Category: Landlord & Tenant Rights
Guides about heat, locks, leases, apartment conditions, evictions, foreclosures and other landlord/tenant responsibilities.
Leases – FAQ
NOTE: If your landlord lives in your building, see the “Exceptions” note on the right side of this page.
This FAQ describes the different types of leases, how and when you can terminate a lease and identifies different lease provisions that are prohibited by law.
Does every tenant have a lease agreement?
Yes. It may be a written lease or an oral (unwritten) lease.
What is the advantage of a written lease agreement?
It sets out the terms of your agreement with the landlord. Furthermore, it states how long your tenancy will last, and your landlord cannot terminate this tenancy early unless you violate one of the lease provisions.
If I do not have a written lease, when can my tenancy be terminated?
Either you or your landlord can terminate it with at least one month advance written notice (if you pay rent every month), or at least 7 days advance written notice (if you pay rent every week). Neither of you has to give reason for terminating the tenancy.
If I have a written lease, can my landlord raise my rent before the lease ends?
Only if the lease states that the landlord can do this. Otherwise, your rent must remain the same until the lease ends.
If I do not have a written lease, when can my landlord raise the rent?
Your landlord can raise the rent only after giving you advance written notice. If you pay rent on a monthly basis, you must receive at least one month written notice. If you pay rent on a weekly basis, you must receive at least 7 days written notice.
What if I have a written lease that has provisions that I don’t like?
Don’t sign it. Once you sign the lease you are bound by all its provisions unless these provisions are against the law. (Illegal provisions are listed below). If you don’t like a provision, ask your landlord to cross it out. If he/she agrees to do this, both of you should put your initials next to the provision that has been crossed out.
What lease provisions are against the law?
Any provision stating that you agree to:
- Give up any of your rights under Chicago’s Residential Landlord and Tenant Ordinance;
- Limit your landlord’s liability for breaking the law;
- Let your landlord win an eviction action against you without first serving you with a termination notice and a summons to appear in court;
- Give up your right to a jury trial if your landlord files an eviction action against you;
- Pay for your landlord’s attorney’s fees if he/she files an eviction against you;
- Pay a late fee in excess of the amount allowed by the Ordinance (see below); or
- Receive a discount that is equal to more than the monthly fee allowed by the Ordinance if you pay your rent before a certain day of the month.
How much can my landlord charge as a late fee?
If your monthly rent is $500 or less your landlord can charge you no more than $10 per month. If your monthly rent is more than $500, your landlord can charge you an additional fee equal to 5% of the amount that exceeds $500. Therefore if your rent is $700, your landlord can charge you $10 pus 5% of 200, for a total late fee of $20.
Is my lease still in effect if it has an illegal provision?
Yes. Your lease is still in effect, but your landlord cannot enforce the illegal provision. If he/she tries to enforce an illegal provision, you can sue him/her.
Do I have to move if my landlord sells the property before my lease ends?
No. Your lease remains in effect and the new owner has to comply with the terms of this agreement.
If I have a written lease, what happens when it ends?
If you want to leave the apartment when your lease ends, you can just move. You do not have to give your landlord any advance notice.
What if my landlord wants me to move when my written lease ends?
At least 30 days before the lease ends your landlord must provide you with a written notice stating that your tenancy will not be renewed. If you do not receive this notice in a timely manner, you may stay in the unit for up to 60 days after the date on which you do receive the notice. (remember, however, that your obligation to pay rent continues during this 60 day period).
Can I break my lease before it ends?
Only if your landlord agrees to let you out of the lease or violates your rights under Chicago’s Residential Landlord and Tenant Ordinance. If you want to break the lease because your landlord has violated your rights, contact an attorney.
What if my landlord doesn’t let me break the lease, but I still move out before the lease ends?
Your landlord must make a good faith effort to re-rent the apartment. If she’s unsuccessful, you remain responsible for the rent. If he/she rents it for less than what you were paying you remain responsible for the difference.
Can I sublet my apartment?
Yes, and your landlord cannot charge you any subletting fees. Furthermore, if your landlord does not let you sublet to a suitable person, you don’t have to pay the rent for that period that begins when the subtenant was willing to move in.
What if my subtenant does not pay the rent?
You remain responsible for it.
