Chicago Residential Landlord-Tenant Ordinance
Sections
Warning: This ordinance may be changed,
amended, or done away with, and no
representation is made as to the accuracy of the information as herein
provided, and you should consult with an attorney rather than relying
on this
information.
5-12-01
0
Title, Purpose and Scope
This chapter
shall be known and may be cited as the "Residential Landlord and Tenant
Ordinance", and shall be liberally construed and applied to promote its
purposes and policies.
It is the purpose
of this chapter and the policy of the city, in order to protect and
promote the
public health, safety and welfare of its citizens, to establish the
rights and
obligations of the landlord and the tenant in the rental of dwelling
units, and
to encourage the landlord and the tenant to maintain and improve the
quality of
housing.
This chapter
applies to, regulates and determines rights. obligations and remedies
under
every rental agreement entered into or to be performed after the
effective date
of is chapter for a dwelling unit located within the City of
5-12-02
0
Exclusions
Rental of the
following dwelling units shall not be governed by this chapter, unless
the
rental agreement thereof is created to avoid the application of this
chapter:
(a)Dwelling units
in owner-occupied building containing six units or less; provided,
however,
that the provisions of section
(b) Dwelling
units in hotels, motels, inns, tourist houses, rooming houses and
boardinghouses, but only until such time as the dwelling unit has been
occupied
by a tenant for 32 or more continuous days and tenant pays a monthly
rent,
exclusive of any period of wrongful occupancy contrary to agreement
with an
owner. Notwithstanding the above, the prohibition against interruption
of
tenant occupancy set forth in Section
(c)Housing
accommodations in any hospital, convent, monastery, extended care
facility,
asylum or not-for-profit home for the aged, temporary overnight
shelter,
transitional shelter, or in a dormitory owned and operated by an
elementary
school, high school or institution of higher learning.
(d)A dwelling
unit that is occupied by a purchaser pursuant to a real estate purchase
contract prior to e transfer of title to such property to such
purchaser, or by
a seller of property pursuant to a real estate purchase contract
subsequent to
the transfer of title from such seller.
(e)A dwelling
unit occupied by an employee of a landlord whose right to occupancy is
conditional
upon employment in or about the premises; and
(f)
A dwelling unit in a cooperative occupied by a holder of a proprietary
lease.
(Prior code § 193.1-2; Added. Council Journal of Proceedings,
5-12-03
0
Definitions
Whenever used in
this chapter, the following words and phrases shall have the following
meanings:
(a)"Dwelling
unit" means a structure or the part of a structure that is used as a
home,
residence or sleeping place by one or more persons who maintain a
household, together
with common areas, land and appurtenant buildings thereto, and all
housing
services, privileges, furnishings and facilities supplied in connection
with
the use or occupancy thereof, including garage and parking facilities.
(b)"Landlord"
means the owner, agent, lessor or sublessor, or the successor In
interest of
any of them, of a dwelling unit or the building of which it is part.
(c)"Owner"
means one or more persons, jointly or severally, in whom is vested all
or part
of the legal title to property, or all or part of the beneficial
ownership and
a right to present use and enjoyment of the premises, including a
mortgagee in
possession.
(d)
"Person" means an individual, corporation, government, governmental
subdivision or agency, business trust, estate, trust, partnership or
association or any other legal or commercial entity.
(e)"Premises"
means the dwelling unit and the structure of which it is a part, and
facilities
and appurtenances therein, and grounds, areas and facilities held out
for the
use of tenants.
(f)
"Rent" means any consideration, including any payment, bonus,
benefits or gratuity, demanded or received by a landlord for or in
connection
with the use or occupancy of a dwelling unit.
(g)"Rental
agreement" means all written or oral agreements embodying the terms and
conditions concerning the use and occupancy of a dwelling unit.
