Chicago Residential Landlord Tenant Ordinance

All 285 Comments

1. I recently moved to a high rise apt and the leasing agent failed to inform me the unit was facing a wall of a storage building and right next to the “L”. I found out on the day I moved into the apt. Isn’t it their responsibility to switch me to another unit with the same rental rate as the unit I applied for? The leasing agents solution was switching me to another unit at a higher rate. Do I have the right to request moving into another unit?

   1. Certainly it is the right thing to do. They are probably not required to do so. When you signed the lease did it have the unit number on the lease? If so did you look at it? If you did not look at it, how was it described? Certainly they would not be able to describe it as a quiet unit with a scenic view. You can and should request moving to another unit.

2. Hi,
   Our property has now acquired a new owner/property manager. Our current lease isn’t up till Nov 30, 2022. However, the new owner/property manager wants us to complete a new rental agreement and provide two months of pay stubs. Is this legal? We are still under the current lease and we are confused on why we would have to submit a new rental application and provide pay stubs. She says they won’t do a credit check, but we can’t trust that. Any info would help.

   1. You do not have to provide the new information if you do not want to. You have a lease and the new owners must honor the lease.

3. Currently I am defaulted to a month to month lease. The building has now been purchased and new owners have indicated they don’t want any of the current tenants to stay. Legally, what is the notification process for the new owners to let current tenants know they they have to move and what is that time frame? They emailed me and said they want me to be out in two weeks at the end of this paid month.

   1. Currently the law is not very good regarding your situation. The landlord has to give a minimum of 30 days prior to the end of the month and the day you receive the notice does not count. The landlord needed to provide you with the notice on or before June 1. Second we are still under the timeline of the CARES Act. If your building is covered under the CARES Act they cannot evict anyone until July 24. If you are on Section 8 or your landlord has a loan from Freddie Mac or Fannie Mae then the landlord cannot serve with this notice. At MTO we have had some success getting landlords to negotiate for more time and/or relocation assistance if tenants in a building form a tenants’ association. So talk to your neighbors and if they are interested in organizing a tenants’association let us know. Call 773-292-4988.

4. Hello! I’m trying to leave my apartment/break the lease or sublet to move out of state, but my landlord has not responded to any of my calls or emails. Am I allowed to just leave if I’m unable to get in touch with them? I originally reached out to them a week ago.

   1. Has your communication with the landlord been in writing? If not, that may be a problem especially if the landlord says that he did not receive anything. It is best to put all your correspondence in writing so that it can be documented. You could start with a letter stating that you will be terminating the lease and wish to look for a sub-lettor as allowed under the law. You could ask your landlord how should this be handled. You can also state that the law requires the landlord to mitigate damages so while you are looking for some to take over the lease, the landlord should also. Does the landlord have any type of waiting list?

5. Hello! My roommates and I moved into our apartment on June 1 of this year (2019). When we moved in our door to our back patio was crooked and therefore would not lock. We were told by our landlord the door would be replaced. The door was finally replaced by our landlord in early July (over a month after move in), but he left the frames of the door on our floor, nail side facing up, by our dining table and laundry machine. After about 3 weeks of them not being picked up (and our door still not being finished – there still aren’t frames around it so the insulation is showing), my roommate stepped on one of the nails and had to get a tetanus shot. She texted our landlord and asked when the boards would be removed as she had to get a shot after she stepped on a nail, and said she expected him to pay the difference of the tetanus shot that her insurance didn’t cover. It has been around 2 weeks and he has not responded – the boards are still on our floor in the same position. What actions should / can we take?

   1. Is this in Chicago? If so one action you could take is to give the landlord a written notice to either complete the job which includes cleaning up the mess and put a frame around the door or you will hire someone and deduct the cost from the rent. MTO’s web app can help with documenting the situation and composing the letter. http://www.squaredawaychicago.com

6. On 4/29/19 I made a security deposit of almost $1400.00 for a property that was flawless when I went to see it. I am on section 8 and the property needed to have the porch painted to pass. The realtor has lied about when it will be done I keep getting the run-around about why it has not been done and then they set a second inspection and purposely did not show up This is now June 20, 2019 and they are still telling me that they are having issue getting the porch painted now the property looks dilapidated and un-cared for. When I offered to have it painted another excuse. No mention of my deposit or application fee and the realtor is not trying to give me my money plus interest back. What can I do since I have not officially moved in?

   1. I am a little unclear as to the exact situation. Are you currently living in the unit or because the unit did not pass the inspection you are unable to at this point. If the later is the problem and you need to get your security deposit back, it is best practice to write the landlord a letter detailing what has happened about the failure to give you the premises. In the letter you can demand the return of your deposit because the unit is not ready.

7. I lost my job the first week of May 2019 due to no longer being able to work with my disability and medical condition. Immediately upon receiving this news, I contacted my landlord to give him notice and let him know that I had lost my job and needed to terminate my lease.

   I have vacated and cleaned the apartment so that it is immediately available to be rented to someone else. I have also provided contact information for a new lessee whom I have put in contact with my landlord and the building manager approximately 2 weeks after receiving my notice . My landlord and building manager have been reticent in speaking to and working with the lessee candidate.

   The landlord has also stated that there will be legal action filed against me should I be unable to pay rent for the remainder of my lease. He has suggested I find a new job. However, I was let go from my job due to disability and medical reasons.

   What recourse do I have for needing to terminate a lease early due to my disability affecting my ability to work, and thus pay rent. I have had to relocate to Suburban Chicago to live with family.

