Category: Landlord & Tenant Rights
Guides about heat, locks, leases, apartment conditions, evictions, foreclosures and other landlord/tenant responsibilities.
MTO takes on Application Fees
MTO hotline counselors have been hearing that landlords have been charging applicants outrageous fees when applying for housing without providing any explanation for the basis of the fees or if they are refundable. These ambiguous fees can go towards background checks, credit checks, or simply be used as a holding fee to “guarantee” the next available room. We do not know how many landlords are asking for these large fees. However, we are aware that some applicants have paid several hundred dollars in mysterious application fees only to find out there is no vacancy in the building. Subsequently, these applicants are denied a refund.
Representative Barbara Flynn Currie is responsible for introducing HB 1607 ca. HB 1607 will require landlords and management companies to charge reasonable fees and provide a written itemized account of each fee. HB 1607 was passed by committee on March 16 by party vote. This bill will make it illegal for companies to charge prospective tenants fees when there are no rental units available and hold companies responsible for making a good faith effort to return any amount of an application fee that is not used. Management companies or landlords that violate this law would be liable to the applicant for the application fee, civil court filing costs, and reasonable attorney fees incurred. Metropolitan Tenants Organization would like to hear from you. Have you been charged an application that seemed high? If so, what was it for and did you rent the apartment? Your stories can be helpful in securing passage of this law. 
Deadly Dangers of Using the Stove for Heat
During the winter season, MTO’s hotline receives numerous calls from tenants about a lack of heat in their units. When we ask what steps the resident uses to address the problem in the meantime, a frightening number report that they are using their gas stoves as a solution. Some residents leave the burners on, some continuously boil large pots of water, and others leave the oven door open. All of these actions can and do lead to carbon monoxide poisoning.
What prompted the writing of this post was a recent conversation with a tenant. The tenant was following up to report the lack of heat in her unit. She explained that not only was this problem irritating, but that her entire family has experienced constant headaches and she was even having trouble waking up, which was not normally a problem for her. She mentioned that her sister had called her earlier and she hadn’t heard the phone ring. Her kids – especially her daughter who slept in the back bedroom near the kitchen— was having a lot of difficulty waking up for school. All of these incidences are major symptoms of carbon monoxide poisoning.
Carbon monoxide can slowly put you to sleep and once asleep, you are unable to escape the hazard. Hundreds of people die in a carbon monoxide induced sleep every year according to the Environmental Protection Agency (EPA). Those that don’t die from heating their homes with gas stoves still experience less than lethal, but still harmful, side effects. “At low concentrations, [CO can cause] fatigue in healthy people and chest pain in people with heart disease. At higher concentrations, [CO can cause] impaired vision and coordination; headaches; dizziness; confusion; nausea. Fatal at very high concentrations.” (USEPA)
So what should one do when it just gets too cold? Electric space heaters with safety mechanisms to prevent fires and other hazards are good options for small spaces. Tenants should also call 311, request a heat inspection, and get a reference number for their phone call. Generally, during the winter season, it may take up to three days for a heat inspector to conduct an investigation in your home. For more information about your rights and possible remedies when heat or other essential services are not working properly, click here.
CLICK BELOW FOR ADDITIONAL INFORMATION ABOUT:
No RLTO – Terminate Tenancy – Sample Letter
This letter applies to residents within the city of Chicago only who are covered under the Residential Landlord Tenant Ordinance (RLTO). 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.
Bed Bugs – FAQ
What are bed bugs?
Bed bugs are small, wingless insects that feed on the blood of warm-blooded animals. Bed bugs prefer human blood, but can also feed on pets if people aren’t present.
Are bed bugs disease carriers?
There isn’t any medical evidence that bed bugs pose any sort of health risk. Some people do, however, experience mild reactions to their bites. It is also possible for the bites to result in secondary infections if scratched.
How did I get bed bugs?
