Cook County Landlord Tenant Ordinance
Cook County Landlord Tenant Ordinance: Learn more about Landlord Rights, Tenant’s Rights, and Conditions of Habitability
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What is The Cook County RTLO?
The Cook County Residential Tenant Landlord Ordinance (RTLO) outlines the rights and responsibilities of both landlords and tenants in suburban Cook County. Read Below for Cook County RTLO Violations.
Cook County, Illinois has 23 cities, 1 town, and 111 villages. The only two independent cities in Cook County are Chicago and Evanston. The rest of the county is divided into 29 townships. Cook County is the second most populated county in the United States, and the 19th largest government. For more information Click “World Population Review”
Sec. 42-806 – Tenant Remedies.
Sec. 42-806 – Tenant Remedies
A. Tenant remedy of withholding rent.
If the landlord is not in material compliance with the rental agreement or with section 42- 805, the tenant may deliver a written notice to the landlord specifying the items of material noncompliance. The tenant may deliver this written notice at any time of month. The written notice shall indicate that the tenant will withhold rent on the next rent payment date if the landlord has not remedied the material noncompliance within 14 days after receipt of written notice. The tenant may withhold an amount of rent that reasonably reflects the reduced value of the premises. The tenant may not withhold for a condition caused by the deliberate or negligent act or omission of the tenant, a member of the tenant’s family, or other person on the premises with the tenant’s consent.
B. Tenant remedy of terminating lease.
1. If the landlord is not in material compliance with the rental agreement or with section 42-805, the tenant may deliver a written notice to the landlord specifying the items of material noncompliance. The tenant may deliver this written notice at any time of month. The written notice shall indicate that the tenant will terminate the rental agreement and vacate the property if the landlord has not remedied the material noncompliance within 14 days after receipt of written notice. The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of the tenant’s family, or other person on the premises with the tenant’s consent. If the tenant does not vacate the property within one (1) month after the expiration of the 14 day period or the end of the next rental period, whichever is longer, then the tenant’s written notice shall be deemed withdrawn and the rental agreement shall remain in full force and effect. If the rental agreement is terminated, the landlord shall return the security deposit immediately upon the tenant tendering possession.
C. Tenant remedy of right to file affirmative action.
1. If the landlord is not in material compliance with the rental agreement or with section 42-805, the tenant may recover damages and obtain injunctive relief for any material noncompliance by the landlord with the rental agreement or with section 42-805. The landlord shall have an affirmative defense to this action that the condition was caused by a deliberate or negligent act or omission of the tenant, a member of the tenant’s family, or other person on the premises with the tenant’s consent.
D. Tenant remedy for denial of essential services.
1. If the landlord fails to supply heat, running water, hot water, electricity, gas, or plumbing that the rental agreement requires the landlord to provide, or internet access if the rental agreement requires the landlord to provide, the tenant shall deliver a written notice to the landlord specifying the service to be restored. If the landlord fails to correct the condition within 24 hours after being notified by the tenant, the tenant may:
A. Withhold from the monthly rent an amount that reasonably reflects the reduced value of the premises due to the material noncompliance or failure; or
B. Procure reasonable amounts of heat, running water, hot water, electricity, gas or plumbing service and, upon presentation to the landlord of paid receipts, deduct the cost from their rent; or
C. Recover damages based upon the diminution in the fair rental value of the dwelling unit and reasonable attorney fees; or
D. Procure substitute housing, in which case the tenant is excused from paying rent for the period of noncompliance. The tenant may recover the cost of reasonable value of the substitute housing up to an amount equal to the monthly rent and reasonable fees.
2. In addition, the tenant may terminate the rental agreement by written notice to the landlord if the landlord fails to supply heat, running water, hot water, electricity, gas, or plumbing that the rental agreement requires the landlord to provide, or internet access if the rental agreement requires the landlord to provide, for more than 72 hours after the tenant has notified the landlord. If the rental agreement is terminated, the landlord shall return all security deposits thereon and the tenant shall deliver possession of the dwelling unit to the landlord within 30 days after the expiration of the 72 hour time period specified in the written notice or the end of the next rental period, whichever is longer. The landlord shall return the security deposit immediately upon the tenant delivering possession. If the tenant does not vacate the property within 30 days after the notification of termination or the end of the next rental period, whichever is longer, then the tenant’s written notice shall be deemed withdrawn and the rental agreement shall remain in full force and effect.
