Chicago Residential Landlord Tenant Ordinance

All 285 Comments

1. I recently moved out of an apartment where there was no written sublease. I was subletting under her and one other master tenant and found out after the fact that this sublease had not been approved by the property owner. I gave my roommate notice on the May 9th. We moved into the apartment on April 11th and started paying rent on April 28th.Following my notifying her that I was leaving, she informed me that she would not be returning my security deposit because 1) I didn’t give 30 days notice and 2) due to the stress she ‘endured’ in having to find another tenant. Can she lawfully keep my security deposit?

   Reply

   1. It does not matter that there was no written sublease. You still would be considered a tenant.

      As for the security deposit laws: When you are in a month to month agreement, the alw requires tenants and landlord to provide a 30 written notice prior to ending the agreement. The notice is supposed to be given 30 days prior to the day beginning of the rental period. It seem like in the case above the rental period is going to be from the the 11th to the 11th or from the 28th to the 28th. It could be from the 1st to the 1st. So if it is from the 11th to the 11th.

      So a tenant is required to pay rent for the entire month of their stay. So lets say that your rental period is from the 11th to the 11th. Then when you gave notice of termination it meant that you would be leaving on June 11. It also means that you have to pay rent for May 11 to June 11. If you did not then the roommate may be able to keep the security deposit to pay for the unpaid portion of the rent.

      If you paid rent for that period then the landlord/leasor needs to return the deposit. There is no such thing as keeping a deposit for the stress that the leasor incurred. Also has the landlord/leasor re-rented the unit? If yes then the landlord can only charge you for the days that the unit was either inhabited by you or vacant. The leasor can only charge for costs which could include advertising costs if the you did not provide proper notice.

      Reply

2. Hi there,

   I am a tenant in a 5-unit, owner-occupied building, non-RLTO. I run an AirBnB, which is sanctioned by my landlord. I allowed a friend to stay in the house in Feb, as there were no AirBnB guests, with the provision that he leave when a long-term AirBnB guest arrived. Long story short, paid guest arrived, dude won’t leave, he’s not on any lease, doesn’t have an address here, and doesn’t pay rent. He’s also cause serious problems for my AirBnB guest. Hes been asked to leave and told it is against my wishes and the landlord’s wishes. Still nothing.

   We consulted with an attorney who said that the unwanted guest had no claim to property, and could have his stuff tossed on the curb and locks changed, for reasons listed above and non-RLTO status of the building.

   To be nice, we gave him a formal letter with a time limit to vacate the premises (10 days). Of course, he’s still refusing, ans saying it’s against the law. I firmly believe he is wrong. Should I just call the police and have him removed?

   Reply

   1. I am sorry to hear about your “friend”. I would talk with a landlord and tenant attorney. What did your letter state? There may be a possibility that you created a landlord tenant relationship in the letter. Another question has the tenant paid anything ie utilities, food for you, anything that could be considered rent. Why has it taken you so long to get the person out? In general, once a person stays past 30 days, there is a possibility the person could be considered a renter. This could include an AirBnB user. As to your question about calling the police, I am not sure how the police will react. They may not want to touch this situation.

      Another suggestion which may not seem fair but may be in your best interest is give the guy a couple hundred dollars to get out. I would of course have him sign something stating he has left and it not returning.

      Reply

3. Hello,

   I signed a one year lease with my landlord, and now my girlfriend and I both need to move out earlier than expected, exactly 2 months earlier as dated as listed in the lease. I contacted my landlord two months to let him know that I would need to move out and we agreed that he would attempt to look for someone to take over the lease. Fast forwarding one month, someone is interested in the apartment and come to find out, quite literally the day before we are supposed to move out (via the landlord) that she cannot move in when she is supposed to and that we will be held responsible for the upcoming month. After informing this to the two of us, the very same we were actually moving out, the landlord does the walkthrough with us and eventually cut a check with whatever was left from the deposit after subtracting the one month’s rent. I handed my set of keys, now my question is do I have the right to come back to the apartment for the month, in which I paid for, in spite of being moved out? I honestly wanted to let a friend live there for one month and make up for some of the financial loss that I ended up suffering. But, the landlord told me that this is not possible as I already moved out.
   p.s. he only had me sign the lease and my girlfriend never signed anything.

   Reply

   1. There are several things that are going on: 1. you turned the keys and received the deposit back which would tend to indicate that the lease is over and you cannot return. 2. The landlord denied the sublettor. Do you know why? The landlord has to take any reasonable sublettor. You could contest the situation on this point. 3. I am not sure what your lease states regarding guests. I cannot answer whether you could have someone for a guest for a month. 4. I am not sure if the landlord lives on the premises and if you resided there for longer than 6 months, if not did the landlord pay you interest on the deposit. This could be another way to negotiate with the landlord to get the full deposit back.

      Reply

4. I have lived in my unit for three yrs now. I was never asked to redo a lease … I was just asked to redo a lease with month to month and rent went up 200 bucks.. From my old lease it says I get laundry, parking, and a weight room .. I have never got the parking stop and the weight room is now used as a sleeping room in a community room in the basement ..

   I rented this unit for them three things .. I think landlord trying get me out so the family living in the basement back room can move in.. Is there anything I can do? And can someone live in the basement right outside my back door and block it with boxes and junk?

   Reply

   1. Hi Sam,
      What do you want to do? What does the new agreement say in regards to the weight room, parking and laundry room? When you say block your door with boxes of junk, what do mean? Can you get out the door? If not, that could be considered a fire hazard. You should have 2 ways of exit from your apartment. Does the landlord live on the premises? It sounds like the landlord may be getting ready to sell the property.

      There is not much you can do about the rent increase. The Illinois legislature prohibits rent control. I would say that $200 is too much. You can make a counter offer to the landlord and use the fact that you did not get the exercise room and parking as a way to negotiate. Legally if you have not complained in all this time about the loss of services, it will be very hard to do so now. I would see if others in the building received such a dramatic increase.

      Reply

5. Hi –
   I am preparing to send in my 30 day notice to terminate my lease with my landlord due to numerous complaints about the windows, screens, as well as other items not being repaired in a timely manner. I provided a 14 day notice last week requesting that the repairs be made or I would choose between 3 options per the RTLO. My lease does not end until the end of Aug 2016, but I need to move now (no ventilation, bugs, etc.).

   I did not pay a security deposit when I signed my lease. I paid a move-in, move-out and 1st month’s rent. My lease does not specify a cancellation fee. Would I have to pay any additional rent or cancellation fees if I terminate my lease now? What is landlord entitled to in this case?

   Thank you in advance.

   Reply

   1. Joy,

      If you terminate a written lease according to your right under the RLTO, then you do not have to pay rent for the period after you vacate. However, that doesn’t bar the landlord from challenging you in court and suing for the “unpaid” portion of the lease. If the landlord were to sue for the rent, you would assert as your defense that you lawfully terminated the lease pursuant to your rights under the RLTO, and you would provide the documentation to prove it. The landlord may not come after you at all, but so long as you are aware of the risks, and making the proper documentation, you are within your right to terminate the lease if the problems make the apartment not reasonable fit and habitable. You should always take pictures if possible, and send them with the notice. Always make a copy of anything you send and keep it for your records. Keeping a paper trail of your actions is important. That’s why I strongly recommend using our free renters app to take photos, and create a timeline of events for your records. You can easily create letters to send to your landlord and find other tenants rights information there. Sign in at http://www.squaredawaychicago.com Feel free to call our hotline between 1-5PM Monday through Friday at 773-292-4988 as well.

