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CHAPTER 5-12 -
RESIDENTIAL LANDLORDS AND TENANTS
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5-12-010
Title, purpose and scope.
5-12-020
Exclusions.
5-12-030
Definitions.
5-12-040
Tenant responsibilities.
5-12-050
Landlord’s right of access.
5-12-060
Remedies for improper denial of access.
5-12-070
Landlord’s responsibility to maintain.
5-12-080
Security deposits.
5-12-081
Interest rate on security deposits.
5-12-082
Interest rate notification.
5-12-090
Identification of owner and agents.
5-12-100
Notice of conditions affecting habitability.
5-12-110
Tenant remedies.
5-12-120
Subleases.
5-12-130
Landlord remedies.
5-12-140
Rental agreement.
5-12-150
Prohibition on retaliatory conduct by landlord.
5-12-160 Prohibition on
interruption of tenant occupancy by
landlord.
5-12-170
Summary of ordinance attached to rental agreement.
5-12-180
Attorney’s fees.
5-12-190
Rights and remedies under other laws.
5-12-200
Severability.
5-12-010 Title, purpose and scope.
This chapter
shall be known and may be cited as the “Residential Landlord
and Tenant Ordinance”, and shall be liberally construed and
applied to promote its purposes and policies.
It is the purpose
of this chapter and the policy of the city, in order to
protect and promote the public health, safety and welfare of
its citizens, to establish the rights and obligations of the
landlord and the tenant in the rental of dwelling units, and
to encourage the landlord and the tenant to maintain and
improve the quality of housing.
This chapter
applies to, regulates and determines rights, obligations and
remedies under every rental agreement for a dwelling unit
located within the City of Chicago, regardless of where the
agreement is made, subject only to the limitations contained
in Section 5-12-020. This chapter applies specifically to
rental agreements for dwelling units operated under subsidy
programs of agencies of the United States and/or the State
of Illinois, including specifically programs operated or
subsidized by the Chicago Housing Authority and/or the
Illinois Housing Development Authority to the extent that
this chapter is not in direct conflict with statutory or
regulatory provisions governing such programs.
(Prior code § 193.1-1;
Added Coun. J. 9-8-86, p. 33771; Amend Coun. J. 11-6-91, p.
7196; Amend Coun. J. 3-31-04, p. 20916, § 3.22)
5-12-020 Exclusions.
Rental of the
following dwelling units shall not be governed by this
chapter, unless the rental agreement thereof is created to
avoid the application of this chapter:
(a) Dwelling
units in owner-occupied buildings containing six units or
less; provided, however, that the provisions of Section
5-12-160 shall apply to every rented dwelling unit in such
buildings within the City of Chicago;
(b) Dwelling
units in hotels, motels, inns, bed- and-breakfast
establishments, roominghouses and boardinghouses, but only
until such time as the dwelling unit has been occupied by a
tenant for 32 or more continuous days and tenant pays a
monthly rent, exclusive of any period of wrongful occupancy
contrary to agreement with an owner. Notwithstanding the
above, the prohibition against interruption of tenant
occupancy set forth in Section 5-12-160 shall apply to every
rented dwelling unit in such buildings within the City of
Chicago. No landlord shall bring an action to recover
possession of such unit, or avoid renting monthly in order
to avoid the application of this chapter. Any willful
attempt to avoid application of this chapter by an owner may
be punishable by criminal or civil actions;
(c) Housing
accommodations in any hospital, convent, monastery, extended
care facility, asylum or not-for-profit home for the aged,
temporary overnight shelter, transitional shelter, or in a
dormitory owned and operated by an elementary school, high
school or institution of higher learning;
(d) A
dwelling unit that is occupied by a purchaser pursuant to a
real estate purchase contract prior to the transfer of title
to such property to such purchaser, or by a seller of
property pursuant to a real estate purchase contract
subsequent to the transfer of title from such seller;
(e) A
dwelling unit occupied by an employee of a landlord whose
right to occupancy is conditional upon employment in or
about the premises; and
(f) A
dwelling unit in a cooperative occupied by a holder of a
proprietary lease.
(Prior code § 193.1-2;
Added Coun. J. 9-8-86, p. 33771; Corrected. 9-12-86, p.
33919; Amend Coun. J. 11-6-91, p. 7196; Amend Coun. J.
9-4-03, p. 7118, § 8)
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.
(Prior code § 193.1-3;
Added Coun. J. 9-8-86, p. 33771; Corrected. 9-12-86, p.
33919; Amend Coun. J. 11-6-91, p. 7196)
5-12-040 Tenant responsibilities.
Every tenant
must:
(a) Comply
with all obligations imposed specifically upon tenants by
provisions of the municipal code applicable to dwelling
units;
(b) Keep that
part of the premises that he occupies and uses as safe as
the condition of the premises permits;
(c) Dispose
of all ashes, rubbish, garbage and other waste from his
dwelling unit in a clean and safe manner;
(d) Keep all
plumbing fixtures in the dwelling unit or used by the tenant
as clean as their condition permits;
(e) Use in a
reasonable manner all electrical, plumbing, sanitary,
heating, ventilating, air conditioning and other facilities
and appliances, including elevators, in the premises;
(f) Not
deliberately or negligently destroy, deface, damage, impair
or remove any part of the premises or knowingly permit any
person on the premises with his consent to do so; and
(g) Conduct
himself and require other persons on the premises with his
consent to conduct themselves in a manner that will not
disturb his neighbors peaceful enjoyment of the premises.