   1. The law states that the landlord has to try and re-rent the unit and the Chicago law states that the landlord has to accept sub-letters. It would be best to begin communicating with the landlord in writing in an effort to document the situation. Have you sent the landlord a letter stating that you have found a sub-letter for you unit, provide the landlord with the prospective tenants information. Inform the landlord that the law requires landlords to accept reasonable sub-letters. you may want to set a date for leaving and let the landlord you are going and that you have no money and that he or she needs to find a new tenant.
      The landlord can try to hold you liable if unable to re-rent. The landlord can charge you for any additional cost associated with re-renting the unit. As for finding new units, it is much harder to find a rental if you have an eviction on your record.

8. Hello! I moved into my apartment May 2017 and started set up a People’s Gas account as stated in lease. A couple of months ago it was brought to our attention that there was a “delinquent” gas account in the building and someone wasn’t paying. Our building has units labeled “1 2 3 4.” I am in unit 2, so when calling People’s Gas I said I live in unit 2, and that’s what they turned on. Unfortunately, People’s Gas has our units labeled “garden 1 2 3,” so they turned on the meter for the unit above ours, unit 3, and unit 3 just never started any gas account. Now People’s is coming after me for the difference in what what I have paid vs. what actual gas usage, about $1600. Upon doing some investigation, our management company was aware that People’s Gas and their own unit numbers did not match. They had told previous tenants, for example, who lived in unit three to state to People’s Gas that they live in unit 2.
   Did they violate any of my rights here?
   Is management company responsible for not providing me with correct meter number since they changed how units are organized? I took necessary steps to turn on what I thought was my meter with the information that was provided and now I’m stuck cleaning up their mess.

   1. Have you confronted the gas company about this? I am not sure this is a landlord and tenant issue. I would provide the gas company with copies of the checks and bills that you paid and tell them it is their fault and that you have paid your bill. You never agreed to pay for any unit other than your own.

9. Thanks for the info.

10. I have mice poop all over my closet and new tenant that landlord unaware of has been an issue with their drinking and not being respectful to me. Wakes me up all hours. I asked original roommate if landlord knew about subleaser she said no due to landlord wanting to do background n credit check. I have been in lease since May and new roommate for 2 months. I’m moving next month and don’t feel I should have to pay last month because of rodents and subleaser problem. So much stuff of mine I need to throw out due to mice

    1. I am sorry to hear about your problem, it sounds disgusting. The Chicago Residential Landlord and Tenants Ordinance allows tenants to withhold a portion of the rent once a the tenant has given the landlord a 14-day notice detailing the problem and informing the landlord that the tenant will reduce the rent if the problem is not resolved. Have you taken pictures and sent documentation to the landlord?

       Does the landlord live on the premises? Are you subletting from one of the tenants or do you have an agreement with the landlord?

11. I moved in May apartment has rodent problem. I’ve addressed landlord several times. He is letting me get out of lease. My original roommate sublease her room without landlord consent. New person has been an issue and what can I do? I’m moving next month and don’t feel I should have to pay last month rent

    1. Did you raise not paying the rent with the landlord. Is the early termination agreement, in writing? If not, be very cautious of not paying the rent as the landlord could decide not only to go after you for the rent but may try to hold you to the lease.

12. Our heater has been broken starting from last two weeks of December. Since then I have been living off of portable heater and the apartment has been trying to fix the heater. Last time I’ve talked to them in beginning of January, they told me the worst case would be that they would have to terminate the lease agreement to take apart the whole heating system.
    I have emailed them today regarding the condition of the heater and they have replied saying that it is best option for me to look for a new place to move to.
    In cases like this what are the rights of the tenant? Its mid January coldest time of the year in Chicago and I really do not want to move this time of the year.
    1. Is it possible for me to negotiate (rent price, date, etc) so that I can move on a later date?
    2. When the landlord terminates the lease agreement, are there any reimbursements for the termination of the contract, moving fees, etc.
    3. Due the right of tenants differ from different cities? I currently reside in Chicago.
    Any insight/recommendation for this situation would be great.
    Thank you.

    1. It is possible to negotiate an agreement for reduced rent. The best way to initiate this is to put your request in writing for a rent abatement. If the landlord wants you to move, you can ask for relocation assistance. The landlord can’t just break a lease unless there is a clause in the lease that would allow that. Many tenants ask for between $1000 and $2000 assistance. You can always call the City at 311 to request an inspection, if the landlord refuses to negotiate. The city should cite the landlord, probably fine the landlord and may require them to pay some relocation assistance.

13. The roof of the unit I was living in was at risk of collapsing, so repairs needed to be done. They first put in a temporary fix before fully repairing the roof which consisted of giant support beams that made about a quarter of my apartment unusable. When they came in to tell me what needed to be done, they said it would take a week and that there would be rent concessions. It ended up taking a month and a half and then they claimed they never said anything about concessions. Do I have any recourse now, or no because the problem is now fixed.
    Thanks

    1. I will assume that this is a relatively recent occurrence, less than a year. Yes you have some recourse. I would start with a letter to the landlord stating what happened when. For instance, when did you have the conversation with the landlord, when did the rehab begin and when did it end, do you have any photos of the rehab, description of how it impacted you and any proof of the imposition? I would inform the landlord in the letter that you expect some compensation or your will pursue legal remedies. If the landlord refuses, you will have to go to court.