      Reply

6. Our Chicago landlord has purposefully turned off the A/C unit which has lead to in-unit temperatures in the high 70s even though the temperature outside is much milder. These temperatures are literally making the units substandard and uninhabitable – making it impossible to sleep at night which is affecting work, etc. Despite the numerous complaints by residents, the landlord is saying they are not required to provide A/C – but according to the RLTO ordinance they need to maintain certain temperature levels within specific periods of time (below). Also, the landlord presented the units with A/C to would-be renters. In my opinion the landlord is purposefully creating this substandard and unhealthy environment so they can save money and meet their “green” LEED status. Any advice and support on this issue would be appreciated.

   RLTO: The following average temperatures must be maintained throughout the entire apartment: 68 degrees from 7:30 a.m. to 10:30 p.m. and 63 degrees from 10:30 p.m. to 7:30 a.m.

   Reply

   1. There are no laws that govern maximum temperature. What does your lease state regarding AC? If the landlord provides AC then the landlord must maintain all appliances that they provide. This would include the AC.

      Are you on a lease or a month to month agreement. If you are on a lease, the landlord cannot just change a term of the lease until the end of the lease. The landlord cannot just turn off the AC. If you are on a month to month the landlord can give a 30 day notice to change a lease term which would include the AC. If you have a lease, you could potentially give the landlord a notice giving the landlord 14 days to fix the AC and if it is not fixed you will purchase a unit and deduct the cost from the rent You can only deduct half of your rent.

      Reply

7. My probelm is I have been renting a single family home for 3 years. After my first year lease term was over there hasn’t been another signed lease. I have been continuing to pay rent on time since. Now I recently got an opportunity of my dream job. So I have no choice but to move out. There was also no agreement of a month-to-month.I contacted my landlord and told him and he replied we can come up with an agreement. Days later he returns my call and tells me that he won’t return my security deposit back until I pay him rent for the month in which I will be moving out. His house not damaged besides the normal wear and tear. I have been a good tenant and I just want my security deposit back.

   Reply

   1. It sounds as if you are under a month to month agreement. The law for terminating a month to month agreement is that either party has to provide the other with a 30-day written notice ending the agreement. The 30 days should coincide with the rental period.

      The law does not allow renters to live out their security deposits. Tenants have to pay rent for the time that they live in the unit. If you do not pay rent, then the landlord can issue the tenant with a 5 day eviction notice to pay or vacate. If the tenants does not pay during that 5 days then the landlord can proceed to eviction court. It is highly unlikely that any eviction would actually take place in less than a month’s time. You as the tenant could end up with an eviction on your record which could make it difficult to rent.

      Reply

8. I am not renewing my tenants lease. What steps must I do to be compliant in the city of Chicago?

   Reply

   1. Hello Ed,

      In order to terminate a tenants month-to-month lease, or in order to properly opt out of renewing a tenants written lease, you need to give the tenant at least 30-day notice in writing. This means the notice needs to be given to the tenant at least 30 days before their next rent payment is due. If you have further questions, send us an email using our contact form. We also suggest using squaredawaychicago.com to communicate with tenants and keep track of your units!

      Reply

9. Upon signing the lease, I did not receive the Chicago RLTO. Within the body of the lease declarations it says that I acknowledge receiving a copy of the Ordinance, but I have never received one. Can I hold this fact against my landlord? I am looking into terminating my lease before it expires.

   Reply

   1. I would consult with an attorney prior to terminating the lease. If you write the landlord a letter stating that you did not receive a summary and then terminate the lease and then leave. I would ask what will happen if the landlord decides to take you to court to sue you for the time the apartment is vacant. A judge is going to have to decide who to believe. If the landlord says that he or she provided the lease and you are saying that you did not and you signed something sating that you received the summary, I wonder who the judge or jury is going to believe. Maybe there are some other ways to document that you did not receive the summary. Maybe you could could get every tenant in the building to testify that the same thing happened to them.

      Reply

10. Can you please offer any input/remedies for the following situation?

    We rent a SFH in Chicago. Our landlord inherited her childhood home when her mother passed away and subsequently rented it to my family. I believe her personal attachment to the home impairs her ability to carry out her landlord duties in a professional manner.

    We advised her last Friday that our bathroom drain was completely clogged and sewage was backing up into the tub. She said she would sen a plumber on Saturday, but did not. On Monday she called and said the plumber was coming and that she would go let him into the house because we were at work. To my surprise, when I returned home from work in Monday, it appeared she ha not only let in the plumber, but also let in herself. It appeared she must have spent several hours rearranging my personal belongings and cleaning my basement. On Tuesday, without our knowledge or consent, she returned to our house while we were at work and removed some shelves from our basement.

    What are our rights in a situation like this? We have suspected similar entries in the past, but could not come up with any proof.

    Reply

    1. The law regarding landlord entry is the landlord must notify tenants two days in advance of their intent to enter and that the tenant needs to provide the landlord with reasonable access. Here is the law.

       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)

       Reply

11. Wondering about a landlord changing a building over from smoking to non-smoking. Can they do it if you have an active lease that allows for smoking. Can a ban be put in place at any time, or can it only be done upon lease renewal or never? Thanks!

    Reply

    1. What does the lease state about rules and changing rules? If nothing, then the landlord cannot change rules until the end of the lease.

       Reply

12. We live in a 3-flat building and have been there for almost 6 years. Our landlord, who doesn’t live in the building, hasn’t had us actually sign a renewal lease for the past 3 years, just usually a quick call a few months before our lease us “up” to see if we are staying. We are house-hunting and I’m curious if do to the lack of signed paperwork if we are automatically in a month-to-month situation and how to manage potentially breaking our lease a few months early if we find a house.

    Reply

    1. Was there any type of verbal agreement to stay for another year. If so the landlord may be able to make such an argument. You can also make an argument otherwise. If there was nothing said about renewing the agreement for another full year then you are just on a month to month agreement.

       Reply

13. Hi.

    I’m in a situation where my roommate and I have been threatened by our landlord to leave our apartment due to past due rent. I’ll admit we’ve been behind for quite some time now because my roommate has struggled to maintain steady employment. However, we have never been no more than a month behind. Not to mention our landlord has refuted and ignored several requests to make necessary repairs in our apartment. We are dealing with a window that has been out of frame since we’ve moved in 3 years ago I believe, a doorbell that doesn’t function, heat that does not run properly for the past 2 winters (goes on yet only occasionally emits heat. Majority, it comes on yet produces no heat and eventually cuts off after a few minutes), a nearly broken sink, short-outs in several electrical sockets, no signs of any fire extinguishers in case of fire and a basement in the building that has been flooded with sewer back up on more than 1 occasion with nails and wood all over as if there’s an incomplete construction project. Keep in mind, we’ve been dealing with these conditions almost since we moved in. Can we prevent from possibly evicting us for rent when he has failed to make decision on maintaining the apartment and most of the surrounding premises of the building? Please let me know. Thanks.

