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The
security deposit interest section of The
Chicago Residential
Landlord Tenant Ordinance (RLTO) has been
interpreted by the Illinois Supreme
Court to impose strict-liability upon violator
landlords. Other sections of the RLTO have also been interpreted by
Illinois courts in decisions mostly favorable to renters. For both
landlords and tenants, courts' interpretation of the RLTO has been
strict, confined to the letter of the law.
Chicago renters of town-homes, apartments, condos,
and single-family homes may email
attorney
Silverman
for a free
initial review of their Chicago rental situation and rights.
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SECTION
5-12-010
5-12-020
5-12-030
5-12-040
5-12-050
5-12-060
5-12-070
5-12-080
5-12-081
5-12-082
5-12-090
5-12-095
5-12-100
5-12-110
5-12-120
5-12-130
5-12-140
5-12-150
5-12-160
5-12-170
5-12-180
5-12-190
5-12-200
RATES
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TITLE
Title, Purpose and scope
Exclusions
Definitions
Tenant Responsibilities
Landlord's Right of Access
Remedies for Improper Denial of Access
Landlord's Responsibility to Maintain
Security Deposits
Interest Rate on Security Deposits
Interest Rate Notification
Identification of Owner and Agents
Tenants'
Notification of Foreclosure Action
Notice of Conditions Affecting Habitability
Tenant Remedies
Subleases
Landlord Remedies
Rental Agreement
Prohibition on Retaliatory Conduct by Landlord
Prohibition on Interruption of Tenant Occupancy by Landlord
Summary of Ordinance Attached to Rental Agreement
Attorney's Fees
Rights and Remedies Under Other Laws
Severability
Chicago's Security Deposit Interest
Rates |
5-12-030
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 the 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 by a tenant.
(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. |
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The definitions section
of the Chicago Municipal Code, Residential
Landlord and Tenant
Ordinance, defines landlords, rent, and
property very liberally.
(a) A "dwelling unit" is
not limited to the apartment or condo rented by the tenant.
The common areas, gym, laundry room, parking garage, and
mailboxes are all protected by the
RLTO. A landlord has a
duty to make certain disclosures about code violations affecting
the "dwelling unit" and common areas under
RLTO §
5-12-100(a).
Because of the broad scope of "dwelling unit" under this
section, a landlord's duty may extend to disclosure of code
violations affecting "appurtenant buildings" to the tenant's
building if those buildings are part of the same complex.
(b) A "landlord" need not
own the rental property. Agents and successors in interest
of apartment owners can be held liable as landlords under the
RLTO. This helps relieve tenants of the impossible burden
of discovering undisclosed owners.
RLTO §
5-12-090
makes an agent who signs a lease for an undisclosed landlord
liable as a landlord themselves.
(c) An "owner" is also
broadly defined under the RLTO to tenants' benefit. Anyone
who has just PART of the legal title to the property is an
"owner," and thus liable as a "landlord." This allows
tenants to sue one of many partners or trust beneficiaries for
return of the whole security deposit.
(d) A "person" under the
RLTO includes any legal entity, human or not.
(e) The "premises"
definition does not add much to the "dwelling unit" definition.
But because this term appears often in leases and other legal
documents like mortgages on rental properties, the explicit
definition is helpful.
(f) "Rent" is defined as
anything a landlord gets in exchange for letting the
tenant stay
in their apartment. This definition is very important.
Many Chicago tenants pay only a small fraction of their monthly
rent. The remainder is paid for them by the Chicago
Housing Voucher Choice Program (CHAC, Inc.). There are
sections of the RLTO that entitle tenants to damages equal to
one or two months' rent. Tenants of course want double
their full monthly rent, not just double the small portion that
they pay. Because the RLTO definition of "rent" focuses on
what the landlord gets, and not what the tenant gives, tenants
can leverage their full contract rent when seeking one or
two-months' rent damages.
(g) A "rental agreement"
does not have to be in writing.
(h) A "Tenant" means a
person entitled to stay in a rental property. Because no
written lease is required, a person can be a tenant without a
lease. |
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