Chicago Residential Landlord and Tenant Ordinance - RLTO

       

        SEE CHICAGO RLTO CASES

 

       

 
 

Security Deposit 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.

 

 

SEE EXAMPLES OF CASES

 

 

 

 

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
Summary of Ordinance Attached to Rental Agreement
Attorney's Fees
Rights and Remedies Under Other Laws
Severability

 

Chicago's Security Deposit Interest Rates

5-12-140  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 five percent 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 five percent 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.

      

     This section of the RLTO outlines what Chicago leases covered by the RLTO cannot contain.  Under RLTO 140, if a landlord just ATTEMPTS to enforce a provision prohibited by this section, the tenant is entitled to recover damages equal to two-months' rent.  This section is very serious.

     Subsection (a) is a blanket provision that opens all kinds of possibilities to tenants seeking to recover exemplary damages against their landlords.   This subsection makes illegal all lease provisions that waive tenants rights under ANY other section of the entire RLTO.

 

     The most popular subsection under RLTO 140 is (h), which prescribes the formula for late rent fees (or early payment bonuses).  Some are legal, some are not.  It depends on the amount of rent.  The following chart only addresses the specifically identified rent amounts, as reference-points, and should not be relied on for computing late fees.  Consult an attorney.

RENT AMOUNT

MAXIMUM LEGAL LATE FEE

$500 $10.00

     If a tenant has an unlawfully excessive late fee in their lease, this section literally reads that the whole illegal-late fee provision is unenforceable and no late fee is allowed.  A Chicago landlord's attempt to enforce the illegal late fee entitles the tenant to damages of two-months' rent.

 
 

 
 

Residential Landlord and Tenant Ordinance