(h)"Tenant"
means a person entitled by written or oral agreement, subtenancy
approved by
the landlord or by sufferance, to occupy a dwelling unit to the
exclusion of
others. (Prior code § 193.1-3; Added. Council Journal of Proceedings,
5-12-04
0
Tenant Responsibilities
Every tenant
must:
(a)Comply with
all obligations imposed specifically upon tenants by provisions of the
municipal code applicable to dwelling units;
(b)Keep that part
of the premises that he occupies and uses as safe as the condition of
the
premises permits;
(c)Dispose of all
ashes, rubbish, garbage and other waste from his dwelling unit in a
clean and
safe manner;
(d)Keep all
plumbing fixtures in the dwelling unit or used by the tenants as clean
as their
condition permits;
(e)Use in a
reasonable manner all electrical, plumbing, sanitary, heating,
ventilating, air
conditioning and other facilities and appliances, including elevators,
in the
premises;
(f)Not
deliberately or negligently destroy, deface, damage, impair or remove
any part
of the premises or knowingly permit any person on the premises with his
consent
to do so; and,
(g)Conduct
himself and require other persons on the premises with his consent to
conduct
themselves in a manner that will not disturb his neighbor's peaceful
enjoyment
of the premises. (Prior code § 193.1-4; Added. Council Journal of
Proceedings,
5-12-05
0
Landlord's Right of Access
A tenant shall
not unreasonably withhold consent to the landlord to enter the dwelling
unit:
a)To make
necessary or agreed repairs, decorations, alterations or improvements;
(b)To supply
necessary or agreed services;
(c)To conduct
inspections authorized or required by any government agency;
(d)To exhibit the
dwelling unit to prospective or actual purchasers, mortgagees, workmen
or
contractors;
(e)To exhibit the
dwelling unit to prospective tenants 60 days or less prior to the
expiration of
the existing rental agreement;
(f) For practical
necessity where repairs or maintenance elsewhere in the building
unexpectedly
require such access;
(g)To determine a
tenant's compliance with provisions in the rental agreement; and
(h)In case of
emergency-
The landlord
shall not abuse the right of access or use it to harass the tenant.
Except in
cases where access is authorized by subsection (f) or (h) of this
section, the
landlord shall give the tenant notice of the landlord's intent to enter
of no
loss than two days. Such notice shall be provided directly to each
dwelling
unit by mail, telephone, written notice to the dwelling unit or by
other
reasonable means designed in good faith to provide notice to the
tenant. If
access is required because of repair work or common facilities or other
apartments, a general notice may be given by the landlord to all
potentially
affected tenants that entry ma be required. In cases where access is
authorized
by subsection (f) or (h) of this section. the landlord may enter the
dwelling
unit without notice or consent of the tenant. The landlord shall give
the
tenant notice of such entry within two days after such entry.
The landlord may
enter only at reasonable times except in case of an emergency. An entry
between
5-12-06
0
Remedies for Improper Denial of
Access
If the tenant refuses
to allow lawful access, the landlord may obtain injunctive relief to
compel
access or terminate the rental agreement pursuant to Section
If
the landlord makes an unlawful entry or a lawful entry in an
unreasonable
manner or makes repeated unreasonable demands for entry otherwise
lawful, but
which have the effect of harassing the tenant, the tenant may obtain
injunctive
relief to prevent the recurrence of the conduct, or terminate the
rental
agreement pursuant to the notice provisions of Section
5-12-07
0
Landlord's Responsibility to
Maintain
The landlord
shall maintain the premises in compliance with all applicable
provisions of the
municipal code and shall promptly make any and all repairs necessary to
fulfill
this obligation. ( Prior code §193.1-7; Added. Council Journal of
Proceedings,
5-12-08
0
Security Deposits
(a)A landlord
shall hold all security deposits received by him in a federally insured
interest-bearing
account in a bank, savings and loan association or other financial
institution
located in the State of
(b)Any landlord
or landlord's agent who receives a security deposit from a tenant or
prospective tenant shall give said tenant or prospective tenant at the
time of
receiving such security deposit 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 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
security deposit.
(c)A landlord who
holds a security deposit or prepaid rent pursuant to this section for
more than
six months, after the effective date of this chapter shall pay interest
to the
tenant accruing from the beginning date of the rental term specified in
the
rental agreement at the rate determined in accordance with Section
(d)The landlord
shall, within 45 days after the date that the tenant vacates the
dwelling unit
or within 7 days after the date that the tenant provides notice of
termination
of the rental agreement pursuant to Section
(1)Any
unpaid rent which has not been validly withheld or deducted pursuant to
state
or federal law or local ordinance; and,
(2)A reasonable amount necessary
to repair any damage
caused to the premises by the tenant or any person under the tenant's
control
or on premises with the tenant's consent, reasonable wear and tear
excluded. In
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, or actual 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 ate the statement showing estimated cost was furnished
to the
tenant.