    Reply

    1. First it is illegal for a landlord to evict a tenant without first going to court. As for stopping an eviction due to repair issues, you will probably need the assistance of an attorney. In Chicago, judges tend to more sympathetic to landlords especially when a tenant is behind in rent. You mentioned that you have been behind in rent for a while. What has changed? It is best to document all the repair issues and to demand that the landlord make the repairs. If the landlord makes the repairs and you remain behind in your rent, the landlord will most likely be able to eviction. If you can find an attorney who will take this case, you will may be able to make the argument that you have been over paying rent for the past 3 years and that if fact the owner owes you money. You will need the assistance of an attorney to make that argument.

       Reply

14. My husband and I signed a 2 year lease, and have been here for only six months when we found out we must move out of state for my husband’s work. We are in a privately owned condo, in a highrise building. Could we be stuck with the remaining 18 months rent? We have no other option than to leave, which we never thought would happen thus the two year lease.

    I also happen to know our landlord has another unit, same size and layout, for rent which has been on the market for several months, dropping in price.

    Thank you the help!

    Reply

    1. This is not an easy situation. You could try to sublet the unit. A landlord has to accept any reasonable sublettor. You could try and negotiate a deal with the landlord to let you out of the lease. If the landlord does not then the landlord must try re-rent the unit and you could potentially be held liable for the entire time that the unit remains vacant. My one other question is did the landlord provide you with a summary of the Chicago’s landlord and tenants ordinance. If not then the law would allow you to terminate the lease.

       Reply

15. H John, I’m sure you’re probably busy but I would really appreciate an answer to the question I posted on 11/9. I’ve also tried calling Tenant’s Rights and was prompted to instead send an email, which I did, but no one replied to that either. I would really like to get an answer on this. Thanks.

    Reply

16. My apartment building has a history of roof leaks/water damage; in fact, last spring it was raining in my living room. After several calls to the landlord, I was told they repaied the roof and that there would be no further problems. This past week I noticed that water damage has crept back into my place, this time the plaster on the ceiling and upper part of the wall are bubbling and the paint is coming off. I have no idea if there is mold (thought I would guess there is since there has been water coming in for years from what I’ve been told), but am wondering if the landlord still has to repair it if it’s just cosmetic – and how would we find out? I am planning to take pics this weekend and send to my landlord, but was just curious about my rights with respect to water in the apartment before discussing anything with them. Nothing of mine has been damaged. At this point it is simply bubbled walls and ceiling (unsightly and also annoying as I had the place professionally painted on my own dollar as well) and potentially mold, though that is just speculation. Any thoughts on this? Thanks for your help, John.

    Reply

17. I am a first-time landlord. I moved out of state for work and moved back to Chicago earlier than expected. I want to take back my property from my tenants of whom were in a long-term lease (18 months).

    Do I have the right to terminate lease of my tenants early? What are my rights if I want my property back?

    Do I have the ability to at the very least, terminate the lease 60-days early? For instance, if my tenants were due to vacate by May 31st, 2013 can I terminate their lease in writing now, and say that they need to be vacated by March 31st?

    What can I do? I’m confused and frustrated. Thank you.

    Reply

    1. I cannot answer that because I do not know if you made an addendum that allowed you to do such a thing. If not then you do not have any rights to terminate the lease early. If you want to terminate the lease early you might want to offer the tenants some compensation to move out early.

       Reply

18. Hi, I just recently signed a lease to move into an apartment through an apartment rental agency. When I first sent over my application to the landlord, the cover page included a small list of things the apartment needed to be fixed, including providing a screen for a window without one, general cleaning; the extermination of insects and/or rodents if any; the replacement of a faulty/tattered bathroom mirror; the repair of an intercom/doorbell system; and the repair of the front doors’ locks. I visited the apartment today to get my keys from the landlord, and not only were none of my needs fulfilled, but I also was given the wrong keys to the unit (or the locks are so faulty that they just wouldn’t budge). I immediately called the landlord to notify him of the key/locks issues, but after several rings his phone went to voicemail.

    My lease begins tomorrow on November 1st, but I do not feel comfortable moving any of my belongings into my apartment due to the key/lock issues, let alone its general state. Can the landlord legally just disregard what I asked of him?

    What can I legally do to get him to uphold the statements I included on my initial application? And what steps can I take to ensure that he completes what I need him to do? This is my very first apartment, and I’m not sure how to proceed.

    Thank you,

    Gabe.

    Reply

    1. It is good that you put your requests in writing. Have you signed the lease? Here is what the law states regarding the landlord’s failure to deliver possession.

       (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.

       It would be best to put things in writing to the landlord. If the landlord provided you with the wrong keys it is the landlord’s responsibility to fix that. I would start with the keys and demand that the landlord bring you the keys and that you will not pay rent

       Reply

       1. I did sign the lease, after he accepted my application ( with the cover letter wirh my list) included. Thank You for responding so quickly. I will write out my needs again and inform the landlord.

          Thanks again!

          Reply

19. Does anyone know if a letter to terminate the lease needs a signature? Would a typed name suffice? it will be mailed correctly.

    Reply

    1. A signed letter is probably better. The letter should contain the name and unit address. Do any of the attorneys want to respond/

       Reply

20. I’m sorry as I had just commented in “Apartment Repairs and Conditions FAQ” before realizing that this was the better forum for addressing my questions, for now.

    Seeking further clarification on
    EXCLUSION clause (a) dwelling units in owner-occupied buildings containing six units or less
    DEFINITION clause (b) “Landlord” means the …agent…

    Guessing that the property/building manager serving as an agent for the owner, is considered a “landlord” in this situation? He basically acts as the intermediary for landlord and tenants. The premise is a 6 rental unit building. Manager occupies what would be the 7th unit, which I’m not sure if that counts as a unit or not as it’s not a rental as I’m under the impression that the manager is working for landlord in exchange for the unit.

    Also how do I properly document that I was living in the unit if I’m not on a lease? Should a money order or record of personal check being cashed from my bank suffice? Which is a better form of documentation of rent being paid: money order or personal check? Would utility bills in my name to unit suffice? Should I send rent with Certificate of Mailing or with Delivery Confirmation?

    Thank you for your response and apologize if that sounds confusing because I’m just confused and just want clarity as prop manager has displayed very erratic and abusive behavior which makes me very concerned that I will be locked out of my apartment (or possibly assaulted) and want to know my rights. He made some pretty awful comments that I wish I could have recorded (does an audio recording count for anything in court?).

    Also, would emailing or the hotline be quicker? Nervous about having him trolling here but want to have situation addressed, asap.

    Thank you for any assistance.

    Reply

    1. Owner occupied means the property owner/mortgage holder. Owner is not synonymous with landlord in this case. The manager of the unit is not considered the owner. In this case the property is covered by the landlord and tenant ordinance.

       Reply

21. My landlord never told me the hows was in foreclosure prior to signing the lease. I actually had to find that out on my own 6 months later I want to terminate the lease by written letter. It says “no later than 30 days”. What does that mean do I have to stay the next month. Or can I leave in the next couple of days. He has also threatened to keep my security deposit for petty reasons. He did not tell me what account it was in. Can I include in the letter (if I must stay another month) that the security deposit be used as rent?

    Reply

    1. The law states the tenant can terminate the lease by giving the owner notice and leaving within 30 days. You would be able to leave in less than 30 days. You will be responsible for paying rent for the time that you are there. If you you are going to be out in 3 days then give the landlord a 3 day notice. Make sure that you give the landlord sufficient time for you to get all your property out. If you give the landlord 3 days and it takes 5 for you to move out it could nullify your notice. The deposit issue is separate.