14. We submitted a ticket to have our fridge looked at Friday 9/24 and on the ticket I selected that the worker is able to enter our unit with a key, someone came by and left a door hanger stating they came by, but did not use a key to attempt to fix our issue. We have since submitted another ticket to have the issue looked at because we now have spoiled food. Can we withhold a portion of our rent for this spoiled food? How are we able to get them to fix this issue in a timely manner? We emailed Monday, they said they would come by, did not, Tuesday they said they would come by, did not and now it Is Wednesday.

    1. This is a murky area of the law. I am not sure that you could consider a non working refrigerator an immediate danger to your health and safety. In most cases the Chicago law gives landlords 14 days to make repairs. If you had medicine that required refrigeration then it could be easier to make that argument.

       The squared away app would be a good way to begin documenting the problem. It will help you generate letters to the landlord as well as pictures that can help in the documentation. You can get to http://www.squaredawaychicago.com.

       Otherwise you begin writing your own letters and asking the landlord to resolve the problem asap or that you will hire some to make the repair in 14 days and will sue the landlord for damages which will include lost food.

15. Floor repair in my unit has been said to be impossible. Since that has been said, can i request a a reduction in rental in relation to fair rental value, or demand that if the same rent is to be paid that floor repairs be made? Toady is the 4th, rent isn’t late until after the fifth. Can I agree to pay the reduced rent within 5 days? Can I agree to only pay full rent after the management company agrees in writing to floor repair? Please help.

    1. You cannot do a unilateral reduction without first providing the landlord with a 14-day written notice demanding the repair and that if the repair is not completed withing the time period then you can reduce the rent to reflect the diminished value of the unit. I am not sure what the problem with the floor is and also cannot imagine a problem that cannot get fixed. Is the floor too dangerous to walk on? If the problem makes the unit not reasonably fit and habitable, there may be other steps that you can take.

       You can also negotiate with the landlord to reduce the rent and if you both agree to a reduction then it can go into effect immediately.

16. My girlfriend has been in her apartment in thr city of Chicago for 5 years. When she signed the lease it was year to year…however for the last 3 years she hasnt been under no lease and been paying month to month. On June 19th she put in her 30 day notice to her landlord as we just purchased a new townhouse. He landlord upon receiving that called and told her that the letter only applies from July 1st to the end of the month and can not honor it being thr 19th thus she still has to pay a full months rent for the month of July.
    By law is does he have a right to make her pay the full months rent? And two if she doesnt pay for that month will she be sued and or liable for that months rent when she not living in the apartment and moved out or liable when he has the security deposit?

    1. In general, if there are not provisions in the written agreement stating otherwise, on a month-to-month agreement the tenant or the landlord must provide 30 days notice prior to the beginning of the rental period and cannot terminate an agreement mid term. So if you you rental period is from the first to the first then you would have to give 30 days notice prior to the end of a rental period which in this case would be the last day of the month. Failing to to do that the landlord could hold you liable for the full month. The landlord is required to try and mitigate your damages which means renting the unit for teh 11 days. You are only liable for the time it remains vacant. She can be held liable for anytime the unit is vacant and the landlord could sue her or take the money from the security deposit. if could potentially harm her credit. Has the landlord paid interest on the security deposit. If the landlord does not live on the premises then every year the landlord must pay interest. There are penalties for failing to do so. You could use this a a negotiating chip.

17. We are moving out and our landlord refused to do a move out inspection with us present. Out lease is up May 31st and he wants to do it June 1st, however he says that we cannot be there because it is outside of our lease dates. Is he acting in bad faith?

    1. I would be very suspicious. y suggestion would be to take pictures of everything so that if there is a disagreement then you can contest it. it is up to the landlord whether to invite you in at that point. I would document his refusal to allow you to participate in the final walk through.

       1. When moving out, when do you have to move out by? My lease expires 30th July 2017. They want me out by 11am. But I can only move into the new place on the 1st. Is it not normal to do all moving on the 1st of the month? As in you move out of your old flat in the morning and into the new flat in the afternoon?
          Can I please get some advice.

       2. What does your lease say? If the lease states that it expires at 11 am on July 30 then it does. If it does not then it is yours for the full day. You could always ask your landlord for a couple of hundred dollars if they want the apartment so badly.

18. We paid rent then 4 days later the landlord calls an says he has sold the building, we have also been living with leaks in our ceiling for about 8 months. Please tell me what money im entitled to!

    1. I am not quite sure what you mean by your question “what money are you entitled to.” Under the law the landlord is under no obligations to inform you of their plans to sell the building. The landlord must transfer the security deposit to the new owner. if you have a lease, the lease remains valid until the end of the term of the lease. As for the leaks, the first step is to inform the landlord of the problem. You can use our http://www.squaredawaychicago.com app to help with the documentation and composition of the communication. If there is a new owner, already in place then you should inform the new owner. The landlord must keep you informed as to the contact information for the new owner.

19. I live in a majority subsidized building that is currently being remodeled. I have been asked to move because the new owners need the building to be %100 low income. I was told that because I make a certain amount a year that I need to relocate. I feel that this is discrimination. Let me elaborate more. The building was currently being run by a non profit. What they did was transfer ownership to a non profit with a different name.I raise these questions because I just watched a program on Frontline that best explains how this works.

    1. I did not see the show so I cannot comment on that. Do you have a lease? If so then the nonprofit must honor the lease. Under Illinois law, a landlord does not have to have a reason to evict a renter. So any landlord can tell someone to get out by providing the renter with a 30 day written notice terminating the month to month agreement or at the end of the lease. Landlords are allowed to make rental decisions based on income. Have you gone to the manager and asked to meet to see if there is any way that you could stay. Any request to move must be in writing.