(Prior code § 193.1-4;
Added Coun. J. 9-8-86, p. 33771; Amend Coun. J. 11-6-91, p.
7196)
5-12-050 Landlord’s right of access.
A tenant shall
not unreasonably withhold consent to the landlord to enter
the dwelling unit:
(a) To make
necessary or agreed repairs, decorations, alterations or
improvements;
(b) To supply
necessary or agreed services;
(c) To
conduct inspections authorized or required by any government
agency;
(d) To
exhibit the dwelling unit to prospective or actual
purchasers, mortgagees, workmen or contractors;
(e) To
exhibit the dwelling unit to prospective tenants 60 days or
less prior to the expiration of the existing rental
agreement;
(f) For
practical necessity where repairs or maintenance elsewhere
in the building unexpectedly require such access;
(g) To
determine a tenant’s compliance with provisions in the
rental agreement; and
(h) In case
of emergency.
The landlord
shall not abuse the right of access or use it to harass the
tenant. Except in cases where access is authorized by
subsection (f) or (h) of this section, the landlord shall
give the tenant notice of the landlord’s intent to enter of
no less than two days. Such notice shall be provided
directly to each dwelling unit by mail, telephone, written
notice to the dwelling unit, or by other reasonable means
designed in good faith to provide notice to the tenant. If
access is required because of repair work for common
facilities or other apartments, a general notice may be
given by the landlord to all potentially affected tenants
that entry may be required. In cases where access is
authorized by subsection (f) or (h) of this section, the
landlord may enter the dwelling unit without notice or
consent of the tenant. The landlord shall give the tenant
notice of such entry within two days after such entry.
The landlord may
enter only at reasonable times except in case of an
emergency. An entry between 8:00 a.m. and 8:00 p.m. or at
any other time expressly requested by the tenant shall be
presumed reasonable.
(Prior code § 193.1-5;
Added Coun. J. 9-8-86, p. 33771; Amend Coun. J. 11-6-91, p.
7196)
5-12-060 Remedies for improper denial of
access.
If the tenant
refuses to allow lawful access, the landlord may obtain
injunctive relief to compel access or terminate the rental
agreement pursuant to Section 5-12-130(b) of this chapter.
In either case, the landlord may recover damages.
If the landlord
makes an unlawful entry or a lawful entry in an unreasonable
manner or makes repeated unreasonable demands for entry
otherwise lawful, but which have the effect of harassing the
tenant, the tenant may obtain injunctive relief to prevent
the recurrence of the conduct, or terminate the rental
agreement pursuant to the notice provisions of Section
5-12-110(a). In each case, the tenant may recover an amount
equal to not more than one month’s rent or twice the damage
sustained by him, whichever is greater.
(Prior code § 193.1-6;
Added Coun. J. 9-8-86, p. 33771; Amend 11-6-91, p. 7196)
5-12-070 Landlord’s responsibility to
maintain.
The landlord
shall maintain the premises in compliance with all
applicable provisions of the municipal code and shall
promptly make any and all repairs necessary to fulfill this
obligation.
(Prior code § 193.1-7;
Added Coun. J. 9-8-86, p. 33771; Amend 11-6-91, p. 7196)
5-12-080 Security deposits.
(a) A
landlord shall hold all security deposits received by him in
a federally insured interest-bearing account in a bank,
savings and loan association or other financial institution
located in the State of Illinois. A security deposit and
interest due thereon shall continue to be the property of
the tenant making such deposit, shall not be commingled with
the assets of the landlord, and shall not be subject to the
claims of any creditor of the landlord or of the landlord’s
successors in interest, including a foreclosing mortgagee or
trustee in bankruptcy.
(b) Any
landlord or landlord’s agent who receives a security deposit
from a tenant or prospective tenant shall give said tenant
or prospective tenant at the time of receiving such security
deposit a receipt indicating the amount of such security
deposit, the name of the person receiving it and, in the
case of the agent, the name of the landlord for whom such
security deposit is received, the date on which it is
received, and a description of the dwelling unit. The
receipt shall be signed by the person receiving the security
deposit. Failure to comply with this subsection shall
entitle the tenant to immediate return of security deposit.
(c) A
landlord who holds a security deposit or prepaid rent
pursuant to this section for more than six months shall pay
interest to the tenant accruing from the beginning date of
the rental term specified in the rental agreement at the
rate determined in accordance with Section 5-12-081. The
landlord shall, within 30 days after the end of each
12-month rental period, pay to the tenant any interest, by
cash or credit to be applied to the rent due.
(d) The
landlord shall, within 45 days after the date that the
tenant vacates the dwelling unit or within seven days after
the date that the tenant provides notice of termination of
the rental agreement pursuant to Section 5-12-110(g), return
to the tenant the security deposit or any balance thereof
and the required interest thereon; provided, however, that
the landlord may deduct from such security deposit or
interest due thereon for the following:
(1) Any
unpaid rent which has not been validly withheld or deducted
pursuant to state or federal law or local ordinance; and
(2) A
reasonable amount necessary to repair any damage caused to
the premises by the tenant or any person under the tenant’s
control or on the premises with the tenant’s consent,
reasonable wear and tear excluded. In case of such damage,
the landlord shall deliver or mail to the last known address
of the tenant within 30 days an itemized statement of the
damages allegedly caused to the premises and the estimated
or actual cost for repairing or replacing each item on that
statement, attaching copies of the paid receipts for the
repair or replacement. If estimated cost is given, the
landlord shall furnish the tenant with copies of paid
receipts or a certification of actual costs of repairs of
damage if the work was performed by the landlord’s employees
within 30 days from the date the statement showing estimated
cost was furnished to the tenant.