A bed bug infestation is not an indicator of a lack of cleanliness. Bed bugs feed on blood and are attracted to CO2. They may have hitchhiked onto your belongings and into your home or, if you live in a multi-unit building, they may have traveled from an adjacent unit.
So, there really isn’t any link between bed bugs and sanitation?
None. Bed bugs are not attracted to filth nor do they feed on it. However, reducing clutter is extremely important as clutter can provide hiding space for bed bugs. Bed bugs will thrive in cluttered environments because the effectiveness of your pest control plan will be limited.
I have a bed bug infestation. What do I do?
Around the House
-Reduce clutter in the home. These are safe havens for bed bugs.
-Vacuum frequently.
-Wash clothes in hot water and dry in high heat for a minimum of 20 minutes.
-Do not apply pesticides on your own. Applying pesticides should be left to licensed pest control professionals.
-Never use bug bombs or total release foggers. These can worsen the infestation and are extremely harmful to your health.
Beds and Furniture
-Steam clean your bed and other furniture at a heat of 120 degrees or more.
-Encase your mattress and box spring with bed bug proof mattress protectors.
-Do not apply pesticides to your bed or other furniture. Pesticides are often harmful to people.
-Do not throw away your furniture until a pest control professional tells you that it can’t be salvaged.
-If you must throw away your bed or other furniture, please dispose responsibly. Render the furniture unusable by slashing all sides or spray paint “bed bugs” in large letters.
Remember, bed bugs and their eggs absolutely cannot survive temperatures higher than 130 degrees Fahrenheit.
Is my landlord responsible for ridding my unit of bed bugs?
On June 5, 2013 Chicago alderman passed an ordinance on bed bug control. The ordinance requires eradication to be performed by a pest control professional as many times as necessary to eliminate the reported problem. Click here to read the full ordinance.
The City of Chicago has recently been named the nation’s #1 city infested with bed bugs. Everyday MTO’s tenants’ rights hotline receives calls from renters throughout the City and suburbs dealing with the pesky pests. Bed bugs are not unique to Chicago. They are undoubtedly a nuisance and hard to control. Controlling bed bugs requires tenants and landlords working together. There are key components of the ordinance that all renters should know. Let’s start with landlord responsibilities:
- To supply a tenant starting or renewing a lease with an informational brochure
- To maintain a written record of bed bug control efforts
- To send a written notice to the tenant explaining their responsibilities before the inspection
- To provide pest control services when bed bugs are found by a pest management professional as many times as necessary to eliminate the problem
- To inspect within 10 days and treat if necessary the two units on either side as well as the two units above and below of the infested unit
The ordinance also outlines what tenants’ responsibilities are to help eliminate bed bugs. Please note that this section of the ordinance does not apply to tenants living in assisted living or a shared housing establishment, when the establishment provides assistance with daily living activities. According to the ordinance, tenant responsibilities include:
- To notify the landlord in writing of any suspected or known infestation in the tenants’ unit, clothing, furniture or personal property within 5 days
- To notify the landlord in writing of any recurring or unexplained bites, stings or sores suspected to be caused by bed bugs
- To cooperate with the landlord in the control, treatment, and eradication of bed bugs including
- To grant access at reasonable times upon reasonable notice for inspections and treatments/to not interfere
- To prepare unit prior to treatment including: cleaning, dusting, vacuuming
- To properly dispose of personal property that cannot be treated or cleaned before the pest control services
The Chicago Bed Bug Ordinance also mandates the disposal of bedding, clothing, furnishings or other infested materials. For example, you may not place, discard or dispose of any bedding, clothing or furnishings infested on the public way (i.e. dumpsters, sidewalks, hallways). To get rid of infested items, you must enclose the item in a plastic bag and label it as infested. Doing so should prevent neighbors from bringing to their home infested items, therefore stalling the spread of bed bugs.
The ordinance will be enforced by the Department of Buildings and the Department of Public Health. If any person is found violating the ordinance, that person may be fined $300.00 to $1,000 per day for each offense. By complying with the ordinance, these fees can be avoided.