20. My landlord has just provided me notice (48 hours advanced) that between 9am-6pm for the following work week (Mon-Fri) maintenance will be entering my apartment, tearing the pipes from my bathroom, replacing said pipes, then patching the walls. Although this seems like routine maintenance/repairs, it effectively dispossesses me from any use of the bathroom as the water will be turned off (and, in my opinion, the whole unit as it is a small studio apartment and if there’s construction going on in the unit its going to be noisy/uninhabitable) for that time frame. Do I have any remedies? Aren’t they required to provide me with a livable space? Can I deduct any amount from my rent? Their repairs are rendering my apartment basically unusable. I would be more understanding if it was a day or two with a limited time frame, but this an entire week for 9 hours a day.

    1. My first question is this a necessary or agreed upon repair. The reason that I ask is because the law states that the landlord has the fight to enter your unit to make repairs of that nature. If landlord is remodeling the unit and the building then you might be able to contest that. Have you asked the landlord for compensation? That might be the place to start? Is there any chance that you will be traveling in the near future? Maybe the landlord would be willing to wait until then? You could always deny the landlord permission to enter, but then you risk getting evicted but if you want to move that could be an option. As for deducting money from your rent, I would be cautious about that. The law is more vague on that and for the most part requires written notice on your part.

21. My landlord said he would allow us to stay one extra day past the written end of the lease agreement notice. Is there something the landlord needs to put in writing to make official so there are no penalties, fees, rental obligations or anything wrong?

    1. Yes, it is always best to have any agreement in writing. You might want to start by sending the landlord a written summary (email?) of the agreement and ask him or her to confirm. In the agreement make sure that everything is spelled out.

22. I have lived in an 1 bedroom apartment for almost two years now. i started paying 1050, then raised to 1175 and is requesting 1250 for the upcoming renewal. I paid a $450 move in fee. After moving in, I have sent multiple requests to both the property manager and his list of “contractors” which in the lease he asks us to reach out to for certain repairs (locksmith for new locks/keys, plumber, GC for small repairs). I have asked for the following fixes multiple times and have digital correspondence of the property manager stating he would take care of the items and failing to do so. One time the GC came over but said the manager wouldnt pay for the request and offered a jerry rigged option.
    1. internal stairwell lighting has never worked properly at night on the 3rd floor and 90% of the time the entire stairway is unlit at night making 3 flight walk ups difficult and dangerous
    2. living room ceiling fan/lamp continuously blows out 3 of 4 new bulbs within days of replacing even though the correct bulbs are used.
    3. Refrigerator leaks water and fails to maintain temperature when filled over 50% with items.
    4. AC takes up to 12 hrs to cool the apartment just a few degrees (it is the only unit that looks like its from the 60’s, all others are modern)
    5. all windows do not have proper working locks and most do not have screens
    6. an attempted robbery happened last summer while i was asleep, burgler lifted a cracked window on the north side which touches another building and where the fire escape is. took off when i woke and yelled – did not see the individual but many residents complained of similar activity. after this event, i asked for the window locks to be fixed for which the contractor simply offered to put screws in the frames so they could not be opened enough to climb through and refused to consider screen replacement. the back stairs lighting (which was already poor) was also knocked out during this incident had as never been fixed meaning the entire fire escape/back staircase and alley is always completely dark.
    7. the back stairs are littered with pigeon droppings attracting many bugs, algae/mold causing the wood stairs to be slippery when rain or snow covered. have asked multiple times and even offered to do the power washing for free if provided the equipment but its never been done.
    8. intercom system does not work so the only way a visitor or delivery can notify us is by phone and i have to go down to let them in. delivery services are often missed due to this.
    9. tenants with dogs allow them to defecate in the back alley and dont clean up after, leading to rancid smelling piles covered in swarms of flies.

    i told him i would sign this upcoming renewal only if these things were finally taken care of for which he replied that they would be fixed this spring whether or not i sign the lease. If i sign the lease and he fails to take action, do i have to make additional requests or can i use that statement in email to justify breaking the lease? or any other suggested actions for me to take?

    1. First the state of Illinois prohibits cities like Chicago from implementing any forms of rent control. State Representative Will Guzzardi has introduced legislation that would remove this ban and allow cities to pass laws. Please call you legislator and ask them to support the law HB2430.

       Landlord are required to have working lights in the stairwells. The lights are probably an electrical problem which is a violation of the building. While refrigerators are not covered in the law, if they are provided by the landlord they need to be maintained in working order. AC is the same the as the refrigerator. Defining proper working order could be an issue. If your window is less than 20 feet from the ground (or within 10 feet of an adjacent roof, outside stairway, fire escape, ramp, or porch which can be reached from the ground), then it must have a SASH LOCK It must also have a lock which allows it to open 4 to 6 inches and then lock in that position. This is called a VENTILATION LOCK. The stairs should be kept free of refuse and garbage. No laws really governing snow removal. Intercom if provided should be working. If the back alley is not a part of the landlord’s property then the landlord is probably not responsible.

       If the landlord does not fix the problems and has agreed to in the lease you can hold the landlord to the agreement. You did not mention if the landlord lives on the premises. It will make a difference as to how you can handle the situation if the landlord does not make the repairs. In any case, I would suggest documenting all the problems with photos if possible. You can use squaredawaychicago.com to do this. The app will also help with writing letters to the landlord. If after giving the landlord proper notice and the repairs are not completed you can either hire someone to fix the problems or reduce the rent. You need to state which of these you will do in the letter. Once again squaredawaychicago.com can help with this.