3. The tenant may not exercise their rights under section 42-806(D) if the condition was caused by the inability of a utility supplier, or internet provider to provide service, unless the landlord caused the inability of the utility supplier, or by the deliberate or negligent act or omission of the tenant, a member of the tenant’s family, or other person on the premises with the tenant’s consent.
E. Tenant remedies in the event of fire or casualty.
1. If the dwelling unit or premises are 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 805(C), the tenant may 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 fire or casualty.
2. If continued occupancy is lawful, the tenant may 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 diminution in the fair rental value of the dwelling unit.
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, the tenant may notify the landlord in writing within 14 days after the tenant becomes aware that work is not being carried out diligently, or within a reasonable time 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.
4. If the rental agreement is terminated, the landlord shall return all security deposit within 48 hours. When the landlord accounts for rent after the tenant has terminated the rental agreement, the landlord shall not charge rent to the tenant for any date after the date of the fire or casualty.
5. A tenant may not exercise remedies in this section if the fire or casualty damage was caused by the deliberate or negligent act or omission of the tenant, a member of the tenant’s family or a person on the premises with the tenant’s consent.
F. Tenant remedy of withholding rent to undertake minor repairs.
1. If the landlord is not in material compliance with the rental agreement or with section 42-805 and the reasonable cost of compliance does not exceed $500.00 or one-half month’s rent, whichever amount is greater, the tenant may notify the landlord in writing that, if the landlord does not remedy the condition within 14 days of receipt of the written notice or as promptly as conditions require in case of emergency, the tenant will correct the condition and withhold the cost of the repair from the tenant’s next rent payment. The tenant shall have work done in a worker-like manner. The tenant shall submit to the landlord a paid bill from an appropriate tradesperson or supplier at the same time as deducting the amount from their rent. The tenant may not expend or deduct more than the amount specified in this section.
2. A tenant shall not repair at the landlord’s expense or deduct rent if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of the tenant’s family, or other person on the premises with the tenant’s permission.
3. Before correcting a condition affecting facilities shared by more than one dwelling unit, the tenant shall notify all other affected tenants of their plans and so arrange the work as to create the least practicable inconvenience to the other tenants.
Sec. 42-810 – Landlord Obligations.
Sec. 42-810 – Landlord Obligations
A. The landlord shall maintain the premises in compliance with all applicable provisions of any relevant municipal code and section 42-805(C) and shall promptly make any and all repairs to fulfill this obligation.
B. The landlord and tenant of any dwelling unit may agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or remodeling only if:
1. The agreement of the parties is entered into in good faith and not for the purpose of evading obligations of the landlord and is set forth in a separate writing signed by the parties and supported by adequate consideration; and
2. The agreement does not diminish or affect the obligation of the landlord to other tenants on the premises.
C. The landlord obligation to provide a written notice concerning habitability.
1. Before a tenant initially enters into or renews a rental agreement for a dwelling unit, the landlord, or any person authorized to enter into a rental agreement on their behalf, shall disclose to the tenant in writing:
A. Any code violations which have been cited by the municipality or other oversight body during the previous 12 months for the dwelling unit and common areas and provide written notice of the pendency of any code enforcement litigation or administrative hearing. The written notice shall provide the case number of the litigation and/or the identification number of the administrative hearing proceeding and a listing of any code violations cited;
B. Any notice of intent by the municipality or any utility provider to terminate water, gas, electrical, or other utility service to the dwelling unit or common areas. The disclosure shall state the type of service being terminated, the intended date of termination, and whether the termination will affect the dwelling unit, common areas or both.