My landlord won’t accept responsibility. What should I do?
You can call MTO’s Tenants’ Rights Hotline to speak with a hotline counselor about your situation. The hotline is open Monday through Friday, 1pm – 5pm. If you live in a building with 12 or more units and other renters in the building are living with bed bugs, you may also request a visit from an organizer who can assist you in getting your requests met by your landlord.
Learn more about tenant remedies for pest infestation here.
Apartment Conditions and Repairs – FAQ
NOTE: If your landlord lives in your building, see the “Exceptions” note on the right side of this page.
What is my landlord responsible for?
Your landlord has a duty to keep your apartment in good shape and make all necessary repairs. If she fails to do this, you may be able to:
- Make the repairs yourself and deduct their cost from your rent;
- Withhold a portion of your rent;
- Sue your landlord; or
- Terminate your lease agreement. This pamphlet explains when and how you can do these things.
What must my landlord do to maintain the condition of my apartment?
Keep your toilet, bathtub, shower, and bathroom sink in good working order;
- Keep your furnace and boiler in good working order;
- Keep your windows weatherproof;
- Keep your floors, walls and ceilings in good repair;
- Keep your plumbing fixtures in good repair;
- Keep your electrical outlets safe and operable;
- Prevent the accumulation of stagnant water;
- Keep all of the appliances he supplies in good working order;
- Maintain the building is foundation, exterior walls, and roof in good and watertight condition;
- Provide adequate hall and stairway lighting; Keep all stairways and porches in a safe and sound condition;
- Provide trash containers;
- Protect you against rodents and insects by exterminating; and
- Comply with all other requirements of Chicago’s Municipal Code.
If my landlord doesn’t make necessary repairs, can I use my rent to pay for these repairs?
Yes, but only if the repair will not cost more than $500 or one-half of your rent (which ever is greater). Using your rent money to make necessary repairs is called “repairing and deducting.”
How do I “repair and deduct?”
First you must give your landlord a written notice stating that, unless she makes the necessary repairs within 14 days, you will make them yourself and deduct their cost from your rent. Keep a copy of the notice. If your landlord doesn’t make the necessary repairs within 14 days of receiving the notice, you can make the repairs or pay someone else to do it. After giving your landlord paid receipts to confirm the cost of repair, you can deduct this cost from your rent. See sample letter here.
What if I want to repair a problem in a common area, such as a stairway or hallway?
You must first give all of the other tenants written notice of your plan to make the repair.
If my landlord doesn’t make necessary repairs, can I withhold a portion of my rent?
Yes, but first give your landlord a written notice stating that, unless she makes the necessary repairs within 14 days, you will withhold a certain portion of your monthly rent payments. NOTE: You cannot withhold a portion of your rent and “repair and deduct” in the same month.
If I decide to withhold a portion of my rent, exactly how much should I withhold?
The amount you withhold must reasonably reflect the reduced value of your apartment. Be conservative. You cannot withhold all your rent unless your apartment is in such bad shape that you must move, and you can rarely withhold as much as 50%. If you withhold too much, your landlord may be able to evict you for nonpayment of rent. To be safe, consult with an attorney. See “rent reduction” sample letter here.
Can I terminate my lease because my landlord has failed to make necessary repairs?
Yes, but only in very serious cases. Consult with an attorney first.
How can I terminate my lease?
First, you must provide your landlord with written notice that you will terminate your lease in no less than 14 days unless he makes whatever repairs are necessary. If she does not correct the problem within 14 days of receiving this notice, you may terminate your lease agreement. If you terminate the lease, you must move within the next 30 days otherwise your lease will remain in effect. See sample letter here.
If my landlord doesn’t make necessary repairs, can I sue him/her?
Yes, but consult with an attorney first.
Can I make my landlord pay for the cost of repairing a problem I caused?
No.