(e)In the event
of a sale, lease, transfer or other direct or indirect disposition of
residential real property, other than to the holder of a lien interest
in such
property, by a landlord who has received a security deposit or prepaid
rent from
a tenant, the successor landlord of such property shall be liable to
that
tenant for any security deposit, including statutory interest, or
prepaid rent
which the tenant as paid to the transferor.
The successor
landlord shall, within 10 days from the date of such transfer, notify
the
tenant who made such security deposit by delivering or mailing to the
tenant's
last known address that such security deposit was transferred to the
successor
landlord and that the successor landlord is holding said security
deposit. Such
notice shall also contain the successor landlord's name, business
address, and
business telephone number of the successor landlord's agent, if any.
The notice
shall be in writing.
The transferor
shall remain jointly and severally liable with the successor landlord
to the
tenant or such security deposit or prepaid rent, unless and until such
transferor transfers said security deposit or prepaid rent to the
successor
landlord and provides notice, in writing, to the tenant of such
transfer of
said security deposit or prepaid rent, specifying the name, business
address
and business telephone number of the successor landlord or his agent
within 10
days of transfer.
(f)
If the landlord or landlord's agent fails to comply with any provision
of
Section
Interest
on Security Deposits
5-12-08
1
Interest Rate on Security
Deposits
During June of
1997 and thereafter during December of each year, the city comptroller
shall
review the status of banks within the city and interest rates on
passbook
savings accounts, insured money market accounts and six-month
certificates of
deposit at commercial banks located within the city. On the first
business day
of July of 1997, and thereafter on the first business day of each year,
the
city comptroller shall announce the rates of interest as of the last
business
day of the prior month, on passbook savings accounts, insured money
market
accounts and six month certificates of deposit at the commercial bank
having
its main branch located in the city and having the largest total asset
value.
The rates for money market account shall be based on the minimum
deposits for
such investments. The rates for certificates of deposit shall be based
on a
deposit of $1000. The comptroller shall calculate and announce the
average of
all three rates. The average of these rates so announced by the city
comptroller shall be the rate of interest on security deposits under
rental
agreements governed by this chapter and made or renewed after the most
recent
announcement. (Amendment effective
5-12-08
2
Interest Rate Notification
The city
comptroller, after computing the rate of interest on security deposit
governed
by this chapter, shall cause the new rate of security deposit interest
to be
published for five consecutive business days in two or more newspapers
of
general circulation in the city. The mayor shall direct the appropriate
city department
to prepare and publish for free public distribution at government
offices,
libraries, schools and community organizations, a pamphlet or brochure
describing the respective rights, obligations and remedies of landlords
and
tenants with respect to security deposits, including the new interest
rate as
well as the interest rate for each of the prior two years. The
commissioner
shall also distribute the new rate of security deposit interest, as
well as the
interest eate for each of the prior two years, through public service
announcements to all radio and television outlets broadcasting in the
city.
(Amendment effective
5-12-09
0
Identification of Owners and
Agents
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 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.
A person who
enters into a rental agreement and fails to comply with the
requirements of
this section becomes an agent of the landlord or the purpose of (i)
service of
process and receiving and receipting for notices and demands and (ii)
performing the obligations of the landlord under this chapter under the
rental
agreement.
The information required
to be furnished by this section shall be kept current and this section
extends
to and is enforceable against any successor landlord, owner, or manager.
If the landlord
fails to comply with this section, the tenant may terminate the rental
agreement
pursuant to the notice provisions of Section
5-12-10
0 Notice of Conditions Affecting
Habitability.
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 his behalf
shall
disclose to the tenant in writing:
(a)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 compliance board
proceeding
pursuant to Chapter 13-8-070 of the municipal code affecting the
dwelling unit
or common area. The notice shall provide the case number of the
litigation
landlord the identification number of the compliance board preceding
and a
listing of any code violations cited.
(b)Any
notice of intent by the City of
5-12-11
0 Tenants Remedies.
In addition to
any remedies provided under federal law, a tenant shall have the
remedies
specified in is section under the circumstances herein set forth.