2. If the landlord fails to comply with section 42-810(C), the tenant may terminate the rental agreement by written notice. The written notice shall specify the date of termination no later than 30 days from the date of written notice. In addition, if a tenant, in a civil legal proceeding against an owner or landlord, establishes that the landlord has violated this section, the tenant shall be entitled to recover one (1) month’s rent or actual damages, whichever is greater, and reasonable attorney’s fees.
D. The landlord has an obligation to maintain the premises free from bed bugs.
1. Landlords subject to this section must provide to all prospective and current lessees with a copy of the current, approved U.S. Environmental Protection Agency federal pamphlet on bed bug prevention, detection and control.
2. In any rental dwelling unit in which an infestation of bed bugs is found or reasonably suspected, it is the responsibility of the landlord to:
A. Provide pest control services by a pest management professional until such time that no evidence of bed bugs can be found and verified;
B. Maintain a written record of the pest control measures performed by the pest management professional on the rental dwelling unit. The record shall include reports and receipts prepared by the pest management professional. The record shall be maintained for three (3) years and shall be open to inspection by authorized city personnel, including but not limited to employees of the departments of health and buildings.
3. In any multiple rental dwelling unit building in which an infestation of bed bugs is found or reasonably suspected, it is the responsibility of the landlord to:
A. Provide pest control services by a pest management professional until such time that no evidence of bed bugs can be found and verified within the building or portion thereof, including the individual rental dwelling units;
B. Maintain a written record of the pest control measures performed by pest management professional on the building. The record shall include reports and receipts prepared by the pest management professional. The record shall be maintained for three (3) years and shall be open to inspection by authorized city personnel, including, but not limited to, employees of the departments of health and buildings.
4. A landlord shall provide the pest control services within ten (10) days after:
A. A bed bug is found or reasonably suspected anywhere on the premises;
B. Being notified in writing by a tenant of a known or reasonably suspected bed bug infestation on the premises or in the tenant’s rental dwelling unit.
5. The extermination of bed bugs shall be by inspection, and if necessary, the treatment of the dwelling unit on either side of the affected dwelling unit and the dwelling unit directly above and below the affected dwelling unit. This pattern of inspection and treatment shall be continued until no further infestation is detected.
6. The tenant shall notify the landlord in writing of any bed bug detection within 48 hours of noticing the presence of any bed bugs.
7. If the landlord fails to notify the tenant of the intention to comply with section 42- 810(D) after receipt of written notice, the tenant may terminate the rental agreement by written notice. However, the tenant may exercise the right to terminate the rental agreement only if the tenant first gives the landlord written notice of the landlord’s breach of this section and the landlord does not remedy the breach within two (2) business days after the tenant delivered the written notice of breach. The written notice that the tenant intends to terminate the rental agreement shall specify the date of termination no later than 30 days from the date of written notice. The written notices required by this section may be delivered electronically if the parties have previously communicated electronically. In addition, if a tenant in a civil legal proceeding against an owner or landlord establishes that a violation of this section has occurred, they shall be entitled to recover one (1) month’s rent or actual damages, whichever is greater, and reasonable attorney’s fees. The tenant shall not have this remedy if the tenant unreasonably refused to cooperate with or unreasonably delayed the extermination process.
E. The landlord has an obligation to disclose lead hazards.
1. The landlord must follow all applicable municipal, state and federal regulations regarding lead poisoning and must specifically:
A. Provide all prospective and current lessees with a copy of the current, approved U.S. Environmental Protection Agency federal pamphlet on lead-based paint disclosure; and
B. Disclose any known lead hazards.
2. If the landlord fails to comply with section 42-810(E) after receipt of written notice, the tenant shall recover one (1) month’s rent or actual damages, whichever is greater, and reasonable attorney fees.
F. The landlord has an obligation to disclose information about ownership, management and agents.
1. The landlord or any person authorized to enter into a rental agreement on their behalf shall disclose to the tenant in writing, on or before the commencement of tenancy, the name, address, and telephone number of:
A. The owner or person authorized to manage the premises.
B. A person authorized to act for or on the behalf of the owner for the purpose of service of process and for the purpose of receiving of notices and demands.