What if my landlord fails to provide me with an essential service (such as heat, electricity, or running water)?
See the page entitled Heat & Other Essential Services.
Does my landlord have to repaint my apartment?
Not unless the paint is cracking or peeling.
Can I sue my landlord if my property is damaged in her apartment?
Only if the property was damaged as a result of your landlord’s negligence.
Please Note: This information, published by the Legal Assistance Foundation of Chicago and the Metropolitan Tenants Organization as a public service, gives you only a general idea of your rights and responsibilities under the Residential Landlord and Tenant Ordinance and other relevant chapters of Chicago’s Municipal Code. It is meant to inform, but not to advise. Before enforcing your rights, you may want to seek the advice of an attorney who can analyze the facts of your case and apply the law to these facts.
Still can’t find the answer? Send us your questions. Please allow several days for a response.
Lawyers, Low-Income Housing & Other Resources
This is an informational resource list. None of the following organizations have affiliation with the Metropolitan Tenants Organization.
Legal Organization Referrals
Evictions (tenant must be low-income)
Lawyers’ Committee for Better Housing …………..312-784-3527
Chicago Volunteer Legal Services (serves Spanish speakers)………………..…312-332-1624
Chicago Legal Clinic (retaliatory eviction only) (serves Spanish speakers)………773-731-1762
Advice before court or to get an extension to stay:
CARPLS Advice Desk Room 602, Daley Center located at Station 7 – Pro se defendants only
Kent Law School Advice Desk Room 602, Daley Center – Pro se defendants only
Illinois Legal Aid Online Pro Se www.IllinoisLegalAid.org www.AyudaLegalIl.org
Tenants in CHA or HUD housing or on a Section 8 program
LAC (must fit under income guidelines)…312-341-1070
(unit conditions ONLY)……………….312-229-6093
Cabrini Green Legal Aid……..312-738-2452
Security Deposit Defense
Chicago Legal Clinic (deposit must be $2500 & over) ($30 1st visit & court)….773-731-1762
Cabrini Green Legal Clinic (income guideline & $20.00 fee)……….312 738 2452
Lawyers Committee for Better Housing……(312) 784-3527
Tenants over 60 years of age
Chicago Department on Aging………312-744-4016
Tenants with Disabilities And Seniors
Mayor’s Office for People with disability up to age 59 ……….312-744-6673
Legal Clinic for the Disabled and seniors (must receive referral from Chgo. Dept. Of Aging)……. 312-908-4463
Center for Disability and Elder Law (they also cover legal issues beyond Tenant/Landlord)………312 376 1880
Community Counseling Centers of Chicago (C4)…………………………………………………………………..773-769-0205
National Alliance on Mental Illness of Chicago HELPLINE………………………………………………….312-563-0445
Tenants living in Logan Square or surrounding neighborhoods:
Micah Legal Aid……… …….773 463-6768
Tenants living in or around Uptown area 60640
Uptown People’s Law Office (Eviction Defense Only) ………… ………773-769-1411
Suburbanites with questions
CARPLS (Cook County, serves Spanish speaking tenants too)…… …..312-738-9200
Open Communities (North & Northwest Cook County Suburbs)…847-501-5760
Prairie State Legal Services DeKalb & Kane………..630-232-9415
Du Page……… ..630-690-2130
Kane………….…630-232-9415
Lake & McHenry………847-662-6925
Will………………815-727-5123
Peoria…………….309-674-9831
MTO Lawyer Referral List
PRIVATE ATTORNEYS
Aldon Patt (security deposit) ……….312-641-0885
Brian Gilbert (eviction, security deposit, and consumer defense)….872-216-4615
David Morris (security deposit, affirmative RLTO, class actions, retaliation, lockouts, illegal entry, trespass, and utility theft if $3000 or more is owed to tenant) Chicago, Mt. Prospect, Oak Park and Evanston………………312-986-3200
Hall Adams (bed bugs, must demonstrate via paper trail that the bed bug issue has occurred)……………….. 312-445-4900
Joan Fenstermaker (security deposit, retaliation, foreclosure, illegal lockouts and illegal late fees)…….312-371-6473 or http://givemebackmydeposit.
