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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 |
5-12-095 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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In
response to the "Credit Crunch" and massive wave of
foreclosures, city council enacted this amendment to the RLTO in
October, 2008.
This
section requires landlords to disclose to tenants AND whoever is
paying rent on behalf of their tenants (like CHAC or Catholic
Charities, for example) that they are being foreclosed on.
This notice must be given within 7 days of the landlord being
served with the summons in the foreclosure case, or, before a
tenant enters into a rental agreement for a unit (if the
landlord was already served in a pending foreclosure).
If
the landlord fails to comply with these notice requirements, the
tenant can recover $200 against the landlord (good luck
collecting it) and terminate their lease on short notice of no
more than 30 days, in writing.
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