       Reply

       1. thanks John. also I’m almost sure that he didn’t give me a summary of the RLTO. should i include that or will I be safer just using the foreclosure complaint

          Reply

          1. I am not an attorney so do not want to give advice as to what is safer. The Chicago Landlord and Tenant Ordinance allows tenants to terminate the lease if the landlord fails to inform the tenant that the building is in foreclosure and it also allow the tenant to terminate the lease because the landlord failed to provide the tenant with a summary of the ordinance.

       2. also if someones name is also on the lease do they have to sign the letter as well. they moved out after one month, but ive been paying rent alone since then.

          Reply

          1. It would be best. There is a possibility that if you do not pay rent then the landlord could go after the other person on the lease to demand payment. Also there is a chance that the other person could try and say that he or she lives there and wants back in. It is always best to have changes to the lease put into writing. Then there is always the question to what if the landlord does not agree to the change because all parties to a contract need to agree to the change.

22. Myself and another individual have been living in an apartment on the North Side of Chicago since the end of August. We need to break the lease due to several issues:
    1. My roommate has lost her job
    2. I am unable to find a job with my degree in the area
    3. I have fallen ill. I was just in the hospital for 5 days.
    4. Since we moved in, we have struggled to pay the rent and have been late in paying every single time.
    5. I am moving back to my parents due to being ill and not having the money to continue to pay for rent. I am even quitting grad school due to being ill.
    6. The crime rate has increased. There are gang-related shootings right near our apartment at least once a month. We are afraid to come out of our apartment after dusk.
    7. Our apartment smells terribly from what we believe is one of our neighbors. Also, we have found some cockroaches in our apartment. Not enough to suggest they are from us.
    8. Our back door to our building was kicked in completely and was not fixed for at least 2-3 days.
    9. There have been other maintenance issues that we have asked the maintenance guy to take care of but he just ignores it.
    -These are just some of the reasons why we are wanting to break the lease. We did seek out free legal advice from someone, but we were unsure of what they were saying. I believe he had said that if we had not received a copy of the Chicago RLTO, that it was ground for lease termination.
    Can you please help us out? We need to leave the apartment, but we do not know what to do. Rent is due by November 5. We cannot afford rent this month. If we do not pay and we get the 5 day notice, should we just leave then and let the landlord terminate the lease? We are so confused.
    Thank you.

    Reply

    1. Most of the issues you raised are not sufficient to terminate the lease legally. The law states if the landlord does not provide a tenant with a summary of the ordinance then the ordinance allows you to terminate the lease and you have to be out of the premises within 30 days from the notice.

       Reply

23. My son lives on a month to month oral lease in a Chicago rental apartment in a building otherwise occupied by the owner and his extended family. He is current on his rent. After timely paying the October rent to the old owner told my son on October 1 the building had been sold and he would have to vacate at the end of the month. He got a phone call October 12 from the new owner who wants him out at the end of October so he can start making major changes. Does my son have to vacate on such short notice?

    Reply

    1. Has your son received a written termination notice? The law requires a written 30 day notice. If your son has not received that written notice then he will not have to leave.

       Reply

24. This is semi-complicated:

    The building I live in has a duel door system. The outside door (which was UNLOCKED) opened to a little entryway where the mailboxes are. Then there is a second LOCKED door that lets u into the rest of the units.

    Due to homeless people peeing and smoking drugs in the entryway, the management company has put a lock on the outside door. We now has lost access to our buzzer, which is on the inside, next to the mailboxes.

    We also have not been able to receive mail bs the Post Office does not have a key. Guests have no way of buzzing our units. We cannot receive packages from UPS.

    I have called the management co. that told me they are going to get the Post Office a key, we just have to wait. They said we are kinda s.o.l. about the buzzer bc the owner of the building doesn’t want to pay to have it moved to the outside.

    What can I do? I have called 311 and they are sending inspectors. I’m not sure what they can inspect when they can’t really get into the building unless they have someone’s number. Is it against any codes not to have an accessible buzzer so units inside the building can receive guests or packages?

    Thanks for your time 🙂

    Reply

25. I moved out of a house at the end of August and was told over the phone by my landlady that there was mold damage beneath the kitchen sink and that she would be deducting money from my security deposit, claiming negligence on the part of me and my two roommates.

    She has not provided me with any written documentation like receipts for repair work (nor has she sent me my deposit yet) and since it has been more than 30 days since I have moved out, am I entitled to my entire deposit, regardless of whether or not I and my roommates can be deemed responsible for the damage?

    Reply

    1. There are several issues here. It is impossible to provide you with good information without knowing if the landlord lives on the premises. Another question I would have is about the mold damage and how did it occur and were you aware of the problem. For instance if the problem is the result of a leak in the pipes or sweating pipes you may not be liable for the damage if you did not know about it or if your reported the leak to the landlord.

       If the landlord does live on the site then the landlord must provide you with documentation about any costs. If the landlord did not do this then it is a violation of the law. The landlord could be liable for not only the deposit but damages equal to twice the deposit plus attorney fees. You might want to send the landlord a letter stating what the law is and you would prefer to settle this out of court.

       Reply

26. I am three months behind in rent, due to financial troubles. On October 4, my landlady confiscated my possessions and left a note (which I have kept). She has since returned 98% of my possessions (after being reminded that this move was illegal, and possibly constituted larceny under Illinois and Chicago law), but today changed the locks to the apartment.

    Thanks to my roommates, I was able to gain entry into the apartment. However, I won’t be able to go to work tomorrow until she gives me a new key. I know that the landlady changing the locks is illegal under Chicago and Illinois law, so what are my next steps? I have received no tenancy termination notice, nor eviction court papers. I have no written lease either (month-to-month situation).

    Reply

    1. Can you make a copy of the key? A letter to the landlord might help. The letter could go over what has happened and that it is illegal to lock any person out of their unit without going to court. You can call the police if she does this again. Does she live on the premises?

       Reply

27. Does the tenant have a right to a key to all locks on the property that allow for access to the apartment, front and back doors? Also there is a lock on the gate leading to the garbage dumpster in the alley that we have not been provided a key to, should we have been provided a key? Also our fuse box is in the basement and we have not been given access to this either and our power has gone out twice already in a month, shouldn’t we have access to this as well? What is my course of action that I can take?

    Reply

    1. The tenant needs to have keys that allow access to their unit. For instance if there is a front door that you have to pass through in order to get to the unit then the landlord will be required to provide a key. If you live on the first floor and there is a lock to the second floor, then the landlord may not be required to provide a key.

       As for garbage, the law states that the landlord is responsible for ensuring that garbage and trash do not build up. I do not know how you can dispose of trash if you do not have a key. Is there a place to leave trash? What has the landlord told you to do regarding the trash?

       As for access to the fuse box, how large is this building and is there an onsite manager. If there is an on site manager the owner may not have to provide a key. If there is not onsite manager and the owner cannot provide reasonably immediate access then the landlord will have to provide key or at least access to your fuse box.

       If there are violations of the law, it may be best to call 311 and request an request an inspection. You can also write a letter to the owner stating the violation and requesting that the landlord resolve the issue within 14 days.

       Reply

28. I recently re-signed a lease at a high rise in downtwon Chicago. Prior to the new lease, my old lease billed utilities by apartment usage i.e. you pay for what you use.