John Norkus (security deposit, unit conditions, evictions, consumer)…312-600-7457
Joseph F. Vitu ……….312-726-2323 (building conditions, personal injury)
Susan Ritacca …………… 872-222-6960
Philip J. DeVon…………… 773-217-8481 (security deposit, illegal lockouts, conditions)
Michael A. Childers (security deposit, other legal advice)………..312- 641-1900 (speak or leave message with Beverly Hadley)
Mike Radzilowsky (primarily evictions) …………312-986-0600
Morgan Cook (tenant-landlord law, debt collection defense)…………………….312-880-7215 or www.legalmcfirm.com
Paul Bernstein (security deposit).…1-866-769-2892
William Moore (security deposits, affirmative RLTO) ……………….. 708-268-3495
Chicago Bar Association (for other Attorney referrals)…………….312-554-2001
(Free Legal Advice every 3rd Saturday of the month & no income guidelines.)
Illinois Attorney Registration & Disciplinary Commission………….…. (312) 565-2600
Government & Other Resources
Ameritech Reverse Directory (to find landlord address)…………411
CEDA (weatherization program for low income)……………800-571-2332
Center for Conflict Resolution (Mediation)……………312-922-6464
CHAC Fraud Hotline…………………………..800-533-0441
CHA………………………………312-935-2600
Chicago Dept. on Aging + (disabled & tenants over 60)…………312-744-4016
Chicago Department of Childhood Lead Poisoning….(312) 747-5323
Chicago Dept. of Community Development……………………………311 or 312.744.5000
Chicago Housing Authority (CHA Housing and Sec. 8)…………312-742-8500
CHA Hotline (for complaints about CHA management)……………………1-800-544-7139
Circuit Court Clerk’s Office (to find out if you’re being sued)…………312-603-5030
Citizen’s Utility Board (complaints about utility bill)…………..…800-669-5556
Condo Owners………. 312-987-1906
Cook County Recorder of Deeds (Sale of Property Info)………312-603-5050
Cook County Sheriff’s Eviction Unit…………….312-603-3365
Cook County States Attorney Consumer Fraud………..312-814-3000
Department of Consumer Services (sec. deposit & utility theft complaints) …312-744-4090
Department of Human Services (emergency shelter)………312-746-5400
Eviction Court…………………..312-603-6486
Or cookcountyclerkofcourt.org (full docket search)
For Building Inspections & Emergency Rental Assistance…………..311 or 312-744-5000
HOME (Seniors needing help moving) …………..(773) 921-1332
MTO Hotline* – Tenants Rights …. 773-292-4988 (M-F, 1-5pm)
HUD Complaints about Section 8 Counselor……………….312-353-6236
HUD…………………………..312-353-7776
IL Commerce Commission (regulates utility providers)…………800-524-0795
Independent Police Review Authority (to file complaint against police) ……………… 312-745-3609
Lakeside CDC (condo owners)……………………..773 381 5253
LIHEAP (Low Income Home Energy Assistance Program)………..312-795-8800
Little Brothers Friends of the Elderly (social support for the elderly)…………312-455-1000
Pro Se Court, Rm 602, Daley Center (for claims up to $1500)……….312-603-5626
Rental Assistance & Utility Assistance………311 or 312.744.5000, ask for short term help
Shriver Center (victims of sexual & domestic assault)………….……..….312-263-3830
Small Claims Court (for claims between $1500 to $5000) .Civil Division…..312-603-5145
United States Postal Service……………………………….800-275-8777
Discrimination
Access Living (disability 226-1687TDD-hearing impaired)………312-640-2100
Chicago Lawyers’ Committee for Civil Rights Under Law………312-630-9744
Commission on Human Relations (all discrimination complaints)…312-744-4111
Illinois Department of Human Rights (Fair Housing Division)………………..312-814-6227
John Marshall Law School Fair Housing Legal clinic…………312-786-2267
Latinos United (referrals and trainings)………….312-226-0151
Foreclosure
newschicago.org or cookcountyassessor.com (to get PIN # of the property, then call recorder of deeds)
Recorder of Deeds……………………………………312-603-5050
(Give them PIN# to see if apt. has a case #, if it has a case number call Chancery Court 312-603-5133)
Neighborhood Housing Services (landlords facing foreclosure)…………….773-329-4010
Tenants in foreclosure (income guideline & costs)
Lawyers’ Committee for Better Housing (referral must be faxed).……312- 784-3507
(Statewide)……………………….855-207-8347
Low-Income Housing Resources:
www.ILHousingSearch.org
Bickerdike Apartments (low-income housing)…………………………………………773-227-6332
– Provides housing for low-income tenants.