23. I am trying to break my lease on the ground the landlord did not provide me with a copy of the RLTO. Is that legal

    1. If the landlord does not live on the premises, then you can terminate a lease if the landlord did not provide you with a summary of the ordinance.

24. We have had several issues with our unit since we moved in back in June. We have a lot of concerns with our unit. Leaking dishwasher, warped floors, structural concerns, HVAC and furnace issues and now currently no hot water. We have documented emails. for our current issue with no hot water we reached out to the emergency line and there was no sense of urgency for them to reply. What can we do and what type of action can we take against our property management company? Thanks!

    1. Is this problem limited to just your unit? The law allows tenants to write a 24 hour notice to the landlord and inform the landlord that if the issue is not fixed within 24 hours then you will hire someone to fix the problem and deduct the cost from the rent. You cannot spend more than a month’s rent to fix an essential service.

       You can also call 311 and file a complaint.

       The law also allows the following:
       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 each month or portion thereof of noncompliance as prorated.

       In addition to the remedies set forth in Section 5-12-110 (1) (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.

25. If a landlord rents a unit to a person and the unit is actually occupied by a relative of the leaseholder that does not appear in the lease, what can the landlord do?

    1. I am not sure what you question is.

26. Question: If a tenant is arrested and is found in violation of probation or parole and is sent to prison to serve out the remaining sentence, how long does the landlord have to hold the unit before terminating the lease? What type of notification needs to be given to the tenant, etc.

    1. There are a couple of ways this can be handled. The first is did the tenant provide any written notice of ending the tenancy and did the tenant say what was to be done with their belongings? If so the written directions can be safely followed.

       If there are not written directions then, the landlord will have to follow the abandonment provisions of the Chicago Residential Landlord and Tenants Ordinance. Here is what the law states:

       (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 or 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.

27. I have been having heat issues with my unit in which the landlord supplies the heat this is the third or fourth time this month can I with hold my rent I have been using my stove and heater to keep unit warm can I withhold my rent this month til this problem gets fixed properly

    1. First I would say that it is rarely correct to withhold the entire amount of the rent. Our experience is that tenants who withhold their entire rent end up evicted because most judges are going to say that the unit has some value.

       I am assuming that you are covered by the Chicago Landlord and Tenants Ordinance. If you are the law states regarding heat:

       (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

       The law requires the landlord to provide heat at 68 degrees. It also allows for tenants to deduct the cost of space heaters. If the landlord fixed the unit and then it broke down again, the may require that the tenant put in writing each time heat is not working. If you have not written a letter, you cannot reduce the rent. Once you have written the letter it is only for time into the future. If you want to go after the landlord for past times that you have suffered without sufficient heat, the safest recourse might be to sue the landlord. As always in cases like this one, it is best to consult with an attorney

28. I have really loud neighbors, me and other tenants have complained to the management.
    Management are not doing anything about it- it’s frustrating- what can be done ??

    I did not notice until now that the units surrounding that one loud neighbor were empty- so everyone complaining now stays in those units- and the loud neighbor is on some type of program where they stay there for free-

    1. Is this a subsidized unit? When you say loud what do you mean? Music? yelling? Kids? pets? Does the person have some sort of disability?

       Noise is a difficult issue to deal with. One suggestion could be is to write a letter to the manager from all the tenants impacted by the noise and demand a meeting. You could also try writing a letter as a group to the owner of the building or the management company complaining about the problem. Is the tenant violating the noise ordinances, if so you may be able to engage the police. Finally, suggest to the owner to get some sound proofing for the unit.

29. Hi, my landlord never had me sign a lease- I’ve been there for 12 years. I’ve had numerous issues with water leaking from my ceiling in multiple spots throughout the apartment and they were barely patched up. Then, at least four different times there was no hot water for anywhere from 4 days to 2 weeks. I had enough and found a different apartment to move into… 2 days later I told that landlord that I was moving out and now he is pushing to show the apartment to another person and demands that I be out every day. I told him that I’d be ready to move out on October 1. Since then, he’s told me that no money would be taken off the rent for not having hot water for 14 days, and that the apartment needs to be ready to show immediately. He just left a typed letter under the door saying he needs to gain admittance. Don’t I have 30 days to leave? Is what he’s doing legal? Thank you!

    1. My first question is do you have a security deposit. If so you will need to prepare yourself by documenting the condition of the unit as you leave it. I would take multiple photos. MTO’s http://www.squaredawaychicago.com app can help with this process.

       Have you provided the landlord with written notification of your intent to leave? If not, you should do that and refer back when you first gave the notice. The law requires that tenants and landlords provide 30 days written notice to terminate a month-to-month agreement.

       If the landlord does not reside on the premises, the landlord is required to pay interest on the security deposit.

       The landlord has the right to enter your unit at “reasonable” times to show the unit or to make necessary or agreed upon repairs. The landlord is required to give 2 days notice of their intent to enter except in the case of emergencies. Showing the unit to a prospective tenant does qualify as an emergency.

       The landlord cannot terminate your lease early nor ask you to leave so that he or she can make repairs. Yes you get to use the unit until the lease ends.

       As for the fact that you were without hot water for significant periods of time, you should receive some sort of compensation. At this point, unless you and the landlord can work something out, you will have to sue the landlord to get compensation.

       Finally, if you did not provide a 30 day written notice to terminate the lease, I would ask did the landlord provide you with a written summary of the Chicago Ordinance. If not then you can terminate your lease by sending the landlord a notice stating you are terminating the lease because you did not receive a summary of the ordinance.