    On the new lease, it was explained that the utilities provided by the building would now be billed, not by usage, but by sq. footage of the apartment i.e. the total usage of the building is allocated to tenants based on the size of their apartment.

    Obviously, this was of a concern to me. However, the office manager assured me that any increase in my monthly utility bill would not be significant. Unfortunately, this turned out to be completely not true. From the last month on the old lease (June) to the first month on the new lease (July), I saw a 250% increase in my utility bill. When I confronted the office manager about this ridiculous increase in the utility bill, he openly admitted that he didn’t have the full information of what the increases would be and therefore didn’t know the increase would be that much, but he didn’t know if there was anything he could do about it now.

    I beleive this practice by the apartmet’s management company is abusive, and potentially fraudulent. What recourse do I have as a renter in Chicago?

    Thanks for your help!

    Reply

    1. Did other tenants receive equally high bills. One place to start is ask your neighbors if they are upset by this large jump in costs. If they are you should consider forming a tenants association in order to negotiate with the landlord. Secondly, I would begin by demanding to see how the bill was calculated. I would also see how the landlord calculated common space costs which should be the landlord’s responsibility to pay.

       Reply

29. Hello,

    My fiance and I are in the middle of a year lease and are looking at our options to break our lease for a number of reasons with lack of management staff failing to fix our lack of drawers in the kitchen, to a unlockable patio door and water damage caused by a flood in the unit above ours in the master bath. We have their promises to fix these things in emails. Emails dating back to July 2011 when we first moved in for a number of other items, and re signed our lease with them following their promise to fix hese three remaining items. Do we have any ground to break our lease without being penalized? Our lease is pretty vauge on this topic. We live in a high rise condo building that is about 50/50 renters vs owners, our landlord does not live in the building.

    Please advise.
    Thanks!

    Reply

    1. The law states if the condition makes the unit not reasonably fit and habitable a tenant may terminate the lease after giving the landlord a 14 day written demand letter to fix the problem. These situations sound fairly serious so you may have grounds to terminate the lease. In the end it is up to a jury or a judge to decide whether the problems are serious enough. It would be better if the Chicago law was more clear in this regards. As for the flood, I do not know when that happen nor how serious it was but the law around flooding is as follows:

       (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).

       Reply

30. John,

    My landlord was avoiding fixing the dryer for a couple months, I reached out to a contractor. They came and informed me that they would not fix anything at the moment because the gas lines and piping were not up to code. Apparently it is illegal because they are not attached to the wall and there is no shut-off valve. I emailed my landlord the information and nothing has been done for a couple of months. Do I have grounds to terminate my lease?

    Thanks in advance.

    Reply

    1. The law states if the condition makes the unit not reasonably fit and habitable a tenant may terminate the lease after giving the landlord a 14 day written demand letter to fix the problem. I am not sure than not having a dryer makes the unit not reasonably fit and habitable. If the piping was an immediate danger then yes. If you want to go ahead with terminating the lease, it would be advisable to consult an attorney before proceeding.

       Reply

31. John,
    How many people can occupy a 1400 sq.fr. 2br/2bth apt.

    Thanks

    Reply

    1. Here is a link to what the City of Chicago allows for occupancy https://www.tenants-rights.org/chicago-space-occupancy-requirements/. It would allow a lot of people. Landlords can make more restrictive rules though they cannot use it to discriminate against families with children.

       Reply

32. My daughter moved into an apartment in June, which I co-signed for. Right away she called stating she had cockroaches. We sent in a letter (by fax as they don’t have email) and asked to have them taken care of. The building manager was quite rude to my daughter about the bugs, blaming her for them. Shortly thereafter, her apartment was broken into and some of her property was stolen. By mid August she decided she wanted to break her lease and move out, as the bugs were still a problem and she felt very unsafe. There is a clause in the lease where she can pay a small free, find an approved renter and move on without further responsibility. Things were going well, she’s got two separate ladies interested in taking the apartment. The problem is, one of her neighbors was recently beaten and raped in her building. What does she do? We feel like we have a responsibility to share this information, knowing that by doing so it’s very likely the ladies will each decline the apartment. Is there any legal way she can get out of the lease without being involved in re-renting it? It seems unreasonable that she should be responsible for renting an apartment that is so unsafe. I live out of state and she’s not familiar with the laws in Chicago or Illinois, so any advice you could give us is appreciated.

    Reply

    1. Several issues arise: As for terminating the lease because of roaches. The law is unclear. The Chicago Ordinance states: a tenant can terminate the lease if the unit is not reasonably fit and habitable after providing the landlord with a 14 day written notice and the landlord not taking any action in that time. Whether roaches alone make a unit not reasonably fit and habitable is something that you should contact an attorney about.

       As for living in a high crime area, in general that is not the landlord’s responsibility and for the most part not something that a tenant will be able to terminate the lease on. The landlord is responsible with providing dead bolts on doors and window locks.

       My other question is did the landlord provide your daughter with summary of the Chicago Rental Ordinance. If not your daughter could terminate the lease because of that.

       Reply

       1. Hi John,

          Thank you for the reply. Yes, they did provide her with the ordinance. They sent out an pest guy within a few days of my letter, though it was only once, and the bugs remain a problem. We have continued to notify them (in writing) that the bugs are still there.

          Any assistance with information or direction would be appreciated.

          Thank you

          Reply

          1. You can send another 14 day demand letter. If the landlord does not do something then your daughter can take some action. As for the pest, you may want to look into Integrated Pest Management techniques. It involves sealing the holes that the roaches enter through and getting rid of water and food sources. Megan Bourneman (meg@tenants-rights.org) on our staff is very knowledgeable and can help you with that.

33. I am a landlord and my tenants flooded the toilet with toilet paper. WHen the problem arose, they asked me if I wanted ot fix it or I can hire a plumber. I responded that they can fix it or I can get a plumber and add it to their rent. They didn’t notify me and got a plumber from Grayslake (don’t know why a plumber an hour away) and when rent was due they just took it out. The toilet was clogged Labor day weekend and they fixed it 2 days later. Who is responsible for this? They think I am supposed to fix the toilet. The toilet never had problems when I lived their for 12 years. The toilet is also on the third floor. Thank you for helping me.

    Reply

    1. Items do break down and if the break down is due to normal wear and tear then it is the landlord’s responsibility to fix it. If the tenants were negligent then it is the tenants responsibility. The plumber would be in the best position to determine that. Lastly in repair and deduct situations the tenant needs to find a reasonably priced plumber. If the person charged an excessive amount the tenants could be held liable for the additional cost.

       Reply

34. Hi,

    I moved in with a roommate but I am not on the lease. After I decided to move out, my roommate asked for a 30 day notice. I gave him a 30 day notice and now he is asking for more money. I started the 30 day notice the date of the notice, because he did not give me a copy of the chicago RTLO. So I paid 15 days in Sept because the notice started on 8/15(August was already paid for). Now, my roommate has illegally evicted me by changing the locks. My items are still in the house and I already paid for sept. What all can I sue for? Can I also sue for emotional distress? Also, can I sue even if his landlord did not allow him to become a “sublandlord”?

    Reply

    1. Can you document that you were living in the unit. If so you can contact the police. When you contact the police, describe the situation as a lockout. The police are suppose to tell your roommate to let you in.