2. A person who fails to comply with section Sec. 42-810(F) becomes an agent of each person who is a landlord for the purpose of:
A. Service of process and receiving of notices and demands;
B. Performing the obligations of the landlord under this Article and under the rental agreement and expending or making available for that purpose all rent collected from the premises.
3. The information required to be furnished by this section shall be kept current.
4. This section extends to any successor landlord, owner or manager.
5. If the landlord fails to comply with section 42-810(F) after receipt of written notice, the tenant may terminate the rental agreement by written notice. However, the tenant may exercise the right to terminate the rental agreement only if the tenant first gives the landlord written notice of the landlord’s breach of this section and the landlord does not remedy the breach within two (2) business days after the tenant delivered the written notice of breach. The written notice that the tenant intends to terminate the rental agreement shall specify the date of termination no later than 30 days from the date of written notice. The written notices required by this section may be delivered electronically if the parties have previously communicated electronically. In addition, if a tenant in a civil legal proceeding against an owner or landlord establishes that a violation of this section has occurred, they shall be entitled to recover $200 in damages in addition to any other damages, attorney’s fees, or remedies that the tenant may also be entitled.
G. The landlord has an obligation to disclose foreclosure.
1. Within seven (7) days of being served a foreclosure complaint, an owner or landlord of a premises that is subject to the foreclosure complaint, shall disclose, in writing, to all tenants of the premises that a foreclosure action has been filed against the owner or landlord. An owner or landlord shall also disclose, in writing, the notice of a foreclosure to any other third party who has a consistent pattern and practice of paying rent to the owner or landlord on behalf of a tenant.
2. Before a tenant initially enters into a rental agreement for a dwelling unit, the owner or landlord shall also disclose, in writing, that they are named in a foreclosure complaint.
3. The written disclosure shall include the court in which the foreclosure action is pending, the case name, case number and shall include the following language: “This is not a notice to vacate the premises. This notice does not mean ownership of the building has changed. All tenants are still responsible for payment of rent and other obligations under the rental agreement. The owner or landlord is still responsible for their obligations under the rental agreement. You shall receive additional notice if there is change in owner.”
4. If the owner or landlord fails to comply with section 42-810(G), the tenant may terminate the rental agreement by written notice. The written notice shall specify the date of termination no later than 30 days from the date of written notice. In addition, if a tenant in a civil legal proceeding against an owner or landlord establishes that a violation of this section has occurred, they shall be entitled to recover $200 in damages in addition to any other damages, attorney’s fees or remedies to which the tenant may also be entitled.
H. Limitation of Liability
1. Unless otherwise agreed upon, a landlord who sells the premises is relieved of liability under the agreement and this Article for events occurring after the conveyance and occurring subsequent to written notice to the tenant of the sale.
2. Unless otherwise agreed, the manager of the premises is relieved of liability under the rental agreement and this Article for events occurring after written notice to the tenant of the termination of their management.
I. The landlord shall provide a summary attachment of the Cook County Residential Tenant Landlord Ordinance as set forth in section 42-814. If the landlord fails to comply with section 42-810(I), the tenant may terminate the rental agreement by written notice. However, the tenant may exercise the right to terminate the rental agreement only if the tenant first gives the landlord a written notice of the landlord’s breach of this section and that also provides notice that the landlord must remedy the breach within two (2) business days after the tenant delivered the written notice of breach. The written notice that the tenant intends to terminate the rental agreement shall specify the date of termination no later than 30 days from the date of written notice. The written notices required by this section may be delivered electronically if the parties have previously communicated electronically. In addition, if a tenant in a civil legal proceeding against an owner or landlord establishes that the landlord has violated this section and failed to remedy the breach within two (2) business days from the date the tenant delivered written notice of the breach, the tenant shall be entitled to recover $200 in damages in addition to any other damages, attorney’s fees, or remedies that the tenant may also be entitled.
Sec. 42-811 – Security Deposit.
Sec. 42-811 – Security Deposit
A. A landlord may not demand or receive a security deposit in an amount in excess of one and one-half months’ rent. A landlord may not avoid the coverage of this subsection by labeling the fee or charge as anything other than a security deposit.
