Chicago Tenants Rights Frequently Asked Questions, FAQS, Chicago Tenant Rights Attorneys, Chicago tenants Rights answers

Here are the answers to some frequently asked questions (FAQS) about tenants' rights by tenants in Chicago builidings covered by the Residential Landlord and Tenant Ordinance ("RLTO"). The answers would be similar under the ordinances adopted by the City of Evanston and the Village of Mount Prospect. You should note that under RLTO, the prevailing plaintiff in a tenants' rights case is entitled to collect attorney fees and court costs if required to go to court to enforce his or her rights under RLTO. If you have further questions or if we can be of help, please contact us at any time for a free initial consultation.

SECURITY DEPOSITS/CHICAGO SECURITY DEPOSIT VIOLATIONS

Does my Chicago landlord have to give me a receipt for my security deposit?

Chicago's RLTO is very specific as to the requirement of a receipt. A receipt must be given when you make the deposit. It must be signed by the person receiving the deposit and must include the name of the person receiving the deposit and the name of the landlord, if the person receiving the deposit is not the landlord. The receipt must also include the amount of the deposit, the date it was made and a description of the apartment for which the deposit was made. If a receipt meeting these requirements is not given, the tenant is entitled to return of the security deposit and to damages of double the amount of the security deposit plus interest at 5% per annum.

What restrictions are there on my Chicago landlord's use of my security deposit?

The landlord may not use your security deposit in any way until after you have vacated the apartment. Until then, he must keep the security deposit in a federally insured bank account, completely separate from his other funds. The landlord may not even accept payment of your first month's rent and security deposit in a single check, because by depositing that check he is commingling the security deposit funds with his own funds. The landlord must pay you interest each year on your security deposit (if held more than six months) within 30 days after the end of each 12 month rental period at a rate set by the City of Chicago annually. If the landlord fails to meet these requirements, he may be liable for damages of double the amount of the security deposit plus interest at 5% per annum.

When must my Chicago landlord return my security deposit?

Your landlord must return your security deposit within 45 days after you vacate your apartment. He may only make deductions from the amount of the security deposit for unpaid rent validly withheld or deducted, or for the reasonable amount necessary to repair any damage you have caused, not counting reasonable wear and tear on the apartment from your use. If he does deduct any amount for damage, he must provide you with an itemized statement of the repair costs, supported by paid receipts or certifications, for any work performed by the landlord's employees. If the landlord fails to meet these requirements, he may be liable for damages of double the amount of the security deposit plus interest at 5% per annum.

What are the penalties for a Chicago security deposit violation?

The landlord can be held liable for damages equal to twice the security deposit plus attorney fees and court costs, for any violation.

(Click Here for Chicago Security Deposit Interest Rates and Rules)

damages you sustain. If the landlord's failure to deliver possession is willful, you may recover up to the greater of two months' rent or twice the damages sustained by you.

What can I do if there are serious problems with the conditions in my Chicago apartment or with the common areas of my building?

Chicago tenants have several remedies for serious condition issues. First, if the problems are so serious as to render the apartment not reasonably fit and habitable, you may terminate your tenancy by giving the landlord a notice which specifies the conditions and gives the landlord not fewer than 14 days to remedy the conditions. If the problems are less serious and the reasonable cost of compliance is less than the greater of $500.00 or one half of one month's rent, you may after notice and opportunity for the landlord to perform the work, either have the work performed yourself and deduct the cost from the rent or recover damages for the noncompliance. There are other requirements for securing these remedies, and you should review a copy of section 5-12-110 of the RLTO (see below for link) before resorting to these remedies.

OTHER ISSUES

I paid my $700.00 per month rent late last month, and my Chicago landlord billed me for a $50.00 late fee. Can he do this?

No. Under RLTO, the most a landlord can charge as a late fee in Chicago is $10.00 plus 5% of your rent in excess of $500.00 per month; so the highest late fee he can charge is $20.00 in your case. Any provision in your rental agreement to the contrary is not enforcible. Further, even if you did not pay the late fee, merely by demanding the late fee of $50.00, your landlord became liable for damages equal to two months' rent, or $1,400.00.

I am behind on my rent, and my landlord has threatened to physically remove my front door and throw my possessions out on the street. What can I do?

It is completely illegal to threaten to or to actually oust or dispossess a tenant or to interfere with a tenant's possession of the rented apartment without authority of law. This includes removal of doors, physical removal, removing locks, blocking entry or exit or interruption of any essential services or threatening to do any of these things. You should call the police, if your landlord attempts to do this. Further, you should know that your landlord is liable under RLTO to pay you the greater of double the damages suffered by you or two month's rent for having violated the ordinance in this manner, as well as being liable to restore you to pssession of the apartment if he has dispossessed you.

What properties are not covered by Chicago's RLTO?

With limited exceptions, the following are not covered by provisions of the Chicago Residential Landlord and Tenant Ordinance: apartments in owner-occupied buildings containing six (6) units or less, housing in facilities such as hospitals, convents, extended care facilities or school dormitories, a dwelling unit occupied by a purchaser prior to transfer of title pursuant to a real estate purchase contract or by a seller after transfer of title, an apartment occupied by an employee of a landlord whose right to occupancy is conditioned upon employment in or around the premises or an apartment in a cooperative building occupied by a holder of a proprietory lease.

My lease requires the landlord to provide heat to my Chicago apartment. What is he specifically required to do?

Chicago requires residential landlords of landlord heated apartments to provide heat to maintain the following temperatures between September 15th and June 1st:

68 degress, between 8:30 AM and 10:30 PM

66 degrees, between 10:30 PM and 8:30 AM.

A tenant whose landlord fails to meet these requirements can call the City of Chicago at 311 for assistance in compelling the landlord to comply.