       You can sue the roommate for locking you out. You should document the situation. The penalties for a lockout are . 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.

       Reply

35. Hi,
    I am a landlord of a 3 unit apartment bldg and was wondering,
    1. Do I need to post any kind of sign on the exterior of my building with Phone Numbers on it? I run it myself and do not have a management company.
    2. Where can I get the “Summary Of Ordinance” to attach to the leases?
    3. I read above where the RLTO does not govern buildings under 6 units? Am I reading that correctly? and if so are there other ordinances that govern those types of rentals.
    Thanks Mark

    Reply

    1. In answers to your question:

       1. You do need to provide in writing your name, address and phone number. It can be posted or you can give each tenant the information in writing perhaps attached to the lease.

       2. You can get a summary of the ordinance from city hall

       3. The ordinance covers all rental units except owner occupied units of 6 units or less.

       Reply

36. HELLO JOHN,

    I HAVE A FEW PROBLEMS GOING ON,FIRST I WAS IN A SEXUAL RELATIONSHIP WITH MY LANDLORD A FEW MONTHS AFTER I MOVED INTO MY APARTMENT, THINGS WERE GOING WELL BUT I COULD’NT DEAL WITH HIS PERSONALITY ANYMORE. THE RENT WAS STILL BEING PAID AT THIS TIME. A FEW MONTHS LATER I BECAME VERY ILL AND I FELL INTO A SITUATION WHERE I BECAME BEHIND ON THE RENT. NOW I HAVE A PROBLEM WITH HIM JUST ENTERING THE APARTMENT ANYTIME HE WANTS TO ALL THE WHILE STATING THAT THE SHERIFF IS COMING TO EVICT ME. I HAVE NOT RECEIVED ANY NOTICES FROM EITHER THE LANDLORD OR THE COOK COUNTY SHERIFF. MY LEASE JUST EXPIRED 3 DAYS AGO AND I AM PLANNING ON MOVING OUT OF THE APARTMENT WITHIN 2 WEEKS. WHAT IF ANYTHING CAN BE DONE ABOUT THIS SITUATION.

    THANKS FOR REPLYING.

    Reply

    1. He must take you to court first before the sheriff will come. You could try and call the police if he enters and does not leave. If the police have to get involved you may be able to get some sort of restraining order. Have there been any threats of violence? If so I think you should get some assistance and may want to involve the police.

       Reply

       1. IN RESPONSE TO YOUR RESPONSE, HE DID THREATEN ME ONCE, BUT MAINLY HE HAS MY CHILDREN TO THE POINT WHERE THEY FEEL THEY CANNOT BE LEFT ALONE IN THE APARTMENT BECAUSE TO THEM IT SEEMS AS IF HE WILL COME BACK AND START TO CURSE AND YELL AT THEM, AND MY CHILDREN ARE TEENAGERS! I HAVE POSTED A LETTER ON THE OUTSIDE OF MY DOOR THAT STATES HE WAS VIOLATING MY RIGHTS BY NOT LEAVING NOTICE. AND I HAVE CALLED TO POLICE WHO INFORMED ME THAT I SHOULD CALL TENANTS RIGHTS, I HAVE DONE THIS ALSO, WITH NO RELIEF. I DONT KNOW WHAT ELSE TO DO ABOUT THIS SITUATION.

          Reply

          1. If the landlord continues to enter your unit, instruct your children to ask him to leave and if he does not have them call the police. The landlord does not have a right to enter your unit and the police can arrest the landlord for trespassing.

             Another option is to call an attorney and see if you can file a lawsuit against the landlord. If the landlord has violated the law, the landlord can be held liable for one months rent for each violation plus attorney fees. If you chose this path you should begin documenting the situation by sending the landlord a letter every time he or she illegally enters your unit without permission. You should keep a copy of every letter.

37. Hi,
    I’ve contacted my landlord by phone on August 18th, letting him know that we will be leaving the residence in the last days of September, so that it will be vacant by October 1st. I had asked him if he wants me to pay rent for the last month, or should me and my husband just live there the last month without paying, thus making our deposit our last month’s payment. He said that we should not pay him, and that he is fine with us using the deposit as last month’s rent. I viewed is as a verbal agreement and continued on with life as usual. Today, on September 2nd he called me saying that he changed his mind, and he needs money for bills, which sounds like a badly made up-story since he never cashed our checks until about the 20th of each month, even though we paid on the 1st. So he says he wants us to pay the rent, while we already managed our money in a way, which would enable us to make our cross-country move more comfortable.
    We signed a 12 month lease on this apartment in June 2008, and the lease did say that the deposit cannot be used as last month’s rent. I even asked about this specifically when I asked him if we should pay him, and he said that it is fine, and we don’t have to. When I told him that I do not have the money to pay him anymore, because we used it all on the planned move and we would have just not made some financial decisions and paid him if he only wanted us to do so in the first place, he changed his story and started yelling at me that “what if we leave the apartment a f******* s***hole” and kept on swearing and saying that if we do something he will find us wherever we go and hire lawyers, etc. I have not said one bad word or raised my voice a single time to deserve to be yelled at in expletives. The apartment has only minor wear an tear, which for over four years of us living there is really minimal. He also visited the apartment in March the last time and did not note any trangressions on our behalf. We have always paid rent on time, never had noise complaints or smoked in the apartment, which all the other tenants did despite there being a clause about it in the lease.
    If I had known that this would happen, I would have gladly paid and then waited for him to just mail me the deposit back after I left. But now it’s too late and I don’t have the money to pay because I used it on the impending move, in ways in which I would not have used it had he told me to pay for the last month. I am now a nervous wreck, because in a few days we are leaving for four days to the city we are about to move to, to make some final arrangements there. I am afraid that he will change the locks or do something to prevent us from coming back to the apartment. Please tell me how can I deal with this situation. Any useful tips would be greatly appreciated.

    Reply

    1. Eta: I looked at the lease and it does not say anyhing about not using the deposit as last month’s payment. This must have been something we discussed four years ago, when we were moving in. I have a feeling that he knows I’ll be halfway across the country and will have no means of getting my deposit back if he fails to return it to me in the allotted time.

       Reply

       1. The law is that unless you it states in the lease otherwise then you have to pay the rent and then wait for the return of the security deposit. You might try to get the landlord to come and do an inspection of the unit prior to moving so that the landlord can see that the place is in good shape. If you do not pay the rent then the landlord can start the eviction process by giving you a 5 day notice to pay or vacate. If you do not pay then the landlord will have to take you to court.

          Reply

    2. It is illegal for the landlord to change the locks. Even if you had not paid rent for months the landlord still has to go to court to evict you.

       As for you concern that the landlord will lock you out, it might be a good idea if you have a friend to ask them to house sit. I would of course warn them about the landlord. You might want to write a letter stating that he or she will be house sitting for you during your stay away. You could try to alert the police about your concern.