For purposes of
this section, material noncompliance with Section
·
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
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 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 and 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 dead latch locks, deadbolt
locks,
sash or ventilation locks, and front door windows or peep holes;
·
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
conditions;
·
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 e;
·
Failure to
maintain plumbing facilities, piping. fixtures, appurtenances and
appliances in
go operating condition and repair;
·
Failure to
provide or maintain electrical 5 stems, 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.
(a) Noncompliance
by Landlord. If there is material noncompliance by the landlord with a
rental
agreement or with Section
(b)Failure to
Deliver Possession. If the landlord fails to deliver possession of the
dwelling
unit to the tenant in compliance with the residential rental agreement
or
Section
(1)Upon
written notice to the landlord, terminate the rental agreement and upon
termination the landlord shall return all prepaid rent and security; or
(2)Demand
performance of the rental agreement by the landlord and, if the tenant
elects,
maintain an action for possession of the dwelling unit against the
landlord or
any person wrongfully in possession and recover the damages
substantiated by
him.
If a person's
failure to deliver possession is willful, an aggrieved person may
recover from
the person withholding possession an amount not more than two months'
rent or
twice the actual damages sustained by him, whichever is greater.
(c)Minor Defects.
If there is material noncompliance by the landlord with the rental
agreement or
with Section
Before correcting
a condition affecting facilities shared by more than one dwelling unit,
the
tenant shall notify all other affected tenants and shall-cause the work
to be
done so as to create the least practical inconvenience to the other
tenants.
Nothing herein shall be deemed to grant any tenant any right to repair
any
common element or dwelling unit in a building subject to a condominium
regime
other than in accordance with the declaration and bylaws of such
condominium
building; provided, that the declaration and bylaws have not been
created to
avoid the application of this chapter.
For purposes of
mechanics' lien laws, repairs performed or materials furnished pursuant
to this
subsection shall not be construed as having been performed or furnished
pursuant to authority of or with permission of the landlord.
(d)Failure to
Maintain. If there is material noncompliance by the landlord with the
rental
agreement or with Section
(e)Damages and
Injunctive Relief. If there is material noncompliance by the landlord
with the
rental agreement or with Section
(f)Failure to
Provide Essential Services. If there is material noncompliance by the
landlord
with the rental agreement or with Section
(1)Procure
reasonable amounts of heat, running water, hot water, electricity, gas
or
plumbing service, as the case may be and upon presentation to the
landlord of
paid receipts deduct their cost from the rent; or
(2)Recover
damages based on the reduction in the fair rental value of the dwelling
unit;
or
(3)Procure
substitute housing, in which case the tenant is excused from paying
rent for
the period of the landlord's noncompliance. The tenant may recover the
cost of
the reasonable value of the substitute housing up to an amount equal to
the
monthly rent for each month or portion thereof of noncompliance as
prorated.
In
addition to the remedies set forth in Section
(4)Withhold
from the monthly rent an amount that reasonably reflects the reduced
value of
the premises due to the material noncompliance or failure if the
landlord fails
to correct the condition within 24 hours after being notified by the
tenant;
provided, however, that no rent shall be withheld if the failure is due
to the
inability of the utility provider to provide service; or
(5)Terminate
the rental agreement by written notice to the landlord if the material
noncompliance or failure persists for more than 72 hours after the
tenant has
notified the landlord of the material noncompliance or failure;
provided,
however, that no termination shall be allowed if the failure is due to
the
inability of the utility provider to provide service. If the rental
agreement is
terminated, the landlord shall return all prepaid rent, security
deposits and
interest thereon in accordance with Section
If
the tenant proceeds under this subsection (f), he may not proceed under
subsection
(c) or (d). The tenant may not exercise his rights under this
subsection if the
condition was caused by the deliberate or negligent act or omission of
the
tenant, a member of his family, or other person on the premises with
his
consent. 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.
(g)Fire or
Casualty Damage. If the dwelling unit or common area 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
(1)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 the fire
or
casualty; or
(2)If
continued occupancy is lawful, 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 reduction in the fair rental value of
the
dwelling unit; or,
(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, notify the landlord in writing within 14 days after the tenant
becomes
aware that the 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.
If
the rental agreement is terminated under this subsection (g) the
landlord shall
return all security and all prepaid rent in accordance with Section
5-12-12
0 Subleases
If the tenant
terminates the rental agreement prior to its expiration date, except
for cause
authorized by this chapter, the landlord shall make a good faith effort
to
re-rent the tenant's dwelling unit at a fair rental, which shall be the
rent
charged for comparable dwelling units in the premises or in the same
neighborhood. The landlord shall accept a reasonable sublease proposed
by the tenant
without an assessment of additional fees or charges.