(e) In the
event of a sale, lease, transfer or other direct or indirect
disposition of residential real property, other than to the
holder of a lien interest in such property, by a landlord
who has received a security deposit or prepaid rent from a
tenant, the successor landlord of such property shall be
liable to that tenant for any security deposit, including
statutory interest, or prepaid rent which the tenant has
paid to the transferor.
The successor
landlord shall, within ten days from the date of such
transfer, notify the tenant who made such security deposit
by delivering or mailing to the tenant’s last known address
that such security deposit was transferred to the successor
landlord and that the successor landlord is holding said
security deposit. Such notice shall also contain the
successor landlord’s name, business address, and business
telephone number of the successor landlord’s agent, if any.
The notice shall be in writing.
The transferor
shall remain jointly and severally liable with the successor
landlord to the tenant for such security deposit or prepaid
rent, unless and until such transferor transfers said
security deposit or prepaid rent to the successor landlord
and provides notice, in writing, to the tenant of such
transfer of said security deposit or prepaid rent,
specifying the name, business address and business telephone
number of the successor landlord or his agent within ten
days of said transfer.
(f) If the
landlord or landlord’s agent fails to comply with any
provision of Section 5-12-080(a) – (e), the tenant shall be
awarded damages in an amount equal to two times the security
deposit plus interest at a rate determined in accordance
with Section 5-12-081. This subsection does not preclude the
tenant from recovering other damages to which he may be
entitled under this chapter.
(Prior code § 193.1-8;
Added Coun. J. 9-8-86, p. 33771; Corrected. 9-12-86, p.
33919; Amend Coun. J. 11-6-91, p. 7196; Amend Coun. J.
5-14-97, p. 45166; Amend Coun. J. 3-31-04, p. 20916, § 3.23)
5-12-081 Interest rate on security
deposits.
During June of
1997 and thereafter during December of each year, the city
comptroller shall review the status of banks within the city
and interest rates on passbook savings accounts, insured
money market accounts and six-month certificates of deposit
at commercial banks located within the city. On the first
business day of July of 1997, and thereafter on the first
business day of each year, the city comptroller shall
announce the rates of interest, as of the last business day
of the prior month, on passbook savings accounts, insured
money market accounts and six-month certificates of deposit
at the commercial bank having its main branch located in the
city and having the largest total asset value. The rates for
money market account* shall be based on the minimum deposits
for such investments. The rates for certificates of deposit
shall be based on a deposit of $1,000.00. The comptroller
shall calculate and announce the average of the three rates.
The average of these rates so announced by the city
comptroller shall be the rate of interest on security
deposits under rental agreements governed by this chapter
and made or renewed after the most recent announcement.
(Added Coun. J.
5-14-97, p. 45166)
5-12-082 Interest rate notification.
The city
comptroller, after computing the rate of interest on
security deposit governed by this chapter, shall cause the
new rate of security deposit interest to be published for
five consecutive business days in two or more newspapers of
general circulation in the city. The mayor shall direct the
appropriate city department to prepare and publish for free
public distribution at government offices, libraries,
schools and community organizations, a pamphlet or brochure
describing the respective rights, obligations and remedies
of landlords and tenants with respect to security deposits,
including the new interest rate as well as the interest rate
for each of the prior two years. The commissioner shall also
distribute the new rate of security deposit interest, as
well as the interest rate for each of the prior two years,
through public service announcements to all radio and
television outlets broadcasting in the city.
(Added Coun. J.
5-14-97, p. 45166)
5-12-090 Identification of owner and
agents.
A landlord or any
person authorized to enter into an oral or written rental
agreement on the landlord’s behalf shall disclose to the
tenant in writing at or before the commencement of the
tenancy the name, address, and telephone number of:
(a) The owner
or person authorized to manage the premises; and
(b) A person
authorized to act for and on behalf of the owner for the
purpose of service of process and for the purpose of
receiving and receipting for notices and demands.
A person who
enters into a rental agreement and fails to comply with the
requirements of this section becomes an agent of the
landlord for the purpose of (i) service of process and
receiving and receipting for notices and demands and (ii)
performing the obligations of the landlord under this
chapter and under the rental agreement.
The information
required to be furnished by this section shall be kept
current and this section extends to and is enforceable
against any successor landlord, owner, or manager.
If the landlord
fails to comply with this section, the tenant may terminate
the rental agreement pursuant to the notice provisions of
Section 5-12-110(a). If the landlord fails to comply with
the requirements of this section after receipt of written
notice pursuant to Section 5-12-110(a), the tenant shall
recover one month’s rent or actual damages, whichever is
greater.
(Prior code § 193.1-9;
Added Coun. J. 9-8-86, p. 33771; Corrected. 9-12-86, p.
33919; Amend Coun. J. 11-6-91, p. 7196)
5-12-100 Notice of conditions affecting
habitability.
Before a tenant
initially enters into or renews a rental agreement for a
dwelling unit, the landlord or any person authorized to
enter into a rental agreement on his behalf shall disclose
to the tenant in writing:
(a) Any code
violations which have been cited by the City of Chicago
during the previous 12 months for the dwelling unit and
common areas and provide notice of the pendency of any code
enforcement litigation or compliance board proceeding
pursuant to Section 13-8-070 of the municipal code affecting
the dwelling unit or common area. The notice shall provide
the case number of the litigation and/or the identification
number of the compliance board proceeding and a listing of
any code violations cited.