       Reply

38. Hi there, quick and easy (hopefully) question for you: does a landlord have to use skilled/licensed workers to do repairs around the building? I am asking because mine has hired a guy who is unable to fix anything at all (LL is aware, but refuses to get anyone else), which results in multitudes of calls for repair since nothing ever gets resolved, having the maintenance guy in and out of my apartment constantly (leaving a trail of disaster in his wake – seriously, the guy is covered in grease and leaves messes everywhere), and causing potentially unsafe conditions. Just a couple of months ago, this maintenance guy came to replace an outlet in my unit after I reported sparks shooting out of it when I attempted to plug in my TV. After he “fixed” the outlet and I tried to plug the TV in again, the whole TV and cable box/Tivo unit blew up and were destroyed (they replaced them, but that’s not the issue here…). I then insisted on a licensed electrician coming out and when he did, he reported that all of the wiring in my unit was done incorrectly and he was “surprised the building didn’t burn down” (it still could as the guy with no skills did the wiring in other units!). The maintenance guy also does not know how to repair the dryer vent, which is just blowing exhaust into the basement (fire hazard!) and opted to try and hold the exhaust in place with an old toaster and two buckets of rock salt versus buying a $5 metal collar for it at the hardwarde store. That kind of thing. I believe I read something in the RLTO that said if I have repairs done due to inaction by the LL, I have to use capable workers, or something along those lines. Does a LL have the same responsibility to use professionals versus employing some bozo to come over and experiment with how to fix things on the cheap? Please advise! Thanks!

    Reply

    1. There is no requirement that the landlord employ professionals to take care of repair problems. Though if the landlord is doing any type of major work in the building, the landlord would be required to have a permit. If a permit is required which may be the case for certain electrical repairs, then the city will inspect and may require the work to be done by a professional. I would call the building department up to find out when a professional is required.

       Reply

39. Can you please help me to define what is considered normal wear and tear? Scratches in wood flooring? Nail holes? Does it make a difference how long you live somewhere? Ie 2 years. Can the landlord withhold all or part of a deposit if they do not actually do any repairs before the next tenants move in?

    Reply

    1. The landlord needs to provide you with receipts for any work done and yes the landlord has to perform the work in order to charge you. There is no definition of normal wear and tear as far as I know. In some cases it will be dependent on how how long you resided in the unit. Small nail holes can be considered normal wear, while large holes and lots of small holes may not. Scratches may depend on how big and how deep the scratches are etc.

       Reply

40. Hello John;

    I’m living in a “commercial, mixed unit building with apartments and a storefront.” (that is how is recorded with the Cook Count), there is a restaurant on the first floor and an apartment on the second floor that I rent. The building was in foreclosure last week and now the bank owns the building. The old owner is no longer in the picture.

    1) Do I fall in to the “Chicago Residential Landlord Tenant Ordinance”? Not sure if it has a commercial lable will not be included in it.

    2) Is my contract still valid now with the new owner (the bank)?

    3) Under the section 5-12-080(e), is the successor landlord or “The Bank”, is responsible for my security deposit, interest, etc.?

    The old landlord notified me as stipulated by the law of the foreclosure. I have a quite large security deposit (other time for this story) and I’m worried that the bank will not honor the contract and I will not get the deposit because it might be categorized as a commercial building.

    Thank you

    Reply

    1. What type of lease do you have? If it says residential lease on it then you are in residential lease. Does the lease indicate that you will be living there? There are many buildings that mix commercial with residential. Even if the lease is not residential it may still be possible to assert that it is a residential lease covered by the RLTO. Did the owner attach a summary of the ordinance?

       Yes your contract is now with the bank. I would contact the bank and inform them of your situation and the large security deposit that you have with the lease and that the bank is now responsible for. If the bank disagrees or tries to evict you then engaging an attorney would be in your best interest. Who knows the bank may agree with you.

       Reply

41. Hi, John. I just moved to Chicago from New York. I came and signed a lease here back in June on an apartment that still had the last tenants, in a building that is not landlord-occupied. I arrived in Chicago last week to move in to find the place in deplorable condition. My first attempt to complain was met with the landlord inviting me to move out if I did not like it. I called the MTO hotline and learned a great deal about my rights under Chicago law from a very patient staff member(and I am very grateful for her help). I documented the problems that can be captured with photographs and I sent a certified 14-day letter to my landlord last week with a three-page list of grievances, which included a clogged bathroom sink, several windows that do not fully shut and outside doors which are damaged sufficiently that they cannot be securely locked and are not weather-sealed from an uninsulated common area (a semi enclosed porch). I am confident that I am on firm ground demanding these things be repaired. I have a few further questions which I deal not so much with ‘essential’s but nonetheless have become housing issues for me:

    1. The landlord agreed, via email, to repaint the apartment before I moved in (many walls were dark red). The paint job was extremely sloppy, leaving patches of the prior color here and there, with the crimson bleeding through the new cream color. Only the crimson surfaces got any attention, however: The remaining walls were filthy and were not repainted. Further, the prior tenants were big fans of wall-mounted things and window treatments, and left many many anchor holes everywhere, especially around windows which were just painted over but remain open holes. Do I have grounds to insist that the paint job be completed/competently repaired and the holes filled?

    2. I agreed to pay for my own heat and A/C. I have discovered that one of the vents connected to my apartment cools and (presumably) heats a common stairwell. Can I insist this be plugged or some portion of my utility bill be recovered? FYI the building has three rental units and only three electrical meters, suggesting that all common-area and external lights are also paid for by residents.

    3. The apartment has a gas fireplace I was verbally told worked, but I do not know if it works because it requires a tool to be operated, and this was not provided. Similarly, the refrigerator has an ice maker but, I discovered, it is not actually hooked up to a water line, and neither is the sink sprayer. It was never disclosed to me that these were non-functioning or that I would be denied their use, and they helped sway me to choose this apartment. Can insist they be made useable?

    4. The street door used by all of the tenants does not automatically lock behind them, which would be fine, except that one of the tenants is careless. Is there any requirement that rental dwellings be equipped to lock in certain ways (In NYC it is vastly the case that apartment doors lock behind you automatically).

    Thanks!

    Reply

    1. In answer to question number 1, technically the landlord does not have to repaint in between tenants. It is not a code violation if it was done in a sloppy manner. Did the landlord hire someone to do it? If so the landlord could make the person return and do a better job. As for the holes, the answer is the same.

       In answer to question 2, the landlord should be paying for the utilities to the common area. You may want to start with a letter to the owner stating that you only agreed to pay for the utilities for your unit and that you did not agree to pay for the cooling of the common area. Do you have access to your circuit breaker box. If so you might want to check to see if the hall lights are hooked up to your box. You could do that by turning all the circuits to off and see if the lights in the hall remain on.

       In regards to question 3, these are not items covered under the building code. If the landlord said they worked then the landlord should be responsible for maintaining them in working order. The problem that you may run into is documenting what the owner said was a part of the agreement.

       Question 4: The door needs to be self-closing and self locking. This is a code violation.

       Reply

42. Hello,

    I live in Chicago and have been renting an apartment for 2 years, under the standard chicago apartment lease from landlord who lives offsite. I have a question about what I am responsible for doing before I leave to get my deposit back.

    We have several small nail holes from hanging frames and such, do we need to fix those?

    We hung our TV from the wall in the living room and the removal left some rather large blemishes. Are we responsible for fixing these or do they fall under the “wear and tear” and thus he would have to paint them anyway? If they are our responsibility, are we allowed to repaint the wall so they don’t show (it is already a different color from every other wall in the house, so it would be easy to paint and make it look nice and not obviously repaired)?