30. 88 days after I moved out of my last apartment, the manager sent an email with a bill for cleaning fees to the amount of $95.00. I disagree with this charge; I took great pains to make sure the apartment was immaculate when I left. However, there was no security deposit, so this situation does not fall under the Chicago RLTO. Is there another legal avenue to dispute, or another ordinance/statute to reference? Thank you!

    1. I would start by sending a letter to the owner stating that this must be in error that you left apartment in immaculate shape. If you took any pictures then I would include those. I would inform them the law is that you are only responsible for damage to the unit. There was not any damage and you returned the unit to its original condition less normal wear and tear.

31. The only window in my bedroom that opens has been off the frame and the seal has eroded away (long before I moved in). The previous tenant used electrically tape to drown out the outside noises. I first reported this issue within two weeks of moving in back in Dec’ 2015; now September 2016, I am told by the broker I have to wait until he returns from vacation in late September and he will try to get the contractors out there again. Please note, I have multiple emails and phone calls on this since I first reported with no avail until last week when the contractors told me my broker didn’t answer his phone so they didn’t show up. I have not been able to sleep with the noise each time the next door fire trucks depart in the evening or any excessive outside noise that you can’t hear in the living room where the windows are correctly working. Are there steps I can take against my landlord/broker? At this point I’ve gone almost my entire lease with broken sleep and have multiple sicknesses reported. I can show on my fitbit the number of times I wake up nightly because of this.

    1. I am assuming because you are dealing with a management company that the owner does not live on the premises. Of the landlord does reside in the building then different laws may apply.

       As to what you can do. You can send the landlord a letter that details the problem and give the landlord 14 days from receipt of the letter to fix the problem. If the problem is not fixed within the 14 days you can take one of two actions and you will have to inform the landlord in the 14 day notice of which action you will be taking.

       Action #1 is hire someone to fix the window and deduct the cost from the rent. The cost of the repair cannot exceed the greater of $500 or one half month’s rent. Once the 14 days passes, you can hire a professional to fix the window and then deduct the cost of the bill from your next rent payment.

       Action #2 is to reduce the rent to reflect the diminished value of the unit due to the repair going uncompleted.

       The other potential action that you take is to call 311 and request an inspection.

       If you need help with the letters and documentation of the problem, you can go to our web app http://www.squaredawaychiago.com.

32. My brother and I signed a APPLICATION for an apartment we were looking to move into on July 13th. At the time the application was signed we were told that the rent would be $1125 a month and we also gave a security deposit of $600. After the security deposit was cashed, our background check, and such was cleared we were then told that there was rental increase and the new rent would be $1175. We asked if we would still be paying the $1125 since that is what we were quoted when we signed the application and gave over the security deposit and was told “no and if we decided to not live there due to the rent increase that our security deposit would be forfitted.” We have yet to sign a lease. Can they up our rent and keep the security deposit if no lease was signed? Anything else that they did wrong?

    Thank you for your input in this matter,

    Trisha Brown

    1. When you signed the agreement or gave them a security deposit did they have anything in writing as to what the rent would be. Was there an add in the paper with the rent? Documenting verbal conversations are difficult so if the entire discussion was verbal there maybe problems. You mentioned that they said there was a rental increase. A landlord must provide a tenant with a 30 day written notice that coincides with the rental agreement to raise the rent. What did the landlord send you in writing? In order to challenge the rent increase you will need to have documentation. Did the landlord provide you with a receipt for you security deposit? Has the landlord provided you with a summary of the landlord and tenants ordinance. If not you maybe able to get out of the lease.

33. My condo has water leaking from ceiling.
    The above unit owner did not response to our request for our plumber has access inside his unit to check. I either ask Management Co. help.
    Everyone keep quiet.
    What should I do? Are there a law to protect residents and damage properties out there?

    1. There are laws regarding maintenance issues as you described. You will have to contact the owner or agent. You can start with a letter and photo showing the problem. Our web app http://www.squaredawaychicago.com can help with this process and has pre-written letters that you can use. You will have to give the owner 14 days to repair the problem but you could reduce the rent to reflect the diminished value of the unit.

34. What do you do if you deployed overseas, landlord sells building, your lease ends at the end of the month and the new owners won’t renew your lease and wants you to move… 10,000 miles away?

    1. Have you emailed or written your landlord? I would inform them of the situation and see if they can wait until you return. I believe there may be some provisions in the military benefits provisions. You may be able to get an attorney to help slow down the eviction process until you return. I would start with a letter to see if the landlord will voluntarily wait. http://www.military.com/benefits/military-legal-matters/scra/scra-rental-and-eviction-protection.html

35. So my roommate and I signed a lease earlier this year for a basement apartment. We needed a third roommate so we asked a friend to join us as a subletter. She was only with us for 20 days when she let us know she was moving out. I want to keep her security deposit for lack of notice, but am wondering if I might have an issue with that because my landlord does not know I’m subletting and I didn’t put the security deposit into a special account as I’ve read is required for landlords. What options do I have?