(b) Any
notice of intent by the City of Chicago or any utility
provider to terminate water, gas, electrical or other
utility service to the dwelling unit or common areas. The
disclosure shall state the type of service to be terminated,
the intended date of termination; and whether the
termination will affect the dwelling unit, the common areas
or both. A landlord shall be under a continuing obligation
to provide disclosure of the information described in this
subsection (b) throughout a tenancy. If a landlord violates
this section, the tenant or prospective tenant shall be
entitled to remedies described in Section 5-12-090.
(Prior code §
193.1-10; Added Coun. J. 9-8-86, p. 33771; Corrected.
9-12-86, p. 33919; Amend Coun. J. 11-6-91, p. 7196)
5-12-110 Tenant remedies.
In addition to
any remedies provided under federal law, a tenant shall have
the remedies specified in this section under the
circumstances herein set forth.
For purposes of
this section, material noncompliance with Section 5-12-070
shall include, but is not limited to, any of the following
circumstances:
Failure to
maintain the structural integrity of the building or
structure or parts thereof;
Failure to
maintain floors in compliance with the safe load-bearing
requirements of the municipal code;
Failure to comply
with applicable requirements of the municipal code for the
number, width, construction, location or accessibility of
exits;
Failure to
maintain exit, stairway, fire escape or directional signs
where required by the municipal code;
Failure to
provide smoke detectors, sprinkler systems, standpipe
systems, fire alarm systems, automatic fire detectors or
fire extinguishers where required by the municipal code;
Failure to
maintain elevators in compliance with applicable provisions
of the municipal code;
Failure to
provide or maintain in good working order a flush water
closet, lavatory basin, bathtub or shower, or kitchen sink;
Failure to
maintain heating facilities or gas-fired appliances in
compliance with the requirements of the municipal code;
Failure to
provide heat or hot water in such amounts and at such levels
and times as required by the municipal code;
Failure to
provide hot and cold running water as required by the
municipal code;
Failure to
provide adequate hall or stairway lighting as required by
the municipal code;
Failure to
maintain the foundation, exterior walls or exterior roof in
sound condition and repair, substantially watertight and
protected against rodents;
Failure to
maintain floors, interior walls or ceilings in sound
condition and good repair;
Failure to
maintain windows, exterior doors or basement hatchways in
sound condition and repair and substantially tight and to
provide locks or security devices as required by the
municipal code, including deadlatch locks, deadbolt locks,
sash or ventilation locks, and front door windows or
peepholes;
Failure to supply
screens where required by the municipal code;
Failure to
maintain stairways or porches in safe condition and sound
repair;
Failure to
maintain the basement or cellar in a safe and sanitary
condition;
Failure to
maintain facilities, equipment or chimneys in safe and sound
working condition;
Failure to
prevent the accumulation of stagnant water;
Failure to
exterminate insects, rodents or other pests;
Failure to supply
or maintain facilities for refuse disposal;
Failure to
prevent the accumulation of garbage, trash, refuse or debris
as required by the municipal code;
Failure to
provide adequate light or ventilation as required by the
municipal code;
Failure to
maintain plumbing facilities, piping, fixtures,
appurtenances and appliances in good operating condition and
repair;
Failure to
provide or maintain electrical systems, circuits,
receptacles and devices as required by the municipal code;
Failure to
maintain and repair any equipment which the landlord
supplies or is required to supply; or
Failure to
maintain the dwelling unit and common areas in a fit and
habitable condition.
(a) Noncompliance
by Landlord. If there is material noncompliance by the
landlord with a rental agreement or with Section 5-12-070
either of which renders the premises not reasonably fit and
habitable, the tenant under the rental agreement may deliver
a written notice to the landlord specifying the acts and/or
omissions constituting the material noncompliance and
specifying that the rental agreement will terminate on a
date not less than 14 days after receipt of the notice by
the landlord, unless the material noncompliance is remedied
by the landlord within the time period specified in the
notice. If the material noncompliance is not remedied within
the time period so specified in the notice, the rental
agreement shall terminate, and the tenant shall deliver
possession of the dwelling unit to the landlord within 30
days after the expiration of the time period specified in
the notice. If possession shall not be so delivered, then
the tenant’s notice shall be deemed withdrawn and the lease
shall remain in full force and effect. If the rental
agreement is terminated, the landlord shall return all
prepaid rent, security and interest recoverable by the
tenant under Section 5-12-080.
(b) Failure
to Deliver Possession. If the landlord fails to deliver
possession of the dwelling unit to the tenant in compliance
with the residential rental agreement or Section 5-12-070,
rent for the dwelling unit shall abate until possession is
delivered, and the tenant may:
(1) Upon
written notice to the landlord, terminate the rental
agreement and upon termination the landlord shall return all
prepaid rent and security; or
(2)
Demand performance of the rental agreement by the landlord
and, if the tenant elects, maintain an action for possession
of the dwelling unit against the landlord or any person
wrongfully in possession and recover the damages sustained
by him.
If a person’s
failure to deliver possession is wilful, an aggrieved person
may recover from the person withholding possession an amount
not more than two months rent or twice the actual damages
sustained by him, whichever is greater.