Chicago Housing Authority…………………………………………………….. …….. (312) 742-8500
– The Housing Choice Voucher Program is a federal housing rental assistance program. It allows low-
income families to rent good housing in the private market. The voucher program pays a portion of their rent each month directly to the property owner or manager.
Cook County Housing Authority…………………………………………………………(312)542-4728
– Provides access to decent, safe, and affordable housing to low and moderate income individuals, families,
elderly and/or disabled within suburban Cook County.
Earthly Women Corp. ……………………………………………………………………..708 822 3786
– Serves women and single parents.
East Lake Management & Development Corp…………………………………..……..312.842.5500
– Offers affordable housing to tenants throughout the chicagoland area.
Habitat Corp……………………………………………………………………..…….….(312)527-5700
– Provides housing for low-income tenants.
Heartland Alliance……………………………………………………………………..….312- 660-1300
– They build and advocate for safe, high-quality housing and supportive services for people experiencing
homelessness, poverty, or chronic illness.
Hispanic Housing Development Corporation………………………………………… (312) 602-6500
– Provides housing for low-income families and the elderly.
Housing Opportunities and Maintenance for the Elderly (H.O.M.E.)………….……. 773-921-3200
– Committed to improving the quality of life for Chicago’s low-income elderly, Housing Opportunities and
Maintenance for the Elderly (H.O.M.E.) helps seniors remain independent and part of their community by
offering opportunities for intergenerational living and by providing a variety of citywide support services.
Housing Opportunities for Women…………………………………………….………(773) 465-5770
– Their goal is to help homeless women and children exit the homeless shelter system as quickly as possible
by providing rental subsidies to secure permanent housing. They also offer employment services.
IL Housing Development Authority……………………………………………….…… (312)836-5200
– Help create and fund affordable housing programs across the state.
Mercy Housing Lakefront Office………………………………………………………….312.447.4500
– To create stable, vibrant and healthy communities by developing, financing and operating affordable,
program-enriched housing for families, seniors and people with special needs who lack the economic
resources to access quality, safe housing opportunities.
Landlords seeking assistance
Chicago Rents Right…….………………312-742-7369
Spanish Coalition for Housing…………773-276-7633
Community Investment Corporation……………312 258 0070
or via email (preferred): taft.west@cicchicago.com
Neighborhood Housing Services (landlords facing foreclosure)…………….773-329-4010
Resources for Homeowners:
Partners In Community Building, Inc…………….312.328.0873
– Financial Literacy, Credit Repair, Other services
Translation Services:
Chinese American Service League (Translation, Southside)…………………312-791-0418
Chinese Mutual Aid (Translation, North side)……………………………………773-784-2900
Polish American Association……………………………………………..773-282-8206
Resources for writing letters or other areas of support (citywide)
LIFT- Chicago Uptown Office…………………………773-303-0700
LIFT- Chicago Pilsen Office……………………………312-994-8387
Tenants and Foreclosure – FAQ
Tenants impacted by foreclosure: Frequently Asked Questions
What is a foreclosure?
