This Ordinance applies to residences within the city of Chicago only. Please see the Exceptions to the RLTO to ensure the law applies to you. For tenants in. The Chicago Landlord Tenant Ordinance (RLTO) is the preeminent source of tenants’ rights law for those that live in the City of Chicago. To download a full copy. Most residential tenants in Chicago are protected by the Chicago Residential Landlord Tenant Ordinance (“RLTO”), which grants many rights and remedies to .
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R,to listed examples of material non-compliance sometimes incorporate other sections of the Chicago Municipal Code, which must be referred to for more specific requirements.
You shall receive additional notice if there is a change in owner. Failure to maintain elevators in compliance with applicable provisions of the municipal code.
So what does a tenant have to do to withhold rent or break their lease? However, these remedies require strict technical compliance and should not be attempted without the assistance of an attorney.
To have the property reasonably maintained Landlords must maintain the premises in accordance with the law and must make repairs to the dwelling to keep it in compliance.
Residential Landlord and Tenant Ordinance (RLTO)
Landlords must mitigate their damages. Withhold a portion of rent that reasonably reflects the reduced value, if the condition is not remedied within 24 hours after notification, so long as the problem is not caused by the inability of the utility company to provide service; or Terminate the rental agreement if the defect lasts longer than 72 hours after notice and so long as the failure is not caused by the inability of the utility provider to provide service.
The security deposit must be returned within seven days of notice when the tenant vacates for casualty damage and within 45 days of move-out in any other situation. The landlord must also notify the tenant, in writing, if he transfers the security deposit to a different bank. The proper purposes to access the unit are:. The tenant then may submit the paid bill to the landlord and deduct that amount from the rent.
Before an initial lease is signed or the tenant enters into a renewal agreement, the landlord or his agent must disclose the following:. Failure to maintain stairways or porches in safe condition and sound repair.
Failure to supply screens where required by the municipal code. The RLTO details what the landlord must provide and maintain in rtlo apartment and what remedies are available to the tenant if the landlord does not do so.
Chicago Tenants Rights
We are only taking security deposit cases right now, but we have a large referral network. Failure to provide or maintain in good working order a flush water closet, lavatory basin, bathtub or shower, or kitchen sink.
Transfer of the security deposit to a new landlord The RLTO also contains specific provisions for the transfer of the security deposit and prepaid rent when the ownership or control of the real estate is transferred. Online text of the the law: Damages can be recovered for interrupted utility service that the landlord is responsible for. If the unit is in foreclosure prior to the tenant signing the lease, the proper notification must be given before the tenant enters into the agreement.
Landlords in Chicago must allow their tenants to sublease. The notice must be made within 10 days of the transfer of the deposit and specify the name, business address and phone number of the transferee or his agent. Chicago is concerned with protecting the health and welfare of its citizens, so it enacted a law to encourage landlords and tenants to improve the quality of housing available.
The tenant owns the interest earned on the security deposit. If the landlord is able to sublease the unit, the tenant who terminated is only responsible to the extent that the landlord receives less in rent than he would have under the broken lease. If the landlord fails to correct the condition within 14 days after being notified by the tenant in writing, the tenant may, during the time such failure continues, deduct from the rent the stated amount.
Under the Residential Landlord Tenant Ordnance, tenants must:. While a landlord may access a leased unit for legitimate reasons and upon proper notice, he may not harass the tenant, access the unit without a valid reason or access the unit without giving proper notice. Additionally, the person receiving the deposit must sign the receipt.
Failure to maintain and repair any equipment which the landlord supplies or is required to supply; or. The tenant must deliver possession to the landlord within 30 days and the landlord shall return the security deposit, unpaid rent and interest.
But as Andy worked on my case with me, I began to feel empowered, and at the end of it all, I ended up asking for what I was originally too afraid to ask for, and getting it. Rental Property Utility Services Act Defines rights with regard to landlord paid utilities and common area utilities. Under the RLTO the landlord must give the tenant notice of intent to enter at least two days before he intends to enter the unit.
If the landlord violates this provision rkto the RLTO the tenant has a choice of remedies. Statutory damages in multiples of rent or the security deposit; The right to terminate the lease; The right to sue for actual damages; The right to withhold rent; The right to make repairs; The right to possession; and Attorney fees and court costs.
In either case, there has to be a real problem, as discussed above. Most of the basics are covered, like bugs, mice, leaks, no heat, cracked windows, no fire extinguishers or smoke detectors.
If the landlord violates the duty to maintain, the tenant may: The notification required is very specific and must identify the court, case name, and case number. Before correcting a condition, the repair of which will affect more than his own dwelling unit, the tenant shall notify all other tenants affected and shall cause the work to be done so as to result in the least practical inconvenience to other tenants.
Chicago Tenants Rights – A Comprehensive Guide
But that’s another story for Chicago’s political corruption. The RLTO also contains specific provisions for the transfer of the security deposit and prepaid rent when the ownership or chifago of the real estate is transferred.
The list of examples of a failure to maintain the property is long, it includes: Failure to exterminate insects, rodents or other pests.