(c) Minor
Defects. If there is material noncompliance by the
landlord with the rental agreement or with Section 5-12-070,
and the reasonable cost of compliance does not exceed the
greater of $500.00 or one-half of the monthly rent, the
tenant may recover damages for the material noncompliance or
may notify the landlord in writing of his intention to
correct the condition at the landlord’s expense; provided,
however, that this subsection shall not be applicable if the
reasonable cost of compliance exceeds one month’s rent. If
the landlord fails to correct the defect within 14 days
after being notified by the tenant in writing or as promptly
as conditions require in case of emergency, the tenant may
have the work done in a workmanlike manner and in compliance
with existing law and building regulations and, after
submitting to the landlord a paid bill from an appropriate
tradesman or supplier, deduct from his or her rent the
amount thereof, not to exceed the limits specified by this
subsection and not to exceed the reasonable price then
customarily charged for such work. A tenant shall not repair
at the landlord’s expense if the condition was caused by the
deliberate or negligent act or omission of the tenant, a
member of the tenant’s family, or other person on the
premises with the tenant’s consent.
Before correcting
a condition affecting facilities shared by more than one
dwelling unit, the tenant shall notify all other affected
tenants and shall cause the work to be done so as to create
the least practical inconvenience to the other tenants.
Nothing herein shall be deemed to grant any tenant any right
to repair any common element or dwelling unit in a building
subject to a condominium regime other than in accordance
with the declaration and bylaws of such condominium
building; provided, that the declaration and bylaws have not
been created to avoid the application of this chapter.
For purposes of
mechanics lien laws, repairs performed or materials
furnished pursuant to this subsection shall not be construed
as having been performed or furnished pursuant to authority
of or with permission of the landlord.
(d) Failure
to Maintain. If there is material noncompliance by the
landlord with the rental agreement or with Section 5-12-070,
the tenant may notify the landlord in writing of the
tenant’s intention to withhold from the monthly rent an
amount which reasonably reflects the reduced value of the
premises due to the material noncompliance. If the landlord
fails to correct the condition within 14 days after being
notified by the tenant in writing, the tenant may, during
the time such failure continues, deduct from the rent the
stated amount. A tenant shall not withhold rent under this
subsection if the condition was caused by the deliberate or
negligent act or omission of the tenant, a member of the
tenant’s family, or other person on the premises with the
tenant’s consent.
(e) Damages
and Injunctive Relief. If there is material
noncompliance by the landlord with the rental agreement or
with Section 5-12-070, the tenant may obtain injunctive
relief, and/or recover damages by claim or defense. This
subsection does not preclude the tenant from obtaining other
relief to which he may be entitled under this chapter.
(f) Failure
to Provide Essential Services. If there is material
noncompliance by the landlord with the rental agreement or
with Section 5-12-070,either of which constitutes an
immediate danger to the health and safety of the tenant or
if, contrary to the rental agreement or Section 5-12-070,
the landlord fails to supply heat, running water, hot water,
electricity, gas or plumbing, the tenant may give written
notice to the landlord specifying the material noncompliance
or failure. If the landlord has, pursuant to this ordinance
or in the rental agreement, informed the tenant of an
address at which notices to the landlord are to be received,
the tenant shall mail or deliver the written notice required
in this section to such address. If the landlord has not
informed the tenant of an address at which notices to the
landlord are to be received, the written notice required in
this section shall be delivered by mail to the last known
address of the landlord or by other reasonable means
designed in good faith to provide written notice to the
landlord. After such notice, the tenant may during the
period of the landlord’s noncompliance or failure:
(1)
Procure reasonable amounts of heat, running water, hot
water, electricity, gas or plumbing service, as the case may
be and upon presentation to the landlord of paid receipts
deduct their cost from the rent; or
(2)
Recover damages based on the reduction in the fair rental
value of the dwelling unit; or
(3)
Procure substitute housing, in which case the tenant is
excused from paying rent for the period of the landlord’s
noncompliance. The tenant may recover the cost of the
reasonable value of the substitute housing up to an amount
equal to the monthly rent for the each month or portion
thereof of noncompliance as prorated.
In addition to
the remedies set forth in Section 5-12-110(f)(1) – (3), the
tenant may:
(4)
Withhold from the monthly rent an amount that reasonably
reflects the reduced value of the premises due to the
material noncompliance or failure if the landlord fails to
correct the condition within 24 hours after being notified
by the tenant; provided, however, that no rent shall be
withheld if the failure is due to the inability of the
utility provider to provide service; or
(5)
Terminate the rental agreement by written notice to the
landlord if the material noncompliance or failure persists
for more than 72 hours after the tenant has notified the
landlord of the material noncompliance or failure; provided,
however, that no termination shall be allowed if the failure
is due to the inability of the utility provider to provide
service. If the rental agreement is terminated, the landlord
shall return all prepaid rent, security deposits and
interest thereon in accordance with Section 5-12-080 and
tenant shall deliver possession of the dwelling unit to the
landlord within 30 days after the expiration of the 72-hour
time period specified in the notice. If possession shall not
be so delivered, then the tenant’s notice shall be deemed
withdrawn and the lease shall remain in full force and
effect.
If the tenant
proceeds under this subsection (f), he may not proceed under
subsections (c) or (d). The tenant may not exercise his
rights under this subsection if the condition was caused by
the deliberate or negligent act or omission of the tenant, a
member of his family, or other person on the premises with
his consent. Before correcting a condition, the repair of
which will affect more than his own dwelling unit, the
tenant shall notify all other tenants affected and shall
cause the work to be done so as to result in the least
practical inconvenience to other tenants.