    1. This sounds very similar to a different question I answered. There are several parts to the question. First, about the whether the landlord needs to be informed. What does your lease state? Some leases require that you inform the landlord. The landlord could hold you accountable for violating the lease. Secondly, even if you violated the lease, you would still have a landlord and tenant relationship with the sublettor. This means that you and the sublettor must follow the Chicago Landlord and Tenants law as well as state laws that govern the relationship. It is good that you put the security deposit in a separate account. The rental laws do require that a landlord or a tenant provide 30 days written notice to terminate an agreement. It does not sound like the sublettor provided you with a 30-day notice. The notice has to 30 days prior to the beginning of the rental period. In that case, the law still requires you to try and find a new roommate. You could deduct from the security deposit, the amount of rent for the time the unit remained vacant. Another option is to negotiate a settlement. I am not sure what happened between you and your friend, sometimes it is best to figure out what is in each of your best interests.

36. I recently moved out of an apartment where there was no written sublease. I was subletting under her and one other master tenant and found out after the fact that this sublease had not been approved by the property owner. I gave my roommate notice on the May 9th. We moved into the apartment on April 11th and started paying rent on April 28th.Following my notifying her that I was leaving, she informed me that she would not be returning my security deposit because 1) I didn’t give 30 days notice and 2) due to the stress she ‘endured’ in having to find another tenant. Can she lawfully keep my security deposit?

    1. It does not matter that there was no written sublease. You still would be considered a tenant.

       As for the security deposit laws: When you are in a month to month agreement, the alw requires tenants and landlord to provide a 30 written notice prior to ending the agreement. The notice is supposed to be given 30 days prior to the day beginning of the rental period. It seem like in the case above the rental period is going to be from the the 11th to the 11th or from the 28th to the 28th. It could be from the 1st to the 1st. So if it is from the 11th to the 11th.

       So a tenant is required to pay rent for the entire month of their stay. So lets say that your rental period is from the 11th to the 11th. Then when you gave notice of termination it meant that you would be leaving on June 11. It also means that you have to pay rent for May 11 to June 11. If you did not then the roommate may be able to keep the security deposit to pay for the unpaid portion of the rent.

       If you paid rent for that period then the landlord/leasor needs to return the deposit. There is no such thing as keeping a deposit for the stress that the leasor incurred. Also has the landlord/leasor re-rented the unit? If yes then the landlord can only charge you for the days that the unit was either inhabited by you or vacant. The leasor can only charge for costs which could include advertising costs if the you did not provide proper notice.

37. Hi there,

    I am a tenant in a 5-unit, owner-occupied building, non-RLTO. I run an AirBnB, which is sanctioned by my landlord. I allowed a friend to stay in the house in Feb, as there were no AirBnB guests, with the provision that he leave when a long-term AirBnB guest arrived. Long story short, paid guest arrived, dude won’t leave, he’s not on any lease, doesn’t have an address here, and doesn’t pay rent. He’s also cause serious problems for my AirBnB guest. Hes been asked to leave and told it is against my wishes and the landlord’s wishes. Still nothing.

    We consulted with an attorney who said that the unwanted guest had no claim to property, and could have his stuff tossed on the curb and locks changed, for reasons listed above and non-RLTO status of the building.

    To be nice, we gave him a formal letter with a time limit to vacate the premises (10 days). Of course, he’s still refusing, ans saying it’s against the law. I firmly believe he is wrong. Should I just call the police and have him removed?

    1. I am sorry to hear about your “friend”. I would talk with a landlord and tenant attorney. What did your letter state? There may be a possibility that you created a landlord tenant relationship in the letter. Another question has the tenant paid anything ie utilities, food for you, anything that could be considered rent. Why has it taken you so long to get the person out? In general, once a person stays past 30 days, there is a possibility the person could be considered a renter. This could include an AirBnB user. As to your question about calling the police, I am not sure how the police will react. They may not want to touch this situation.

       Another suggestion which may not seem fair but may be in your best interest is give the guy a couple hundred dollars to get out. I would of course have him sign something stating he has left and it not returning.

38. Hello,

    I signed a one year lease with my landlord, and now my girlfriend and I both need to move out earlier than expected, exactly 2 months earlier as dated as listed in the lease. I contacted my landlord two months to let him know that I would need to move out and we agreed that he would attempt to look for someone to take over the lease. Fast forwarding one month, someone is interested in the apartment and come to find out, quite literally the day before we are supposed to move out (via the landlord) that she cannot move in when she is supposed to and that we will be held responsible for the upcoming month. After informing this to the two of us, the very same we were actually moving out, the landlord does the walkthrough with us and eventually cut a check with whatever was left from the deposit after subtracting the one month’s rent. I handed my set of keys, now my question is do I have the right to come back to the apartment for the month, in which I paid for, in spite of being moved out? I honestly wanted to let a friend live there for one month and make up for some of the financial loss that I ended up suffering. But, the landlord told me that this is not possible as I already moved out.
    p.s. he only had me sign the lease and my girlfriend never signed anything.

    1. There are several things that are going on: 1. you turned the keys and received the deposit back which would tend to indicate that the lease is over and you cannot return. 2. The landlord denied the sublettor. Do you know why? The landlord has to take any reasonable sublettor. You could contest the situation on this point. 3. I am not sure what your lease states regarding guests. I cannot answer whether you could have someone for a guest for a month. 4. I am not sure if the landlord lives on the premises and if you resided there for longer than 6 months, if not did the landlord pay you interest on the deposit. This could be another way to negotiate with the landlord to get the full deposit back.

39. I have lived in my unit for three yrs now. I was never asked to redo a lease … I was just asked to redo a lease with month to month and rent went up 200 bucks.. From my old lease it says I get laundry, parking, and a weight room .. I have never got the parking stop and the weight room is now used as a sleeping room in a community room in the basement ..