If the landlord
succeeds in re-renting the dwelling unit at a fair rental, the tenant
shall be
liable for the amount by which the rent due from the date of premature
termination to the termination of the initial rental agreement exceeds
the fair
rental subsequently received by the landlord from the date of premature
termination to the termination of the initial rental agreement.
If
the landlord makes a good faith effort to re-rent the dwelling unit at
a fair
rental and is unsuccessful, the tenant shall be liable for the rent due
for the
period of the rental agreement. The tenant shall also be liable for the
reasonable advertising costs incurred by the landlord in seeking to
re-rent the
dwelling unit. (Prior code § 193.1-12; Added. Council Journal of
Proceedings,
5-12-13
0 Landlord Remedies
Every landlord
shall have the remedies specified in this section for the following
circumstances:
(a)Failure to Pay
Rent. If all or any portion of rent is unpaid when due and the tenant
fails to
pay the unpaid rent within five days after written notice by the
landlord of
his intention to terminate the rental agreement if rent is not so paid,
the
landlord may terminate the rental agreement. Nothing in this subsection
shall
affect a landlord's obligation to provide notice of termination of
tenancy in
subsidized housing as required under federal law or regulations. A
landlord may
also maintain an action for rent and/or damages without terminating the
rental
agreement.
(b)Noncompliance
by Tenant. If there is material noncompliance by a tenant with a rental
agreement or with Section
(c)Failure to
Maintain. If there is material noncompliance by the tenant with Section
(d)Disturbance of
Others. If the tenant violates Section
5-12-040(g) within 60 days all receipt of a written notice as provided
in
subsection (b), the landlord may obtain injunctive relief against the
conduct
constituting the violation, or may terminate the rental agreement on 10
days'
written notice to the tenant.
(e)Abandonment.
Abandonment of the dwelling unit shall be deemed to have occurred when:
(1)Actual
notice has been provided to the landlord by the tenant indicating the
tenant's
intention not to return to the dwelling unit; or
(2)All
persons entitled under a rental agreement to occupy the dwelling unit
have been
absent from the unit for a period of 21 days or for one rental period
when the
rental agreement is for less than a month, and such persons have
removed their
personal property from the premises, and rent for that period is
unpaid; or
(3)All
persons entitled under a rental agreement to occupy the dwelling unit
have been
absent from the unit for a period of 32 days, and rent for that period
is
unpaid.
Notwithstanding
the above, abandonment of the dwelling unit shall not be deemed to have
occurred if any person entitled to occupancy has provided the landlord
a
written notice indicating that he still intends to occupy the unit and
makes
full payment of all amounts due to the landlord.
If
the tenant abandons the dwelling unit, the landlord shall make a good
faith
effort to re-rent it at a fair rental, which shall be the rent charged
for
comparable dwelling units in the premises or in the same neighborhood.
If the
landlord succeeds in re-renting the dwelling unit at a: air rental, the
tenant
shall be liable for the amount by which the rent due from the date of
abandonment to the termination of the initial rental agreement exceeds
the fair
rental subsequently received by the landlord from the date of
abandonment to
the termination of the initial rental agreement. If the landlord makes
a good
faith effort to re-rent the dwelling unit at a fair rental and is
unsuccessful,
the tenant shall be liable for the rent due for the period of the
rental
agreement. The tenant shall also be liable for the reasonable
advertising
expenses and reasonable redecoration costs incurred by the landlord
pursuant to
this subsection.
(f)Disposition of
Abandoned Property. If the tenant abandons the dwelling unit as
described in
subsection (e) hereof, or fails to remove his personal property from
the
premises after termination of a rental agreement, the landlord shall
leave the
property in the dwelling unit or remove and store all abandoned
property from
the dwelling unit and may dispose of the property after seven days.
Notwithstanding the foregoing, if the landlord reasonably believes such
abandoned property to be valueless or of such little value that the
cost of
storage would exceed the amount that would be realized from sale, or if
such
property is subject to spoilage, the landlord may immediately dispose
of such
property.
(g)Waiver of
Landlord's Right to Terminate. If the landlord accepts the rent due
knowing
that them is a default in payment of rent by the tenant he thereby
waives his
right to terminate the rental agreement for that breach.