B. A tenant shall pay the landlord, at the time the tenant moves into the premises or at any other time mutually agreed upon by the parties, the amount of the security required by the landlord. Any portion in excess of one (1) month’s rent, at the election of the tenant, shall be paid either at the time the tenant pays the initial security deposit, or shall be paid in no more than six (6) equal installments no later than six (6) months after the effective date of the lease.
C. Upon termination of the tenancy, property or money held by the landlord as a security deposit shall be returned to the tenant within 30 days after the tenant has vacated their dwelling, provided that the landlord or successor landlord may deduct from the security deposit for the following:
1. Any unpaid rent that has not been validly withheld or deducted pursuant to state or federal law or local Ordinance and any courts costs (but not attorney’s fees) awarded by a court in a case that has not been subsequently settled;
2. Any reasonable amount necessary to repair any damage caused to the premises by the tenant, or any person under the tenant’s control or on the premises with the tenant’s consent, reasonable wear and tear excluded. In the case of such damage, the landlord shall deliver or mail to the last known address of the tenant, within 30 days, an itemized statement of the damages allegedly caused to the premises and the estimated or actual cost for repairing or replacing each item on that statement, attaching copies of the paid receipts for the repair or replacement. If estimated cost is given, the landlord shall furnish the tenant with copies of paid receipts, or a certification of actual costs of repairs of damage if the work was performed by the landlord’s employees, within 30 days from the date the statement showing estimated costs was furnished to the tenant.
D. A landlord shall hold all security deposits in a federally insured account in a bank, savings and loan association, or other financial institution located in the state of Illinois. A security deposit shall continue to be the property of the tenant making such deposit, shall not be commingled with the assets of the landlord, and shall not be subject to the claims of a creditor of the landlord or of the landlord’s successors in interest, including a foreclosing mortgagee or trustee in bankruptcy.
E. Notwithstanding this section, a landlord may accept the payment of the first month’s rent and security deposit in one check or one electronic funds transfer and deposit the check or electronic funds transfer into one account if, within seven (7) business days of acceptance of the check or electronic funds transfer, the landlord transfers the amount of the security deposit into a separate account that complies with this section.
F. The landlord shall clearly and conspicuously disclose the name of the financial institution where the landlord has deposited the security deposit in the written rental agreement signed by the tenant.
G. If, during the pendency of the rental agreement, the landlord transfers the security deposit from one financial institution to another, the landlord shall notify the tenant in writing of the name of the new financial institution within 14 days of the transfer or within a reasonable time, given all circumstances.
H. Any landlord who receives a security deposit from a tenant shall give a receipt indicating the amount of such security deposit, the name of the person receiving it, and, in the case of the agent, the name of the landlord for whom such a security deposit is received, the date on which it is received, and a description of the dwelling unit. The receipt shall be signed by the person receiving the security deposit. Failure to comply with this subsection shall entitle the tenant to immediate return of the security deposit.
I. Upon payment of the security deposit by means of an electronic funds transfer, the landlord shall give the tenant a receipt that complies with this section, or an electronic receipt that complies with this section, or an electronic receipt that acknowledges the receipt of the security deposit, a description of the dwelling unit, and an electronic or digital signature of the person receiving the deposit.
J. If a landlord, who has received a security deposit, sells, leases or transfers ownership or otherwise transfers control or other direct or indirect disposition of residential real property, the successor landlord of this property shall be liable to that tenant for any security deposit which has been paid to the transferor.
K. The transferor shall remain jointly and severally liable with the successor landlord to the tenant for such security deposit unless and until this transferor transfers the security deposit to the successor landlord and provides written notice to the tenant of the transfer, specifying the name, business address and business telephone number of the successor landlord or their agent within ten (10) days of the transfer.
L. Within 14 days from the date of the transfer, the successor landlord shall notify the tenant, in writing, that the security deposit was transferred to the successor landlord and that the successor landlord is holding the security deposit. This written notice shall also contain the name, business address and business telephone number of the successor landlord or their agent.
