, over a noise that exist only in her head ,i feel like i already did what i could to keep my volume down so she is not bother ,and turning my tv off to me is not an option because i feel that if i’m paying a rent i should enjoy of watching tv in my house isn’t this a two way street i have to compromise keeping my volume low and she has to live with a little, very little noise ,after all we do live in Chicago and is a city full of noises even if you turn all you’r electronics off you can still hear the noise from the street inside you apartment.
i even went to the police department to see if there was something i could do and when i told them that she was doing all this over tv volume they all stared laughing and sad that even if she have call them to have them go over to get me to lower it or turn it off they couldn’t do it because is not even consider as disturbing behavior to have hi tv volume ,and that the only one that can get me to lower it is my landlord if he feels is needed ,and if it wasn’t because she pays more and has already threaten him with moving out he would not be saying anything aether, is so funny!!! the other night he came over to tell me that she complained again because that night was louder and that he came over and it was louder(now remember every seems she first complained i have keep it standard is always the same during the day is at 35 and during the night is at 23 and is like that every day ) so how come that some nights is louder to them and some nights is fine when the volume is always the same ????
again i just want to stop her if there is any way i can????
My 70 yr. old dad lives in a high-rise in Chicago. In September he signed a new lease for one year. He has since become unable to care for himself and the Chicago winter will be too harsh for him to bear. I want to move him with me (Texas) so I can take care of him. Is there any provision that will allow him to get out of his lease so he can move here?
There is no law that allows your dad to just break the lease because he is no longer able to care for himself. The law does say that a landlord must attach a summary of Chicago Landlord and Tenants Ordinance to the lease and if the landlord does not one of the rights of a tenant is to terminate the lease and move out. You might see there is a summary attached. Another possible solution is to ask the owner and see what the owner says. If the owner agrees, get everything in writing.
[...] Monica, West Hollywood, Beverly Hills, San Diego, Palm Springs…Other Cities: Seattle, and Chicago. Most rent controlled cities also require just cause [...]
I am a single mother of four, one child disabled. Rented and apartment from a guy on a month to month verbal. Paid two months call guy about leaking pipes, no answer, one month later another guy comes says hes the landlord and dema.d rent. He informs me that his friend ran off with rent payments. I say repairs need to be made and after repairs ill pay. No heat leaking sink stopped up toilet. He says no rent no repairs. One month later 7 day notice certified mail. 2 weeks later water shut off, voicemail, no rent no water. Disabled daughter placed in nursery until resolved. One month after that a woman shows up, threatens leave or this gets ugly. Already ugly, my reply, take me to court. One week later, get home from school, get kids from day care, boards on windows doors and locks changed. Landlord claim. Im a squatter. My question, what do i do, no rent receipts, no written lease. My prof light and gas bill also, inspection for disabled child. And nurses on duty majority of time in home. All i wanted was some heat and a runni.g toilet. Enough space for my daughters wheelchair and a backyard, too much to ask.
This is a lockout and illegal under the law. First step is to call the polices and ask them to call the landlord and to restore you to the premises. Next step would be to contact an attorney, if the police do not help then the attorney can. If you have limited income you might try calling the Legal Assistance foundation 312-341-1070.
In Chicago, do all persons over the age of 18 that plan to occupy the apartment have to sign the lease and pass credit approval?
In Illinois there is no law one way or another. It is up to the landlord and what the lease states.
Hello I’ve been informed by my landlord that she would evict me based on violating a lease agreement of no pets. I have a 7 year old daughter and since moving in this unit 2 years ago ive contantly have issues with mice. I contacted them numerous times to repair and they claim they have but i was constantly seeing mice. I called the city and reported them but by thae time they came out i had already purchased a cat. I know it violates my lease agreement but the cat has been catching every mouse that enters or tries to enter the apartment. Lately hes been catching baby mice which means they have spread also im hearing them in the walls. Tje landlord is aware of the pest issues and stated they are working on it how are u still working on a pest issue after 2 years. She informed me that if i dont get rid of my cat she will evict us sice it violates our lease agreement. How can she say that when the neghbors even complain we even hear them in the wall. What can i do to protect us from eviction i need my cat i cannot afford to move at the.moment. I dont want my child or myself getting bit by those things. What should i do
I am sorry to hear about your mouse problem.
There are 2 issues the mice and then your response of getting a cat.
As for the cat, it is a violation of the lease and the landlord maybe able to evict you because of it. The landlord may say there are other ways to get rid of the mice.
The law would allow you to give the landlord a written notice describing the problem that there are mice in your unit and this is a violation of your rental agreement. Then in the letter state if the problem is not resolved within 14 days that you will hire an exterminator and deduct the cost from the rent. If the problem is not taken care of with the 14 days then you can pay the exterminator and take that cost off of your next rental payment.
You may want to discuss this with other tenants in the building. They may also want to sign onto the letter. You could suggest to the landlord that a cat even though against the lease is a much cheaper alternative.
I’m about to sign a standard chicago apartment lease. Ordinance will apply (3-unit building not owner occupied). I have two questions:
1. Under “Rules and Regulations #4″ It states: “children are not permitted to play in the common areas”
One of the reasons we are moving to this property is because of the yard behind the building for our children to use. The owner is aware of this. Can we both cross-out and initial this part of the lease? And why is this even in the standard chicago apt. lease since families are already faced with so much discrimination?
2. The building is currently for sale and under contract. The owner has stated the purchaser has no intention to live in the building and that our lease and deposit would just have to be transferred to the new owner, but would be unchanged. Is there any legal way we could potentially be asked to leave if we have a one-year lease in effect before the purchase closes?
Thank you.
The rule sounds if it could be discriminatory based on familial status. A landlord could state that no one can play in the common areas but to only say children could be a problem. You could potentially file a complaint with the City of Chicago. If the landlord is willing to get rid of the clause then you can cross out the offending clause and both initial the change.
Once you sign a lease, the new owner purchases the lease along with the property. As long as there is no clause in the lease that allows for the owner to terminate the lease early (you would also have to be given the same opportunity to terminate early), then as long as you follow the rules and pay the rent then you can stay for the duration of the lease. If the the clause only allows the landlord to terminate early then the clause has to be on a separate addendum and cannot be buried in the fine print.
Thanks for your answers. The landlord had no problem crossing out #4 of the Rules and Regs section regarding children playing in common areas. We discussed and thought the lease intent was for actual building common areas like hallways, lobby, etc. which don’t even apply to this property. And the landlord is fine with our children playing in the yard.
However, I do think the City of Chicago should remove this clause from the standard lease and I will file a complaint if you can tell me how to do so.
Thank you.
You should call our tenants rights hotline 773-292-4980. This sounds like a lockout situation.
John