(g) Fire or
Casualty Damage. If the dwelling unit or common area are
damaged or destroyed by fire or casualty to an extent that
the dwelling unit is in material noncompliance with the
rental agreement or with Section 5-12-070, the tenant may:
(1)
Immediately vacate the premises and notify the landlord in
writing within 14 days thereafter of the tenant’s intention
to terminate the rental agreement, in which case the rental
agreement terminates as of the date of the fire or casualty;
or
(2) If
continued occupancy is lawful, vacate any part of the
dwelling unit rendered unusable by the fire or casualty, in
which case the tenant’s liability for rent is reduced in
proportion to the reduction in the fair rental value of the
dwelling unit; or
(3) If
the tenant desires to continue the tenancy, and if the
landlord has promised or begun work to repair the damage or
destruction but fails to carry out the work to restore the
dwelling unit or common area diligently and within a
reasonable time, notify the landlord in writing within 14
days after the tenant becomes aware that the work is not
being carried out diligently or within a reasonable time of
the tenant’s intention to terminate the rental agreement, in
which case the rental agreement terminates as of the date of
the fire or casualty.
If the rental
agreement is terminated under this subsection (g), the
landlord shall return all security and all prepaid rent in
accordance with Section 5-12-080(d). Accounting for rent in
the event of termination or apportionment shall be made as
of the date of the fire or casualty. A tenant may not
exercise remedies in this subsection if the fire or casualty
damage was caused by the deliberate or negligent act or
omission of the tenant, a member of his family or a person
on the premises with his consent.
(Prior code §
193.1-11; Added Coun. J. 9-8-86, p. 33771; Corrected.
9-12-86, p. 33919; Amend Coun. J. 11-6-91, p. 7196)
5-12-120 Subleases.
If the tenant
terminates the rental agreement prior to its expiration
date, except for cause authorized by this chapter, the
landlord shall make a good faith effort to re-rent the
tenant’s dwelling unit at a fair rental, which shall be the
rent charged for comparable dwelling units in the premises
or in the same neighborhood. The landlord shall accept a
reasonable sublease proposed by the tenant without an
assessment of additional fees or charges.
If the landlord
succeeds in re-renting the dwelling unit at a fair rental,
the tenant shall be liable for the amount by which the rent
due from the date of premature termination to the
termination of the initial rental agreement exceeds the fair
rental subsequently received by the landlord from the date
of premature termination to the termination of the initial
rental agreement.
If the landlord
makes a good-faith effort to re-rent the dwelling unit at a
fair rental and is unsuccessful, the tenant shall be liable
for the rent due for the period of the rental agreement. The
tenant shall also be liable for the reasonable advertising
costs incurred by the landlord in seeking to re-rent the
dwelling unit.
(Prior code §
193.1-12; Added Coun. J. 9-8-86, p. 33771; Amend Coun. J.
11-6-91, p. 7196)
5-12-130 Landlord remedies.
Every landlord
shall have the remedies specified in this section for the
following circumstances:
(a) Failure
to Pay Rent. If all or any portion of rent is unpaid
when due and the tenant fails to pay the unpaid rent within
five days after written notice by the landlord of his
intention to terminate the rental agreement if rent is not
so paid, the landlord may terminate the rental agreement.
Nothing in this subsection shall affect a landlord’s
obligation to provide notice of termination of tenancy in
subsidized housing as required under federal law or
regulations. A landlord may also maintain an action for rent
and/or damages without terminating the rental agreement.
(b) Noncompliance
by Tenant. If there is material noncompliance by a
tenant with a rental agreement or with Section 5-12-040, the
landlord of such tenant’s dwelling unit may deliver written
notice to the tenant specifying the acts and/or omissions
constituting the breach and that the rental agreement will
terminate upon a date not less than ten days after receipt
of the notice, unless the breach is remedied by the tenant
within that period of time. If the breach is not remedied
within the 10-day period, the residential rental agreement
shall terminate as provided in the notice. The landlord may
recover damages and obtain injunctive relief for any
material noncompliance by the tenant with the rental
agreement or with Section 5-12-040. If the tenant’s
noncompliance is wilful, the landlord may also recover
reasonable attorney’s fees.
(c) Failure
to Maintain. If there is material noncompliance by the
tenant with Section 5-12-040 (other than subsection (g)
thereof), and the tenant fails to comply as promptly as
conditions permit in case of emergency or in cases other
than emergencies within 14 days of receipt of written notice
by the landlord specifying the breach and requesting that
the tenant remedy it within that period of time, the
landlord may enter the dwelling unit and have the necessary
work done in the manner required by law. The landlord shall
be entitled to reimbursement from the tenant of the costs of
repairs under this section.
(d) Disturbance
of Others. If the tenant violates Section 5-12-040(g)
within 60 days after receipt of a written notice as provided
in subsection (b), the landlord may obtain injunctive relief
against the conduct constituting the violation, or may
terminate the rental agreement on ten days written notice
to the tenant.
(e) Abandonment.
Abandonment of the dwelling unit shall be deemed to have
occurred when:
(1)
Actual notice has been provided to the landlord by the
tenant indicating the tenant’s intention not to return to
the dwelling unit; or
(2) All
persons entitled under a rental agreement to occupy the
dwelling unit have been absent from the unit for a period of
21 days or for one rental period when the rental agreement
is for less than a month, and such persons have removed
their personal property from the premises, and rent for that
period is unpaid; or
(3) All
persons entitled under a rental agreement to occupy the
dwelling unit have been absent from the unit for a period of
32 days, and rent for that period is unpaid.
Notwithstanding
the above, abandonment of the dwelling unit shall not be
deemed to have occurred if any person entitled to occupancy
has provided the landlord a written notice indicating that
he still intends to occupy the unit and makes full payment
of all amounts due to the landlord.
If the tenant
abandons the dwelling unit, the landlord shall make a good
faith effort to re-rent it at a fair rental, which shall be
the rent charged for comparable dwelling units in the
premises or in the same neighborhood. If the landlord
succeeds in re- renting the dwelling unit at a fair rental,
the tenant shall be liable for the amount by which the rent
due from the date of abandonment to the termination of the
initial rental agreement exceeds the fair rental
subsequently received by the landlord from the date of
abandonment to the termination of the initial rental
agreement. If the landlord makes a good faith effort to
re-rent the dwelling unit at a fair rental and is
unsuccessful, the tenant shall be liable for the rent due
for the period of the rental agreement. The tenant shall
also be liable for the reasonable advertising expenses and
reasonable redecoration costs incurred by the landlord
pursuant to this subsection.
(f) Disposition
of Abandoned Property. If the tenant abandons the
dwelling unit as described in subsection (e) hereof, or
fails to remove his personal property from the premises
after termination of a rental agreement, the landlord shall
leave the property in the dwelling unit or remove and store
all abandoned property from the dwelling unit and may
dispose of the property after seven days. Notwithstanding
the foregoing, if the landlord reasonably believes such
abandoned property to be valueless or of such little value
that the cost of storage would exceed the amount that would
be realized from sale, or if such property is subject to
spoilage, the landlord may immediately dispose of such
property.
(g) Waiver
of Landlord’s Right to Terminate. If the landlord
accepts the rent due knowing that there is a default in
payment of rent by the tenant he thereby waives his right to
terminate the rental agreement for that breach.
(h) Remedy
After Termination. If the rental agreement is
terminated, the landlord shall have a claim for possession
and/or for rent.
(i) Notice
or Renewal of Rental Agreement. No tenant shall be
required to renew a rental agreement more than 90 days prior
to the termination date of the rental agreement. If the
landlord violates this subsection, the tenant shall recover
one month’s rent or actual damages, whichever is greater.
(j) Notice
or Refusal to Renew Rental Agreement. Provided that the
landlord has not exercised, or is not in the process of
exercising, any of its rights under Section 5-12-130(a) –
(h) hereof, the landlord shall notify the tenant in writing
at least 30 days prior to the stated termination date of the
rental agreement of the landlord’s intent either to
terminate a month to month tenancy or not to renew an
existing rental agreement. If the landlord fails to give the
required written notice, the tenant may remain in the
dwelling unit for up to 60 days after the date on which such
required written notice is given to the tenant, regardless
of the termination date specified in the existing rental
agreement. During such occupancy, the terms and conditions
of the tenancy (including, without limitation, the rental
rate) shall be the same as the terms and conditions during
the month of tenancy immediately preceding the notice;
provided, however, that if rent was waived or abated in the
preceding month or months as part of the original rental
agreement, the rental amount during such 60-day period shall
be at the rate established on the last date that a full rent
payment was made.
(Prior code §
193.1-13; Added Coun. J. 9-8-86, p. 33771; Amend Coun. J.
11-6-91, p. 7196)
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.
(Prior code §
193.1-14; Added Coun. J. 9-8-86, p. 33771; Corrected.
9-12-86, p. 33919; Amend Coun. J. 11-6-91, p. 7196)
5-12-150 Prohibition on retaliatory
conduct by landlord.
It is declared to
be against public policy of the City of Chicago for a
landlord to take retaliatory action against a tenant, except
for violation of a rental agreement or violation of a law or
ordinance. A landlord may not knowingly terminate a tenancy,
increase rent, decrease services, bring or threaten to bring
a lawsuit against a tenant for possession or refuse to renew
a lease or tenancy because the tenant has in good faith:
(a)
Complained of code violations applicable to the premises to
a competent governmental agency, elected representative or
public official charged with responsibility for enforcement
of a building, housing, health or similar code; or
(b)
Complained of a building, housing, health or similar code
violation or an illegal landlord practice to a community
organization or the news media; or
(c) Sought
the assistance of a community organization or the news media
to remedy a code violation or illegal landlord practice; or
(d) Requested
the landlord to make repairs to the premises as required by
a building code, health ordinance, other regulation, or the
residential rental agreement; or
(e) Becomes a
member of a tenant’s union or similar organization; or
(f) Testified
in any court or administrative proceeding concerning the
condition of the premises; or
(g) Exercised
any right or remedy provided by law.
If the landlord
acts in violation of this section, the tenant has a defense
in any retaliatory action against him for possession and is
entitled to the following remedies: he shall recover
possession or terminate the rental agreement and, in either
case, recover an amount equal to and not more than two
months rent or twice the damages sustained by him,
whichever is greater, and reasonable attorneys fees. If the
rental agreement is terminated, the landlord shall return
all security and interest recoverable under Section 5-12-080
and all prepaid rent. In an action by or against the tenant,
if there is evidence of tenant conduct protected herein
within one year prior to the alleged act of retaliation,
that evidence shall create a rebuttable presumption that the
landlord’s conduct was retaliatory. The presumption shall
not arise if the protected tenant activity was initiated
after the alleged act of retaliation.
(Prior code §
193.1-15; Added Coun. J. 9-8-86, p. 33771; Amend Coun. J.
11-6-91, p. 7196)
5-12-160 Prohibition on interruption of
tenant occupancy by landlord.
It is unlawful
for any landlord or any person acting at his direction
knowingly to oust or dispossess or threaten or attempt to
oust or dispossess any tenant from a dwelling unit without
authority of law, by plugging, changing, adding or removing
any lock or latching device; or by blocking any entrance
into said unit; or by removing any door or window from said
unit; or by interfering with the services to said unit;
including but not limited to electricity, gas, hot or cold
water, plumbing, heat or telephone service; or by removing a
tenant’s personal property from said unit; or by the removal
or incapacitating of appliances or fixtures, except for the
purpose of making necessary repairs; or by the use or threat
of force, violence or injury to a tenant’s person or
property; or by any act rendering a dwelling unit or any
part thereof or any personal property located therein
inaccessible or uninhabitable. The foregoing shall not apply
where:
(a) A
landlord acts in compliance with the laws of Illinois
pertaining to forcible entry and detainer and engages the
sheriff of Cook County to forcibly evict a tenant or his
personal property; or
(b) A
landlord acts in compliance with the laws of Illinois
pertaining to distress for rent; or
(c) A
landlord interferes temporarily with possession only as
necessary to make needed repairs or inspection and only as
provided by law; or
(d) The
tenant has abandoned the dwelling unit, as defined in
Section 5-12-130(e).
Whenever a
complaint of violation of this provision is received by the
Chicago Police Department, the department shall investigate
and determine whether a violation has occurred. Any person
found guilty of violating this section shall be fined not
less then $200.00 nor more than $500.00, and each day that
such violation shall occur or continue shall constitute a
separate and distinct offense for which a fine as herein
provided shall be imposed. If a tenant in a civil legal
proceeding against his landlord establishes that a violation
of this section has occurred he shall be entitled to recover
possession of his dwelling unit or personal property and
shall recover an amount equal to not more than two months
rent or twice the actual damages sustained by him, whichever
is greater. A tenant may pursue any civil remedy for
violation of this section regardless of whether a fine has
been entered against the landlord pursuant to this section.
(Prior code §
193.1-16; Added Coun. J. 9-8-86, p. 33771; Amend Coun. J.
11-6-91, p. 7196)
5-12-170 Summary of ordinance attached to
rental agreement.
The commissioner
of the department of housing shall prepare a summary of this
chapter, describing the respective rights, obligations and
remedies of landlords and tenants hereunder, and shall make
such summary available for public inspection and copying.
The commissioner shall also, after the city comptroller has
announced the rate of interest on security deposits on the
first business day of the year, prepare a separate summary
describing the respective rights, obligations and remedies
of landlords and tenants with respect to security deposits,
including the new interest rate as well as the rate for each
of the prior two years. The commissioner shall also
distribute the new rate of security deposit interest, as
well as the rate for each of the prior two years, through
public service announcements to all radio and television
outlets broadcasting in the city. A copy of such summary
shall be attached to each written rental agreement when any
such agreement is initially offered to any tenant or
prospective tenant by or on behalf of a landlord and whether
such agreement is for a new rental or a renewal thereof.
Where there is an oral agreement, the landlord shall give to
the tenant a copy of the summary.
The summary shall
include the following language:
“The porch or
deck of this building should be designed for a live load of
up to 100 pounds, per square foot and is safe only for its
intended use. Protect your safety. Do not overload the porch
or deck. If you have questions about porch or deck safety,
call the City of Chicago non-emergency number, 3-1-1.”
If the landlord
acts in violation of this section, the tenant may terminate
the rental agreement by written notice. The written notice
shall specify the date of termination no later than 30 days
from the date of the written notice. If a tenant in a civil
legal proceeding against his landlord establishes that a
violation of this section has occurred, he shall be entitled
to recover $100.00 in damages.
(Prior code §
193.1-17; Added Coun. J. 9-8-86, p. 33771; Amend Coun. J.
11-6-91, p. 7196; Amend Coun. J. 5-14-97, p. 45166; Amend
Coun. J. 10-1-03, p. 9163, § 4.13)
5-12-180 Attorney’s fees.
Except in cases
of forcible entry and detainer actions, the prevailing
plaintiff in any action arising out of a landlord’s or
tenant’s application of the rights or remedies made
available in this ordinance shall be entitled to all court
costs and reasonable attorney’s fees; provided, however,
that nothing herein shall be deemed or interpreted as
precluding the awarding of attorney’s fees in forcible entry
and detainer actions in accordance with applicable law or as
expressly provided in this ordinance.
(Added Coun. J.
11-6-91, p. 7196)
5-12-190 Rights and remedies under other
laws.
To the extent
that this chapter provides no right or remedy in a
circumstance, the rights and remedies available to landlords
and tenants under the laws of the State of Illinois or other
local ordinance shall remain applicable.
(Prior code §
193.1-18; Added Coun. J. 9-8-86, p. 33771; Amend Coun. J.
11-6-91, p. 7196)
5-12-200 Severability.
If any provision,
clause, sentence, paragraph, section, or part of this
chapter or application thereof to any person or
circumstance, shall for any reason be adjudged by a court of
competent jurisdiction to be unconstitutional or invalid,
said judgment shall not affect, impair or invalidate the
remainder of this chapter and the application of such
provision to other persons or circumstances, but shall be
confined in its operation to the provision, clause,
sentence, paragraph, section, or part thereof directly
involved in the controversy in which such judgment shall
have been rendered and to the person and circumstances
affected thereby.
(Prior code §
193.1-19; Added Coun. J. 9-8-86, p. 33771; Amend Coun. J.
11-6-91, p. 7196)
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