Please Note:This information, published by the Legal Assistance Foundation of Chicago and the Metropolitan Tenants Organization as a public service, gives you only a general idea of your rights and responsibilities under the Residential Landlord and Tenant Ordinance and other relevant chapters of Chicagoís Municipal Code. It is meant to inform, but not to advise. Before enforcing your rights, you may want to seek the advice of an attorney who can analyze the facts of your case and apply the law to these facts.
Still can’t find the answer? Send us your questions. Please allow several days for a response.
Noise and Neighbors
Noisy and problematic neighbors are one of the most difficult issues to solve.
First off, both parties are tenants. Both have rights. These problems range from neighbors selling drugs to throwing an occasional party. It is frustrating for the neighbor who is being disrupted. Complaints about noisy kids, an older adult listening to a loud television or people playing rap music are often signs of a biased complaint. If the complaints appear to be discriminatory or unreasonable in nature, the complainer may not have realistic expectations of apartment living. It requires a certain amount of tolerance.
No ready-made solutions exist for neighbor-to-neighbor problems. The law does not proscribe a process to deal with this situation as it does with the ‘Repair and Deduct’ remedies in the Chicago Ordinance. There are steps the tenant can take to try and resolve the difficulty. Whether any of these methods work depends upon many factors, including the nature of the actual problem, how much the landlord is willing to cooperate and what the tenant is willing to do. The following are suggestions:
Direct Approach
(This approach is not recommended when drug dealing is involved and for cases of a violent neighbor.) First encourage the tenant to talk directly to their neighbor. Often people disturb others without being aware of it and are willing to modify their behavior such as setting quiet times or not wearing wood platform shoes inside. The Center for Conflict Resolution can help mediate these situations. The landlord could possibly be included in the mediation. The other benefit to this approach is that the tenant may find out that the person they suspected of wrong doing may be innocent.
Contact the Landlord
Let the landlord know that s/he has the responsibility to ensure the tenant the quiet, peaceful enjoyment of the premises. The landlord has the power to evict noisy neighbors and drug dealers. They can also install carpeting or some other sort of soundproofing. The landlord has the responsibility to take some action.
Contact Other Tenants
Often noisy neighbors will be disturbing other renters and their support will be helpful in getting rid of a problem tenant. Organize a group of concerned tenants and write a common letter. It will also help build a tenant’s case that the problem is real.Call the PoliceThe police will help to mitigate the very immediate situation. They can warn or arrest the tenant. A police report will also serve to document the tenant’s complaint. By asking the tenant if they have called the police, it will help you and the tenant put the problem in perspective. If they say for example “Oh it’s not that bad,” then I would suggest they try mediation.
Serve the Landlord with Written Notice
If the landlord fails to take any action and other options fail, the tenant can write the landlord and give him/her a minimum of a 14-day notice to comply with their duty to ensure the tenant a reasonable quiet and peaceful premises. The tenant should provide the landlord with a detailed description of the problems and ask the landlord to remedy the situation. In the letter the tenant should ask the landlord for a response as to what action they have taken or will take.
Document the Problem
Encourage the tenant to create a journal detailing days, times and what happened. The tenant may need witnesses to back up their assertions. Friends and neighbors can be witnesses. Should the landlord fail to take any action after being contacted and the problem is a serious one, the tenant could give the landlord a 14-day notice (to be on the safe side the tenant may want to give the landlord a longer notice, say 30 days) under the Chicago ordinance to terminate the lease under section 5-12-110 a. In the letter the tenant should inform the landlord that the situation has rendered the apartment not reasonably fit and habitable. If the tenant does not want to terminate the lease, s/he could also reduce the rent by giving the landlord a 14-day notice to alleviate the situation or else the tenant will reduce the rent to reflect the reduced value of the apartment. As in the case repairs, the tenant should be very conservative in the amount taken off the rent
NOTE: The housing laws do not specifically mention noise and there is no case law on this either way. Attorneys disagree about what rights tenants have under State and Chicago law. Some attorneys believe tenants have no remedies under the law. Caution is advised in counseling tenants with problems. We believe the tenants do have rights but they should be warned that should the courts rule against the tenant he/she could be held financially liable for the duration of the lease. If the tenant is confronted with a possible life threatening situation, let s/he know that the penalties are not automatic. The landlord still needs to take the tenant to court and get a judgment. Tenants complaining about drugs or crime in the building are more likely to succeed in today’s anti-drug and crime hysteria.
If the noise is at a level that can be considered offensive to the general environment, you may be able to seek remedies outlined in 11-4-2740 of the Chicago Municipal Code.