M. If the landlord fails to comply, the tenant shall have a right to seek damages.
1. If the landlord fails to comply with section 42-811(A). 42-811(B), 42-811(C), the tenant shall be awarded damages in an amount equal to two times the security deposit and reasonable attorney’s fees. This section does not preclude the landlord or tenant from recovering other damages to which they may be entitled under this Article.
2. If the landlord fails to comply with one or more of the disclosure requirements as set forth in sections 42-811(D) through 42-811(L), the tenant may notify the landlord of the landlord’s failure to comply with this section by written notice. Within two (2) business days after the receipt of the tenant’s written notice, the landlord shall remedy and provide the disclosures as described in those sections. The written notices required by this section may be delivered electronically if the parties have previously communicated electronically. The written notice from the tenant to the landlord must include that there has been a breach of the rental agreement and that the landlord must remedy the breach within two (2) business days after the tenant delivered the written notice or face damages. If the landlord fails to remedy within two (2) business days, the tenant shall be awarded damages in an amount equal to two times the security deposit and reasonable attorney fees. This section does not preclude the landlord or tenant from recovering other damages to which they may be entitled under this Article.
Sec. 42-814 – Summary Attachment to Rental Agreement.
Sec. 42-814 – Summary Attachment to Rental Agreement
A. The Cook County Zoning & Building Committee and the full Cook County Board of Commissioners shall approve a summary of this Article, describing the respective rights, obligations, and remedies of landlords and tenants hereunder and shall make such summary available for public inspection and copying. A copy of such summary will be made available in multiple languages on the Cook County Department of Human Rights and Ethics website. A copy of such summary shall be attached to each written rental agreement when such agreement is initially offered to any tenant or prospective tenant by or on behalf of a landlord and whether such agreement is for rental or renewal thereof.
B. If the landlord acts in violation of this section, the tenant may terminate the rental agreement by written notice as set forth in the section 42-810(I).
Sec. 42-815 – Rights & Remedies Under Other Laws.
Sec. 42-815 – Rights & Remedies Under Other Laws
A. To the extent that this Article provides no rights or remedies in a circumstance, the rights and remedies available to landlords and tenants under the laws of the State of Illinois or other local ordinance shall remain applicable.
Prohibited Lease Provisions under the Cook County RTLO
Cook County RTLO Section 42-804(F) “Prohibited Provisions”
The Cook County RTLO Section 42-803(10) defines “Rental Agreement or Lease” as “a written or oral agreement, and any valid rules and regulations adopted pursuant to subsection 808(C), embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises.”
Effective June 1, 2021, pursuant to Cook County RLTO Section 42-804(F) “A rental agreement shall not provide that the tenant or the landlord:
- Agrees to waive or to forego rights or remedies under this Article, Illinois state law, or federal law;
- Authorizes a confession of judgment, or any entry of a judgment by a court without written notice or a trial, for any claim, including but not limited to debts, liabilities, damages, and obligations, arising out of the rental agreement;
- Agrees to a waiver of: any written termination of tenancy notice or manner of service thereof provided under state law or this Article, summons, copy of complaint, petition, right to notice, motion, entry of appearance, or other documents from the court as established through judicial process in the manner provided by the Illinois Code of Civil Procedure, 735 ILCS 5/2-201, et seq., or any action, regardless of good cause or cost;
- Agrees to a non-disparagement clause that limits any written or oral statements, remarks, or other communications, public or private, directly or indirectly, made by tenants regarding the landlord, property, management, staff, officers, directors, representatives, investors, shareholders, administrators, affiliates, employees, affiliated corporations, divisions, or subsidiaries;
- Agrees to the limitation of any liability of the tenant or landlord arising under law or to indemnify the tenant or landlord for that liability or the costs connected therewith;
- Agrees to waive the right of any party to a trial by jury;
