- To Be Free from Unreasonable Access by the Landlord
- To Have the Property Reasonably Maintained
- To Live in a Safe Environment with Essential Services
- To Vacate an Apartment If There Is Fire or Casualty Damage
- Delivery of Possession of the Rental Unit in Suitable Condition
- Fair Notice of Lease Termination and Rent Increases
- Fair Treatment of Security Deposits
- Proper Handling of Security Deposits
- Disclosure of Security Deposit Location
- Receipt for Payment of Security Deposit
- Payment of Interest on Security Deposit
- Return of the Security Deposit
- Transfer of the Security Deposit to a New Landlord
- Penalties for Violating Security Deposit Provisions
Estimated reading time: 20 minutes
What Is the Purpose of the Chicago Tenants Rights law?
The City of Chicago is densely populated and many citizens live in residential apartments. 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 ordinance also serves to set forth rights that cannot be overridden by a lease written by an overzealous landlord. The RLTO protects the rights of most residential tenants and raises the standards for all.
Don't ruin your case!
Too many tenants ruin their deposit case before speaking with a lawyer - Don't discuss your deposit with your landlord without knowing these 15 tips.
Sign Up Below to receive the Free deposit Ebook
I certify that I am/was a tenant (not a landlord) and agree to the Terms of Service and Privacy Policy.
Send Me the Ebook What Properties Are Covered By the Chicago Tenants Rights Law?The Chicago RLTO applies to most residential rental units located within the City of Chicago. There are, however, some exceptions. The RLTO does not apply to the following properties:
- Units in suburban Cook County (but see Cook County tenants rights);
- Buildings with six of fewer units when the owner lives in the building;
- Hotels, motels and rooming houses unless rent is paid by the month and the unit is occupied for more than 32 days;
- School dorms, shelters and employee’s quarters;
- Hospitals and convents;
- Nursing homes and asylums;
- Non-residential properties; and
- Co-ops where the tenant is a shareholder in the co-op.
What Are Chicago Tenants Rights?
To Be Free from Unreasonable Access by the Landlord
While a landlord may access a leased unit for legitimate reasons and upon proper notice, the landlord may not harass the tenant, access the unit without a valid reason or access the unit without giving proper notice. Under the RLTO the landlord must give the tenant notice of intent to enter at least two days before the landlord intends to enter the unit. The landlord must give the notice in good faith using a method reasonably likely to provide the tenant notice. The RLTO suggests that notice be given by mail, telephone or written notice posted on the dwelling.
The landlord may access the unit only during reasonable times, defined as 8:00 a.m. until 8:00 p.m. unless the tenant consents to a different time or if there is an emergency.
There are two scenarios where notice of intent to enter is not required; those situations are in case of emergency or when repairs to other parts of the building unexpectedly require the landlord to enter the tenant’s unit. In these cases no prior notice or consent are required. After the landlord accesses the unit under these two scenarios, he must give notice to the tenant during the two days following the entry.
If the landlord does not give proper notice, enters for an improper reason, or makes unreasonable entry (or demands for entry) the landlord has violated Chicago tenants rights and the tenant has several remedies.
First, the tenant may get an order from a court that mandates the landlord stop unlawful activity. Second, the tenant may give notice and terminate the lease. Third, the tenant may assert a claim against the landlord for the greater of one month rent or actual financial harm suffered. In any instance, the tenant who hires a lawyer is also entitled to reasonable attorney’s fees.
To learn more about the rules regarding entries in Chicago, our dedicated article about a landlord entering a unit in Chicago can be found here.
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. If a landlord fails to maintain a rental unit, the landlord has violated Chicago tenants rights.
The list of examples of a failure to maintain the property is long, it includes:
- Not maintaining the structural integrity of the building;
- Not maintaining safe floors;
- Not maintaining enough sufficient and safe exits;
- Not maintaining a fire escape and stairways;
- Not having the required signage for fire escapes;
- Not providing smoke detectors, fire alarms and extinguishers when required;
- Not maintaining elevators;
- Not maintaining or providing a functioning toilet, sink, bathtub and shower/bath;
- Not maintaining heating facilities;
- Not maintaining any gas-fired appliances;
- Not providing heat;
- Not providing hot water;
- Not providing cold water;
- Not providing adequate hall and stairway lighting;
- Not maintaining the roof so it is substantially water-tight;
- Not maintaining the building so it is substantially protected against rodents;
- Not maintaining floors, ceilings and interior walls;
- Not maintaining windows, exterior doors and basement hatchways;
- Not maintaining or providing locks, security devices, deadbolt locks, sash locks and front door window or peepholes;
- Not providing screens in violation of code;
- Not maintaining stairways and porches in a safe condition;
- Not maintaining basements in a safe and sanitary condition;
- Not maintaining chimneys;
- Allowing stagnant water to accumulate;
- Not exterminating rodents, insects and other pests;
- Not providing or maintaining garbage facilities;
- Not preventing the accumulation of trash or debris;
- Not providing adequate light or ventilation;
- Not maintaining plumbing and appliances;
- Not maintaining electrical systems;
- Not maintaining equipment supplied by the landlord; or
- Not maintaining the unit and common areas in habitable condition.
Though the list of potential violations is long, it is not all encompassing. The reality is that landlords cannot let their property fall into disrepair and rent out slum-like property. The RLTO provides remedies to protect a Chicago tenants rights.
The remedies provided for violation of the duty to maintain the property are among the most complicated in the RLTO and all tenants should consult with an attorney before attempting to exercise their rights as landlords often seek to evict or sue tenants when they do.
If the landlord violates the duty to maintain, the tenant may:
Terminate. Give the landlord written notice of the acts or omissions that violate the RLTO or the lease and specifying that the lease will terminate 14 days after receipt of the notice if the landlord does not remedy the conditions. If the landlord does not fix the problem, the lease terminates and the tenant must vacate the unit within 30 days. The landlord must return prepaid rent, the security deposit and interest.
