Chicago, Illinois Tenant Landlord Law FAQs

Chicago, Illinois Tenant Landlord Law FAQs: Learn the Answers to some Frequently Asked Questions pertaining to Chicago, Illinois.

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Chicago, Illinois Tenant Landlord Law

Frequently Asked Questions

Chicago, Illinois Tenant Landlord Law

Yes.  There is a Chicago city ordinance which is the prevailing law.  Subject to a few exclusions, the Chicago Residential Landlord and Tenant Ordinance (RLTO) governs tenant and landlords rights, obligations, and remedies pertaining to residential tenancies.  The Chicago RLTO can be found at   https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2639041#JD_Ch.5-12

Yes.   A tenant may terminate the rental agreement if the landlord fails to deliver “possession” of the dwelling unit to the tenant in compliance with the residential rental agreement or if a tenant moves into a defective or inhabitable dwelling unit, the tenant has the right to terminate the lease. In the case of a landlord’s failure to deliver possession, no cure period is required and the tenant may terminate upon written notice to the landlord  Additionally, rent for the dwelling unit shall abate until possession is delivered and the landlord shall return all prepaid rent and the security deposit.

Yes.  If there is material noncompliance which renders the premises not reasonably fit and habitable, the tenant under may deliver a written notice to the landlord specifying the acts and/or omissions constituting the material noncompliance and specifying that the rental agreement will terminate on a date not less than fourteen (14) days after receipt of the notice by the landlord, unless the material noncompliance is remedied by the landlord.  If the material noncompliance is not remedied within the time period specified in the notice, the rental agreement shall terminate, and the tenant shall deliver possession of the dwelling unit to the landlord within 30 days after the expiration of the time period specified in the notice. If the rental agreement is terminated, the landlord shall return all prepaid rent, the security deposit, and interest recoverable by the tenant.

There are three (3) main things Landlords must disclose or attach to leases in Chicago.

First, Chicago landlords shall attach to rental agreements the most current version of the RLTO “Summary” made for by copying and inspection by the City of Chicago.  This includes both oral and written leases.  Additionally, if a security deposit is paid, landlords shall attach a “Separate Summary” of security deposit interest rates containing the current year’s interest rate and the rate for the previous two (2) years.  If the landlord fails to attach the legal Summaries, the tenant may terminate the rental agreement by written notice. The written notice shall specify the date of termination no later than 30 days from the date of the written notice. If a tenant in a civil legal proceeding against his landlord establishes that a violation of this section has occurred, he or she shall be entitled to recover $100.00 in damages.

 

Second, before a tenant initially enters into or renews a rental agreement for a dwelling unit, Chicago landlords shall disclose to the tenant in writing any code violations which have been cited by the City of Chicago during the previous 12 months for the dwelling unit and common areas and provide notice of the pendency of any code enforcement litigation or administrative hearing proceeding affecting the dwelling unit or common area. The 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. If a landlord violates this obligation, the tenant may deliver a written notice to the landlord specifying that the rental agreement will terminate on a date not less than fourteen (14) days after receipt of the notice by the landlord, unless the the code violations are disclosed by the landlord.  Additionally, if the landlord fails to disclose violations after notice is received, the tenant shall recover one month’s rent or actual damages, whichever is greater.

 

Third, a landlord or any person authorized to enter into an oral or written rental agreement on the landlord’s behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name, address, and telephone number of:
(a) The owner or person authorized to manage the premises; and
(b) A person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for notices and demands.

If a landlord violates this obligation, the tenant may deliver a written notice to the landlord specifying that the rental agreement will terminate on a date not less than fourteen (14) days after receipt of the notice by the landlord, unless the owner and agent information is disclosed by the landlord.  Additionally, if the landlord fails to disclose owner and agent information after notice is received, the tenant shall recover one month’s rent or actual damages, whichever is greater.

Chicago Landlords have several “strict liability” obligations under the RLTO pertaining to security deposits. Chicago landlords shall maintain security deposits in a separate bank account.  Chicago landlords shall clearly and conspicuously disclose in the written lease signed by the tenant, the bank name and address where the security deposit is being held.  An address such as “Chicago, Illinois” is legally insufficient.Chicago landlords shall give tenants a signed written security deposit receipt, containing the amount of the security deposit and a description of the dwelling unit on the receipt.  The written receipt must be provided when the tenant makes the security deposit payment.  If a landlord fails to provide a legal receipt, the tenant shall be entitled to the “immediate” return of the security deposit.  Chicago landlords shall pay interest annually, within thirty (30) days after the end of “each” 12-month rental period.  If a landlord pays accrued interest solely at the end of a tenancy, this is a violation of the Chicago RLTO.  A Chicago landlord shall return the security deposit and interest no later than forty five (45) days after a tenant vacates the dwelling unit. Regarding deductions made to a security deposit, Chicago landlords shall deliver or mail to the last known address of the tenant within thirty (30) days an “itemized statement” of the damages allegedly caused to the premises. In addition to the “itemized statement,” Chicago landlords 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 thirty (30) days from the date the statement showing estimated cost was furnished to the tenant.

The Chicago RLTO has very strict consequences for a Chicago landlord that violates any of the above security deposit obligations contained in the RLTO.  If the landlord violates any of the above security deposit obligations, the tenant shall be awarded damages in an amount equal to “two times the security deposit” plus interest.

Yes, Chicago RLTO Section 5-12-180, provides that the “prevailing party” shall be entitled to his or her reasonable attorneys fees and costs.

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