- Agrees that in the event of a lawsuit arising out of the tenancy the tenant will pay the landlord’s attorney’s fees except as provided for by court rules, statute or Ordinance. This paragraph shall also apply to a mobile home owner who, as a tenant, rents a manufactured home lot in a mobile home park as the terms “tenant”, “manufactured home” or “mobile home,” “lot,” and “mobile home park,” are defined or used in the Mobile Home Landlord and Tenant Rights Act, 765 ILCS 745 et seq.;
- Agrees that either party may cancel or terminate a rental agreement at a different time or within a shorter time period than the other party, unless such provision is disclosed in a separate written notice;
- Agrees that a tenant shall pay a charge, fee or penalty in excess of $10.00 per month for the first $1,000.00 in monthly rent plus five (5) percent per month for any amount in excess of $1,000.00 in monthly rent for the late payment of rent. This paragraph shall also apply to a mobile homeowner who, as a tenant, rents a manufactured home lot in a mobile home park as the terms, “tenant”, “manufactured home” or “mobile home,” “lot,” and “mobile home park,” are defined or used in the Mobile Home Landlord and Tenant Rights Act, 765 ILCS 745 et seq.;
- Agrees that a tenant shall receive a discount in excess of $10.00 per month for the first $1,000.00 in monthly rent plus five (5) percent per month for any amount in excess of $1,000.00 in monthly rent if the tenant pays rent before a specified date or within a specified time period in the month;
- Agrees that a landlord may apply rent payments to a charge other than rent, including but not limited to utilities, fines, late fees or other charges;
- Agrees that the landlord shall not impose a fee in excess of the reasonable cost of that expense, including, but not limited to, credit-check fees and move-in fees. A landlord shall not rename a fee or charge to avoid application of this prohibition.”
Pursuant to Cook County RTLO Section 42-804(G), a “landlord shall not enforce a provision prohibited by section Sec. 42-804. If a landlord deliberately uses a rental agreement containing any provision known by the landlord to be prohibited, the tenant may recover actual damages or two (2) months’ rent, whichever is greater.”
Landlord's Failure to Disclose Code Violations in The Lease Under The Cook County RTLO
Cook County RTLO Section 42-810(C) “The Landlord Obligation To Provide A Written Notice Concerning Habitability”
The Cook County RTLO prioritizes disclosure of code violations prior to entering into a rental agreements; there is no cure provision for Landlords for failing to disclose violations and Section 42-810(C) is strict liability.
Pursuant to Cook County RTLO Section 42-810(C)(1), “[b]efore a tenant initially enters into or renews a rental agreement for a dwelling unit, the landlord, or any person authorized to enter into a rental agreement on their behalf, shall disclose to the tenant in writing:
Any code violations which have been cited by the municipality or other oversight body during the previous 12 months for the dwelling unit and common areas and provide written notice of the pendency of any code enforcement litigation or20 administrative hearing. The written notice shall provide the case number of the litigation and/or the identification number of the administrative hearing proceeding and a listing of any code violations cited;
Any notice of intent by the municipality or any utility provider to terminate water, gas, electrical, or other utility service to the dwelling unit or common areas. The disclosure shall state the type of service being terminated, the intended date of termination, and whether the termination will affect the dwelling unit, common areas or both.”
Cook County RTLO Section 42-810(C)(2) finishes with the following, “If the landlord fails to comply with section 42-810(C), the tenant may terminate the rental agreement by written notice. The written notice shall specify the date of termination no later than 30 days from the date of written notice. In addition, if a tenant, in a civil legal proceeding against an owner or landlord, establishes that the landlord has violated this section, the tenant shall be entitled to recover one (1) month’s rent or actual damages, whichever is greater, and reasonable attorney’s fees.”
This Section is a major win for Cook County Tenants. The Cook County RTLO contains no cure provision for Landlords for failing to disclose code violations before a lease is entered into or renewed. The unambiguous language of RTLO Section 42-810(C) makes lease termination on this basis a solid option.
Cook County RTLO Section 42-810(C) “The Landlord Obligation to Provide a Written Notice Concerning Habitability”
The Cook County RTLO prioritizes disclosure of code violations prior to entering into a rental agreements; there is no cure provision for Landlords for failing to disclose violations and Section 42-810(C) is strict liability.