When an owner falls behind in mortgage payments, foreclosure is the court process by which a bank forces the sale of a building used as security in order to pay off the owner’s debt. In an effort to protect tenants who live in a building that is in foreclosure, the city passed the Keep Chicago Renting Ordinance (KCRO). Under the KCRO, you may be eligible for a lease renewal or $10,600 in relocation assistance. To learn more click HERE.
Who owns the building while it is in court?
Just because a building is in foreclosure does NOT mean that the building has been foreclosed on or will be foreclosed on. Until the court approves a sale and there is a confirmation of sale, your landlord still owns the building. In most cases, the bank acquires the property and becomes the owner.
What are some common signs that my building might be in foreclosure?
– Maintenance suddenly stops
– Utility shutoff notices
– Banks sending notices to the landlord
– Realtors hanging around the building, or taking pictures of the building
– The landlord disappears and/or stops collecting rent.
How long does the foreclosure process take?
The court process takes an average of nine months. If the owner is not able to satisfy the bank’s requirements, the court puts the property up for sale where it is usually bought by the bank.
Where can I find out if my building is in foreclosure?
1. Get the PIN # of the property by going to www.cookcountyassessor.com and entering the building address.
2. Enter the PIN # at www.cookrecorder.com or call the Recorder of Deeds at 312-603-5050 and give them your PIN #. If the building is in foreclosure, they can provide you with the foreclosure notice (the “lis pendens”) and the associated foreclosure court case number.
3. For more information about the case go to www.cookcountyclerkofcourt.org or call the Chancery Court, at 312-603-5133. You can also go to http://www.cookcountyclerkofcourt.org – go to online case info – full docket search – and search the chancery division for the landlord’s name under defendant or using the case #.
Under the Keep Chicago Renting Ordinance (KCRO), if your building is in foreclosure, you may be eligible for a lease renewal or $10,600 in relocation assistance. To learn more about the KCRO, click HERE.
Do I still have to pay rent?
Yes. As long as you are living in the unit you must pay rent. Checks or money orders are best so that you have proof of payment. You can still be evicted for nonpayment of rent even though your landlord is in foreclosure.
What if I don’t know to whom to pay rent or the landlord stops collecting it?
Click here to find our who the owner is or contact a lawyer to assist you in determining the new owner of the property. Be sure to ask any new people claiming to be the owner for proof before giving them rent money. The law only requires that tenants make a good faith effort to pay the rent if the landlord disappears. Some examples of good faith efforts to pay rent may include:
– Holding the rent in a money order
– Using the rent on utilities your landlord was paying
– Using the rent to make repairs to the property
– Sending a letter via certified mail, requesting information from the new owner on where to send the rent. (Keep a copy of the letter for yourself)
Do I have the right to break my lease because my landlord is in foreclosure?
No…however, if you are covered under the Chicago Residential Landlord Tenant Ordinance and did not receive proper notice, please see below under Are landlords required to tell their tenants that their building is in foreclosure?
The bank has taken over the building. What do I do?
The bank is your new landlord. You must pay them rent once they have notified you as to whom and where to pay, and they are responsible for repairs, any utilities paid by the old landlord, etc. If you are uncertain of who to pay, hold your rent in escrow. Also, check to see if you’re covered by the Keep Chicago Renting Ordinance. You may be eligible for relocation assistance if the bank chooses not to renew your lease.
The sheriff posted a notice saying that my landlord or unknown occupants must vacate the building. Does this apply to me?
No. If your name is not on the notice, you do not have to move. Immediately contact the sheriff’s office at (312) 603-3365 to inform them that there are tenants in the building and contact an attorney to get legal help. If the sheriff shows up, you will need to show them identification, as well as your lease, a piece of mail, or other evidence proving that you are a tenant in the building and not the landlord.
