Chicago and Cook County Lease Break

Pursuant to Chicago RLTO Section 5-12-110(b), 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 pursuant to RLTO Section 5-12-070. If a tenant moves into a defective or inhabitable dwelling unit, the tenant has the right to terminate the lease. Period. In the case of a landlord’s failure to deliver possession, rent for the dwelling unit shall abate until possession is delivered, and the tenant may, upon written notice to the landlord, terminate the rental agreement and upon termination the landlord shall return all prepaid rent and the security deposit.

For purposes of lease termination under RLTO Section 5-12-110(b), material noncompliance with Section 5-12-070 shall include the following circumstances upon a tenant moving into the property at the beginning of the tenancy:

Failure to maintain the structural integrity of the building or structure or parts thereof;
Failure to maintain floors in compliance with the safe load-bearing requirements of the municipal code;
Failure to comply with applicable requirements of the municipal code for the number, width, construction, location or accessibility of exits;
Failure to maintain exit, stairway, fire escape or directional signs where required by the municipal code;
Failure to provide smoke alarms, smoke detectors, sprinkler systems, standpipe systems, fire alarm systems, automatic fire detectors or fire extinguishers where required by the municipal code;  
Failure to maintain elevators in compliance with applicable provisions of the municipal code;
Failure to provide or maintain in good working order a flush water closet, lavatory basin, bathtub or shower, or kitchen sink;
Failure to maintain heating facilities or gas-fired appliances in compliance with the requirements of the municipal code;
Failure to provide heat or hot water in such amounts and at such levels and times as required by the municipal code;
Failure to provide hot and cold running water as required by the municipal code;
Failure to provide adequate hall or stairway lighting as required by the municipal code;
Failure to maintain the foundation, exterior walls or exterior roof in sound condition and repair, substantially watertight and protected against rodents;
Failure to maintain floors, interior walls or ceilings in sound condition and good repair;
Failure to maintain windows, exterior doors or basement hatchways in sound condition and repair and substantially tight and to provide locks or security devices as required by the municipal code, including  
deadlatched locks, deadbolt locks, sash or ventilation locks, and front door windows or peepholes;
Failure to supply screens where required by the municipal code;  
Failure to maintain stairways or porches in safe condition and sound repair
Failure to maintain the basement or cellar in a safe and sanitary condition;
Failure to maintain facilities, equipment or chimneys in safe and sound working condition;
Failure to prevent the accumulation of stagnant water;
Failure to exterminate insects, rodents or other pests;
Failure to supply or maintain facilities for refuse disposal;
Failure to prevent the accumulation of garbage, trash, refuse or debris as required by the municipal code;
Failure to provide adequate light or ventilation as required by the municipal code;
Failure to maintain plumbing facilities, piping, fixtures, appurtenances and appliances in good operating condition and repair;
Failure to provide or maintain electrical systems, circuits, receptacles and devices as required by the municipal code;
Failure to maintain and repair any equipment which the landlord supplies or is required to supply; or
Failure to maintain the dwelling unit and common areas in a fit and habitable condition.

As an additional penalty under RLTO Section 5-12-110(b), in addition to the remedy of early lease termination, if the landlord’s failure to deliver possession is deemed willful, a tenant may recover from the landlord an amount not more than two (2) months’ rent or twice the actual damages sustained by him, whichever is greater.