Chicago Residential Landlord and Tenant Ordinance - RLTO

       

        SEE CHICAGO RLTO CASES

 

        SEE EXAMPLES OF VIOLATIONS

               - RLTO 060 unlawful entries

                    - RLTO 080 security deposits

                    - RLTO 100 code violations

                    - RLTO 140 illegal agreements

 
 

Security Deposit Law

 

       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.

 

 

 

 

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

 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.

   

     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.

    

 
 

 
 

Residential Landlord and Tenant Ordinance