Will I have to move? How much time will I have once a new owner takes over?
If the building is foreclosed upon and sold, the new owner must give you 90 days or until the end of your lease, whichever longer. However, if the new owner would like to use the unit as a personal residence, they do not have to honor the lease, but they must give you at lest 90 days notice prior to eviction proceedings. Once the lease expires, the owner must give you a 30 day notice in writing before proceeding in eviction court. (This is assuming that you are lease complaint and up to date on rent.)
NOTE: The sheriff’s office can and will evict tenants during the winter, with the exception if it is 15 degrees or snowing.
Can the bank or new owner put me out without a court date?
No. If anyone tries to evict you before taking you to court, then it is an illegal eviction, also known as a lockout. Call the police, file a police report (get officers name and badge #) and contact the Tenants Rights Hotline at 773-292-4988. If you receive a summons to court make sure to contact an attorney.
Will this eviction show on my record?
If you were evicted solely because of the foreclosure your attorney can petition the judge to seal the record. If you are evicted for nonpayment of rent, it will be on your record.
The bank offered me a “Cash for Keys” deal. What should I do?
Sometimes banks offer tenants a cash for keys deal in order to vacate the building more quickly. Evaluate the entire situation first and make sure you have enough time to find a safe and decent apartment. Make sure you get any deal in writing and talk to a lawyer before you sign. If the bank does not offer a settlement feel free to ask for one. However, be aware that many tenants are eligible for $10,600 under the KCRO, which is more than most banks will initially offer. Call us or contact an attorney before agreeing to any “Cash for Keys” deal.
How do I get my security deposit back?
If your tenancy is NOT governed by the Chicago Residential Landlord Tenant Ordinance (CRLTO): The bank is not responsible for your deposit. If you do not receive your security deposit back within 45 days of moving you can take your landlord to court. If you know your landlord is in foreclosure court or is about to lose the building ask for written permission to live out your security deposit. If you live out your deposit without permission you can be evicted for non-payment of rent. If your tenancy is CRLTO please see below.
Additional Information for tenants who are covered under the Chicago Residential Landlord Tenant Ordinance (CRLTO): If you live in Chicago, the Ordinance governs your tenancy unless you reside in:
- An owner occupied building containing less than seven apartments;
- A hotel, motel, inn, rooming house, or boarding house (unless you have resided there for more than 31 days and pay rent on a monthly basis); or
- A hospital, convent, monastery, school dormitory, temporary overnight or transitional shelter, cooperative, or
- A building owned by your employer (assuming your right to live there is conditioned upon you being employed in or around the building).
What happens to my security deposit?
In the event that the building is lost to foreclosure, the lender is responsible if the landlord fails to return the security deposit.
Are landlords required to tell their tenants that their building is in foreclosure?
If your tenancy is governed by the CRLTO: The landlord is required to tell current tenants about foreclosure filings within seven days of being served with a foreclosure complaint. The landlord must also inform any potential tenants before they move in. Tenants who were not properly informed about the foreclosure can sue for $200 in damages and/or terminate their leases.
Additional References:
Building Inspectors: Call 311 for an inspection if you have repairs that need to be made or are lacking utilities.
If you need assistance moving or with a security deposit call 311 and inform them that your landlord is in foreclosure.
Lawyers Committee for Better Housing: (312)-347-7600
Legal Assistance Foundation (Subsidized Tenants): (312)-341-1070
Sheriffs Eviction Unit: (312)-603-3365
Chancery Court: (312)-603-5133
Metropolitan Tenants Organization Tenants’ Rights Hotline: (773)-292-4988 Open: Mon-Fri, 1-5pm
Chicago Legal Clinic: (773)-731-1762
Citizens Utility Board: 1-800-669-5556
Apartment Conditions & Repair: Terminate Tenancy Sample Letter
This letter applies to residents within the city of Chicago only who are covered under the Residential Landlord Tenant Ordinance (RLTO). 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.