    I rented this unit for them three things .. I think landlord trying get me out so the family living in the basement back room can move in.. Is there anything I can do? And can someone live in the basement right outside my back door and block it with boxes and junk?

    1. Hi Sam,
       What do you want to do? What does the new agreement say in regards to the weight room, parking and laundry room? When you say block your door with boxes of junk, what do mean? Can you get out the door? If not, that could be considered a fire hazard. You should have 2 ways of exit from your apartment. Does the landlord live on the premises? It sounds like the landlord may be getting ready to sell the property.

       There is not much you can do about the rent increase. The Illinois legislature prohibits rent control. I would say that $200 is too much. You can make a counter offer to the landlord and use the fact that you did not get the exercise room and parking as a way to negotiate. Legally if you have not complained in all this time about the loss of services, it will be very hard to do so now. I would see if others in the building received such a dramatic increase.

40. Hi –
    I am preparing to send in my 30 day notice to terminate my lease with my landlord due to numerous complaints about the windows, screens, as well as other items not being repaired in a timely manner. I provided a 14 day notice last week requesting that the repairs be made or I would choose between 3 options per the RTLO. My lease does not end until the end of Aug 2016, but I need to move now (no ventilation, bugs, etc.).

    I did not pay a security deposit when I signed my lease. I paid a move-in, move-out and 1st month’s rent. My lease does not specify a cancellation fee. Would I have to pay any additional rent or cancellation fees if I terminate my lease now? What is landlord entitled to in this case?

    Thank you in advance.

    1. Joy,

       If you terminate a written lease according to your right under the RLTO, then you do not have to pay rent for the period after you vacate. However, that doesn’t bar the landlord from challenging you in court and suing for the “unpaid” portion of the lease. If the landlord were to sue for the rent, you would assert as your defense that you lawfully terminated the lease pursuant to your rights under the RLTO, and you would provide the documentation to prove it. The landlord may not come after you at all, but so long as you are aware of the risks, and making the proper documentation, you are within your right to terminate the lease if the problems make the apartment not reasonable fit and habitable. You should always take pictures if possible, and send them with the notice. Always make a copy of anything you send and keep it for your records. Keeping a paper trail of your actions is important. That’s why I strongly recommend using our free renters app to take photos, and create a timeline of events for your records. You can easily create letters to send to your landlord and find other tenants rights information there. Sign in at http://www.squaredawaychicago.com Feel free to call our hotline between 1-5PM Monday through Friday at 773-292-4988 as well.

41. Our Chicago landlord has purposefully turned off the A/C unit which has lead to in-unit temperatures in the high 70s even though the temperature outside is much milder. These temperatures are literally making the units substandard and uninhabitable – making it impossible to sleep at night which is affecting work, etc. Despite the numerous complaints by residents, the landlord is saying they are not required to provide A/C – but according to the RLTO ordinance they need to maintain certain temperature levels within specific periods of time (below). Also, the landlord presented the units with A/C to would-be renters. In my opinion the landlord is purposefully creating this substandard and unhealthy environment so they can save money and meet their “green” LEED status. Any advice and support on this issue would be appreciated.

    RLTO: The following average temperatures must be maintained throughout the entire apartment: 68 degrees from 7:30 a.m. to 10:30 p.m. and 63 degrees from 10:30 p.m. to 7:30 a.m.

    1. There are no laws that govern maximum temperature. What does your lease state regarding AC? If the landlord provides AC then the landlord must maintain all appliances that they provide. This would include the AC.

       Are you on a lease or a month to month agreement. If you are on a lease, the landlord cannot just change a term of the lease until the end of the lease. The landlord cannot just turn off the AC. If you are on a month to month the landlord can give a 30 day notice to change a lease term which would include the AC. If you have a lease, you could potentially give the landlord a notice giving the landlord 14 days to fix the AC and if it is not fixed you will purchase a unit and deduct the cost from the rent You can only deduct half of your rent.

42. My probelm is I have been renting a single family home for 3 years. After my first year lease term was over there hasn’t been another signed lease. I have been continuing to pay rent on time since. Now I recently got an opportunity of my dream job. So I have no choice but to move out. There was also no agreement of a month-to-month.I contacted my landlord and told him and he replied we can come up with an agreement. Days later he returns my call and tells me that he won’t return my security deposit back until I pay him rent for the month in which I will be moving out. His house not damaged besides the normal wear and tear. I have been a good tenant and I just want my security deposit back.

    1. It sounds as if you are under a month to month agreement. The law for terminating a month to month agreement is that either party has to provide the other with a 30-day written notice ending the agreement. The 30 days should coincide with the rental period.

       The law does not allow renters to live out their security deposits. Tenants have to pay rent for the time that they live in the unit. If you do not pay rent, then the landlord can issue the tenant with a 5 day eviction notice to pay or vacate. If the tenants does not pay during that 5 days then the landlord can proceed to eviction court. It is highly unlikely that any eviction would actually take place in less than a month’s time. You as the tenant could end up with an eviction on your record which could make it difficult to rent.

43. I am not renewing my tenants lease. What steps must I do to be compliant in the city of Chicago?

    1. Hello Ed,

       In order to terminate a tenants month-to-month lease, or in order to properly opt out of renewing a tenants written lease, you need to give the tenant at least 30-day notice in writing. This means the notice needs to be given to the tenant at least 30 days before their next rent payment is due. If you have further questions, send us an email using our contact form. We also suggest using squaredawaychicago.com to communicate with tenants and keep track of your units!

44. Upon signing the lease, I did not receive the Chicago RLTO. