The rapid growth of the Chicago area after the Great Fire saw the construction of thousands of multi-tenant apartment buildings to house the growing families of the new renters. Although many are now owned as condominiums, the Chicago metropolitan area continues to maintain a huge stock of apartment rental housing.
There are a great number of very good landlords. But with such a large quantity of rental housing, there were bound to be some bad landlords who didn't have the proper respect for the rights of their tenants. Seeing the need, Chicago has enacted a comprehensive Residential Landlord and Tenant Ordinance (the "RLTO") to regulate the landlord/tenant relationship. Evanston and Mt. Prospect also saw the need and have each enacted similar ordinances. Each ordinance contains protections for tenant's rights agsinat landlord abuses.
Subject to certain limited exceptions, Chicago's RLTO protects tenant's rights, applies to most rental housing in the community and requires that the landlord:
hold all security deposits received in a federally insured account, completely separate from the funds of landlord.
pay interest, at least once for each 12 month rental period, at a specified interest rate on each security deposit.
return the security deposit, reduced by rent owed and reasonable repair costs set forth in an itemized satement with written backup, within 45 days after the tenant vacates.
provide all tenants with written notice of any cited building code violations or any code violation enforcement actions.
attach a copy of the RLTO to each lease.
Furthering protection of tenant's rights, the Chicago RLTO also requires that a landlord:
Deliver possession of the apartment as provided in the lease.
Properly maintain the apratment. (In certain cases, after notice, RLTO allows the tenant to perform repairs and deduct the cost from or even to reduce the rent based upon an amount reasonably reflecting the reduced apartment value.)
Provide all essential services, such as heat, running water, hot water, electricity, gas or plubing service.
Limit any late fee to $10 per month for the first $500 in monthly rent plus 5% per month of the rental in excess of $500.
Not oust or dispossess a tenant from or interfere with possession of his or her apartment or threaten to do so, without due process of law.
The Chicago RLTO has teeth. In protecting tenants' righhts, the Chicago RLTO allows a tenant to recover penalties of up to double a month's rent for various violations of its' provisions as well as actual or double actual damages and provides that the prevailing party shall be awarded all court costs and reasonable attorney fees. Under certain circumstances, the RLTO also gives the tenant the right to terminate his or her lease for violation by the landlord of its provisions. Click here for answers to some frequently asked questions about RLTO. Feel free to Contact us, if you feel that you have been a victim of your landlord's violation of the RLTO. We can help.
You should note that in most cases where a landlord has violated RLTO, we will be able to represent you on a completely contingent fee basis; in other words, we don't get paid unless we win a judgment or a settlement for you, or where the defendant is required to pay our fees.
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Click Here for Answers to Frequently Asked Questions (FAQS) about tenants' rights.