Pursuant to Cook County RTLO Section 42-810(C)(1), “[b]efore a tenant initially enters into or renews a rental agreement for a dwelling unit, the landlord, or any person authorized to enter into a rental agreement on their behalf, shall disclose to the tenant in writing:
Any code violations which have been cited by the municipality or other oversight body during the previous 12 months for the dwelling unit and common areas and provide written notice of the pendency of any code enforcement litigation or20 administrative hearing. The written notice shall provide the case number of the litigation and/or the identification number of the administrative hearing proceeding and a listing of any code violations cited;
Any notice of intent by the municipality or any utility provider to terminate water, gas, electrical, or other utility service to the dwelling unit or common areas. The disclosure shall state the type of service being terminated, the intended date of termination, and whether the termination will affect the dwelling unit, common areas or both.”
Cook County RTLO Section 42-810(C)(2) finishes with the following, “If the landlord fails to comply with section 42-810(C), the tenant may terminate the rental agreement by written notice. The written notice shall specify the date of termination no later than 30 days from the date of written notice. In addition, if a tenant, in a civil legal proceeding against an owner or landlord, establishes that the landlord has violated this section, the tenant shall be entitled to recover one (1) month’s rent or actual damages, whichever is greater, and reasonable attorney’s fees.”
This Section is a major win for Cook County Tenants. The Cook County RTLO contains no cure provision for Landlords for failing to disclose code violations before a lease is entered into or renewed. The unambiguous language of RTLO Section 42-810(C) makes lease termination on this basis a solid option.
Landlord's Failure to Attach Summary of The Law to The Lease Under The Cook County RTLO
Cook County RTLO Sec. 42-814 “Summary Attachment To Rental Agreement”
Cook County RTLO Section 42-814 “Summary Attachment To Rental Agreement” is quite different than Chicago RLTO Section 5-12-170, and has way less bite for Cook County Tenants.
The Cook County RTLO mandates only one (1) Summary to be attached to each written rental agreement when such agreement is initially offered to any Tenant or Prospective Tenant by or on behalf of a Landlord and whether such agreement is for rental or renewal thereof.
If the Landlord acts in violation of this section, the Tenant may terminate the rental agreement by written notice as set forth in the Section 42-810(I). There is no strict liability here unlike the Chicago RLTO.
Pursuant to RTLO Section 42-810(I), “the tenant may exercise the right to terminate the rental agreement only if the tenant first gives the landlord a written notice of the landlord’s breach of this section and that also provides notice that the landlord must remedy the breach within two (2) business days after the tenant delivered the written notice of breach.”
If after two (2) business days the Landlord fails to respond to the written notice, the Tenant may only then terminate his or her lease by giving a date no later than thirty (30) days from the date of the notice and shall recover $200.00 as a penalty.
Landlord’s Right of Access and Unlawful Entries Under
The Cook County RTLO
Cook County RTLO Sec. 42-808(2) – Right Of Entry
Unlike the Chicago RLTO, “harass or harassing” is now defined in the Cook County RTLO.
Pursuant to Cook County RTLO Section 42-803(2), “Harass or harassing means knowing conduct which is not necessary to accomplish a purpose reasonable under the circumstances that would cause a reasonable person emotional distress to the tenant and does cause emotional distress to another.”
Pursuant to RTLO Sections 42-808(2)(a)-(c), a Cook County Landlord has strict obligations prior to entering a Cook County Tenant’s dwelling unit.
Contact Information – Cooks County Renters Rights Attorney Aaron A. Krolik
Aaron Krolik Law Office, LLC
77 West Wacker Drive, Suite 4500
Chicago, Illinois 60601
Phone: (312) 925-4090
Email: akrolik@securitydepositlaw.com
Reviews For Chicago Renters Rights Lawyer, Aaron Krolik Law Office, LLC
Office Location:
77 West Wacker Drive Suite 4500
Chicago, Illinois 60601
Aaron Krolik Law Office, LLC
Chicago & Cook County, Illinois
Chicago Renters Rights Lawyer