(h)Remedy After
Termination. If the rental agreement is terminated, the landlord shall
have a
claim for possession and/or for rent. (Prior code § 193.1-13; Added.
Council
Journal of Proceedings,
(i)Notice of
Renewal of Rental Agreement. No tenant shall be required to renew a
rental
agreement more than ninety (90) days prior to the termination date of
the rental
agreement. If the landlord violates this subsection, the tenant shall
recover
one month's rent or actual damages, whichever is greater.
(j)Notice of
Refusal to Renew Rental Agreement. Provided that the landlord has not
exercised, or is not in the process of exercising, any of on
5-12-14
0 Rental Agreement
Except as
otherwise specifically provided by this chapter, no rental agreement
may
provide that the landlord or tenant:
(a)Agrees to
waive or forego rights, remedies or obligations provided under this
chapter;
(b)Authorizes any
person to confess judgment on a claim arising out of the rental
agreement;
(c)Agrees to the
limitation of any liability of the landlord or tenant arising under law;
(d)Agrees to
waive any written termination of tenancy notice or manner of service
thereof
provided under state law or this chapter;
(e)Agrees to
waive the right of any party to a trial by jury;
(f)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;
(g)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;
(h)Agrees that a
tenant shall pay a charge, fee or penalty in excess of $10.00 per month
for the
first $500.00 in monthly rent plus 5% per month for any amount in
excess of
$500.00 in monthly rent for the late payment of rent;
(i)Agrees that,
if a tenant pays rent before a specified date or within a specified
time period
in the month, the tenant shall receive a discount or reduction in the
rental
amount in excess of $10-00 per month for the first $500.00 in monthly
rent plus
5% per month for any amount in excess of $500.00 in monthly rent.
A provision
prohibited by this section included in a rental agreement is
unenforceable.
The tenant may
recover actual damages sustained by the tenant because of the
enforcement of a
prohibited provision. If the landlord attempts to enforce a provision
in a
rental agreement prohibited by this section the tenant may recover two
months'
rent. Prior code § 193.1-14; Added. Council Journal of Proceedings,
5-12-15
0 Prohibition On Retaliatory
Conduct By
Landlord.
It is declared to
be against public policy of the City of
(a)Complained of
code violations applicable to the premises to a competent governmental
agency,
elected representative or public official charged with responsibility
for
enforcement of a building, housing, health or similar code; or
(b)Complained of
a building, housing, health or similar code violation or an illegal
landlord
practice to a community organization or the news media; or,
(c)Sought the
assistance of a community organization or the news media to remedy a
code
violation or illegal landlord practice; or,
(d)Requested the
landlord to make repairs to the premises as required by a building
code, health
ordinance, other regulation, or the residential rental agreement; or,
(e)Becomes a
member of a tenant's union or similar organization; or
(f)Testified in
any court or administrative proceeding concerning the condition of the
premises; or
(g)Exercised any
right or remedy provided by law.
If the landlord
acts in violation of this section, the tenant has a defense in any
retaliatory
action against him for possession and is entitled to the following
remedies: he
shall recover possession or terminate the rental agreement and, in
either case,
recover an amount equal to and not more than two months' rent or twice
the
damages sustained by him, whichever is greater, and reasonable
attorney's fees.
If the rental agreement is terminated, the landlord shall return all
security
and interest recoverable under Section
5-12-16
0 Prohibition On Interruption Of
Tenant
Occupancy By Landlord.
It is unlawful
for any landlord or any person acting at his direction knowingly to
oust or
dispossess or threaten or attempt to oust or dispossess any tenant from
a
dwelling unit without authority of law, by plugging, changing, adding
or
removing any lock or latching device; or by blocking any entrance into
said
unit; or by removing any door or window from said unit; or by
interfering with
the services to said unit; including but not limited to electricity,
gas, hot
or cold water, plumbing, heat or telephone service; or by removing a
tenant's
personal property from said unit; or by the removal or incapacitating
of
appliances or fixtures, except for the purpose of making necessary
repairs; or
by the use or threat of force, violence or injury to a tenant's person
or
property; or by any act rendering a dwelling unit or any part thereof
or any personal
property located therein inaccessible or uninhabitable. The foregoing
shall not
apply where:
(a)A landlord
acts in compliance with the laws of
(b)A landlord
acts in compliance with the laws of
(c)A landlord
interferes temporarily with possession only as necessary to make needed
repairs
or inspection and only as provided by law; or
(d)The tenant has
abandoned the dwelling unit, as defined in Section
Whenever a
complaint of violation of this provision is received by the Chicago
Police
Department, the department shall investigate and determine whether a
violation
has occurred. Any person found guilty of violating this section shall
be fined
not less than $200.00 nor more than $500.00, and each day that such
violation
shall occur or continue shall constitute a separate and distinct
offense for
which a fine as herein provided shall be imposed. If a tenant in a
civil legal
proceeding against his landlord establishes that a violation of this
section
has occurred he shall be entitled to recover possession of his dwelling
unit or
personal property and shall recover an amount equal to not more than
two
months' rent or twice the actual damages sustained by him, whichever is
greater. A tenant may pursue any civil remedy for violation of this
section
regardless of whether a fine has been entered against the landlord
pursuant to
this section. (Prior code § 193.1-16; Added. Council Journal of
Proceedings,
5-12-17
0 Summary Of Ordinance Attached To Rental Agreement.
The commissioner of the
department of housing shall
prepare a summary of this chapter, describing the respective rights,
obligations and remedies of landlords and tenants hereunder, and shall
make
such summary available for public inspection and copying. The
commissioner
shall also, after the city comptroller has announced the rate of
interest on
security deposits on the first business day of the year, prepare a
separate
summary describing the respective rights, obligations and remedies of
landlords
and tenants with respect to security deposits, including the new
interest rate as
well as the rate for each of the prior two years. The commissioner
shall also
distribute the new rate of security deposit interest, as well as the
rate for
each of the prior two years, through public service announcements to
all radio
and television outlets broadcasting in the city. A copy of such summary
shall
be attached to each written rental agreement when any such agreement is
initially offered to any tenant or prospective tenant by or on behalf
of a
landlord and whether such agreement is for a new rental or a renewal
thereof.
Where there is an oral agreement, the landlord shall give to the tenant
a copy
of the summary.
The summary shall include the
following language:
"The porch or deck of this
building should be
designed for a live load of up to 100 pounds, per square foot and is
safe only
for its intended use. Protect your safety. Do not overload the porch or
deck.
If you have questions about porch or deck safety, call the City of
If the landlord acts in
violation of this section,
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
shall be
entitled to recover $100.00 in damages. (Prior code § 193.1-17; Added.
Council
Journal of Proceedings,
5-12-18
0 Attorney's Fees
Except
in cases of forcible entry and detainer actions, the prevailing
plaintiff in
any action arising out of a landlord's or tenant's application of the
rights or
remedies made available in this ordinance shall be entitled to all
court costs
and reasonable attorney's fees; provided, however, that nothing herein
shall be
deemed or interpreted as precluding the awarding of attorney's fees in
forcible
entry and detainer actions in accordance with applicable law or as
expressly
provided in this ordinance.
5-12-19
0 Rights and Remedies Under
Other Laws
To
the extent that this chapter provides no right or remedy in a
circumstance, the
rights and remedies available to landlords and tenants under the laws
of the
State of
5-12-20
0 Severability
If any
provision, clause, sentence,
paragraphs section, or part of this chapter or application thereof to
any
person or circumstance, shall for any reason be -adjudged by a court of
competent Jurisdiction to be unconstitutional or invalid, said judgment
shall
not affect, impair or invalidate the remainder of this chapter and the
application of such provision to other persons or circumstances, but
shall be
confined in its operation to the provision, clause, sentence Paragraph,
section, or part thereof directly involved in the controversy in have
been
rendered and to the person and circumstances (Prior code 193.1- 19;
Added.
Council Journal of Proceedings,
Interest rate
for the period from
Interest rate
for the period from
Interest rate
for the period from
Interest rate
for the period from
Interest rate
for the period from
Interest rate
for the period from
Interest rate
for the period from
Interest rate
for the period from
Interest rate
for the period from
Interest rate
for the period from
Interest rate
for the period from
1995 and 1996
security deposit interest rate
|
1.68%
1.71%
1.01%
0.42%
0.52%
0.83%
3.10%
2.71%
2.63%
3.38%
3.42%
5.00%
|