    Lastly: my two roommates moved out early, but still paid for this last full month, and my landlord came in and started working on their rooms (painting, maintenance, etc) before I gave him permission. He had permission to enter the house to fix a leak in the kitchen, but we were not done cleaning the bedrooms before he started work without my specific permission for that. Can he charge us for the damages to the bedrooms considering he didn’t give us a chance to clean them up first (I still live in the apartment until 8/1)?

    Reply

    1. Small holes for hanging pictures are normal wear and tear. The larger holes may depend on whether the landlord said it was okay to do that. There is no rule that a landlord has to paint in between tenancies.

       I would send the landlord a written notice stating you only gave him permission to enter to fix the sink No one gave permission to enter any of the bedrooms to clean up. This is a violation of the landlord tenant act and you are not responsible for any work .

       Reply

43. what can I do about the noise coming from the upstairs nieghbors ? I expressed it my landlord but she told me to take care of it myself…there is 2 families (5 adults & 5 kids) living in a 2 converted into a 3 bedroom….I believe there is some law against too many people living in one apartment…HELP

    Reply

    1. In most cases the first step is to talk with the neighbors. By too much noise what do you mean. Loud music? People yelling? People walking across wooden floors.

       As for occupancy standards, here is a link to Chicago’s standards. https://www.tenants-rights.org/chicago-space-occupancy-requirements/

       Reply

44. Hi John,

    Our new management company (our eight unit bldg was sold recently to an investment group) asked if we’d be willing to vacate our unit a month early of the lease expiration, which is end of October. They offered to pay us $500 to do so. I told them I would only accept $1000 to cover the cost of having to move earlier than expected. He then told me that if the owners say no to the $1000 and I refused any less and continued to stay, that there would be disruptions to our water and electricity during that last month as they will be rehabbing all of the units. I believe it was a passive aggressive statement; can they legally do that? I know it’s tough to prove that this could be harassment and pressure to have us leave earlier. Thanks for any insight.

    Roger

    Reply

    1. You could try suing the landlord in court. Are other tenants willing to stay and pressure the owner to pay more. There is always the power of numbers. If so the landlord may just opt to wait until the lease ends to ask you to move. I might start with a letter arguing that the repairs are not needed or necessary and therefore the owner should wait until everyone has moved out to begin serious repairs that will impact other units.

       Reply

45. Does a landlord have to provide a stove and a refrigerator or is that my responsibility? I am about to movew in to my apartment but it has none of the above and I thought I had to purchase that but I was recently told that is his responsibility.

    Reply

    1. There is no requirement for the landlord to provide a stove or refrigerator. The landlord has to maintain the appliances if they provide them.

       Reply

46. Hi,

    I am wanting to terminate my lease early but my standard Chicago apartment lease contains no provision for this. Am I right in thinking I can give 60 days written notice to terminate my lease? Information booklets I have read said yes, but I can’t find this in any legislation or ordinance.

    Thanks in advance.

    Reply

    1. Does the landlord live in the building? If no, you are covered under the RLTO. If yes, your building must have over 6 units to be covered under the RLTO.

       If you want to terminate your lease you have a few options.
       1. Find a tenant who will sublet the unit from you. They would take over the remainder of your lease but you will be liable to pay rent if this tenant does not pay.
       2. You can break your lease but you may be subject to a termination fee by the landlord. If your lease doesn’t detail early termination, you may also be liable to continue to pay the rent until the landlord finds another tenant. You can assist the landlord to find a new tenant. It is the landlord’s responsibility to get a new tenant, but since you are liable for rent until a new tenant takes over, it is in your interest to help speed the process along.

       There are also some other options depending on whether or not you are covered by the RLTO. Are you?

       Reply

       1. In reference to “building must have over 6 units”, is it the building must contain over 6 units. Or there must be 6 rented units in the building? We own a condo in an 8 unit building and I am trying to figure out if this covers us? We had rented our condo, but only 2 units total in the building are rented. The rest are owner occupied.

          Reply

          1. There are two parts to the question. The first if the building or property has more than 6 units then the ordinance is in effect. Secondly the owner occupied refers to the owner of the unit being rented and not whether some of the units in the building are owner occupied. So if the condo building is 4 units and the owner of the unit in question does not live on the property then then the unit is covered even if the other 3 units are owner occupied. The owner of the property must live on site.

47. I am curious if there is any stipulation on how much our rent can be increased. I have lived in the same apartment for almost 6 years now and our rent has had slight increases. I just got my notification to renew my lease and it is being increased by $835 a month. This building is switching management companies and will now be managed by Chicago Apartment Finders. As far as I know at least 4 other units in my building have had these large increases. It is a 3 bedroom, 1 bath unit but extremely dated, the floors aren’t even, window AC, gas heat and mix of carpet/wood/linoleum. I currently pay $1265 and if I renew my new rate will be $2100.

    Reply

    1. Unfortunately, there is no rent control anywhere in the State of Illinois. The legislature in the 1990s passed a law banning any type of rent control. You might want to contact you state senator and state representative and let them know how big of a rent increase that you received.

       In the mean time you might want to start negotiating with the landlord. If the landlord the landlord is asking too much then it may be in the landlord’s best interest to keep you as a renter, especially if you are a good tenant. Good tenants are valuable to landlords. It cost money to re-rent a unit.

       Reply

48. Hi,

    I’m moving soon and want to know the legality of “move-in fees”. My new landlord is not charging me a security deposit but instead a non-refundable move-in fee. Is there any limit to how large this fee is? For context, my rent will be $600 per month and the move in fee is $300, which I think is a bit excessive.

    Thank you for your assistance.

    Reply

    1. I agree the fee sounds excessive. Currently, there are no laws that specifically cover move=in fees. What does the fee cover? I would document whatever the landlord says about it. I could be useful when you move out.

       Reply

49. Hey im chanel .. my problem is me n my bf are livin 2gether we recently got in2 a fight n now he wants out of the lease n he is the head of the house but im on the lease 2 soo if he moves n wants out how long do i have 2 stay or do i really have 2 leave wat can i do 2 makw it work out in my favor bcuz i dnt wanna move right now…

    Reply

    1. If you can pay the rent then you can continue to live there. You may want to get you boyfriend taken off the lease. If you cannot pay the rent, the landlord will still have to evict you. The process is the landlord is to give you a 5 day pay or vacate notice. If you do not pay then the landlord can start court proceedings.

       Reply

50. Hello,

    I am currently renting an apartment which has one ac window unit. I just moved in a few months ago and a disovered that although the ac unit does work , it does not properly cool the apartment and on very hot days, the temp in the apartment is 83 degrees. The maintenance man came and looked at the ac and said that it was working but the only way that the apartment would be cooled properly was to have a second window ac unit added. I checked my lease and it states that the landlord does have to maintain the unit and make sure that it is working properly. The landlord is refusing to add another ac unit. Do I have any legal rights to tell my landlord that he needs to put in another unit?

    Thank you

    Reply

    1. You raise a good question that I do not know the answer to. Chicago does not have a maximum heat law (ie the landlord nor is there a law that even requires a landlord to provide air-conditioning.

       Though if a landlord does provide air-conditioning then the landlord is required to maintain the unit in good working order.

       The question that you raise is if the landlord has provided an air-conditioner and air-conditioner is working but is not of sufficient size to cool the unit then is the landlord required to provide you with an air-conditioner that is large enough to cool the apartment and to what temperature.

       Some of the answer to the question, may lie in how the landlord presented the unit. Did the landlord state that it was air-conditioned?

       Reply