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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.
SEE EXAMPLES OF
CASES
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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 |
5-12-095 Tenants'
Notification of Foreclosure Action
(a) Within seven (7) days
of being served a foreclosure complaint, as defined in 735 ILCS
5/15-1504, an owner or landlord of a premises that is the subject of the
foreclosure complaint shall disclose, in writing, to all tenants of the
premises that a foreclosure action has been filed against the owner or
landlord. An owner or landlord shall also disclose, in writing, the
notice of foreclosure to any other third party who has a consistent
pattern and practice of paying rent to the owner or landlord on behalf
of a tenant.
Before a tenant initially enters into a rental agreement for a dwelling
unit, the owner or landlord shall also disclose, in writing, that he is
named in a foreclosure complaint.
The written disclosure shall include the court in which the foreclosure
action is pending, the case name, and case number and shall include the
following language:
"This is not a notice to vacate the premise. This notice does not mean
ownership of the building has changed. All tenants are still responsible
for payment of rent and other obligations under the rental agreement.
The owner or landlord is still responsible for their obligations under
the rental agreement. You shall receive additional notice if there is a
change in owner."
(b) If the owner or landlord fails to comply with this section, the
tenant may terminate the rental agreement by written notice. The written
notice shall specify the date of termination no later than thirty (30)
days from the date of the written notice. In addition, if a tenant in a
civil legal proceeding against an owner or landlord establishes that a
violation of this section has occurred, he shall be entitled to recover
$200.00 in damages, in addition to any other damages or remedies that
the tenant may also be entitled. |
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Landlords
are getting foreclosed on all over these days. This
section, RLTO 5-12-095, requires a landlord to disclose any
pending foreclosure before taking any money or making a lease.
If they violate this rule, the penalty is $200.00. Because
most landlords do not know about this rule, and because $200.00
is the least of their worries if they are in foreclosure, most
landlords do not abide by this rule.
Therefore, the wise tenant must check for
themselves to see if there is a foreclosure pending against
their property before giving any money, or signing a lease.
This is tedious, especially for condo units where there is more
than a bank to worry about (the condo association might evict
the owner for being behind on paying assessments, even if the
mortgage is in good standing).
Having the landlord's foreclosure or eviction
status checked out before giving up money may be inconvenient
but is probably better than losing a deposit and first month's
rent. Getting money back from landlords of dubious
solvency is not likely.
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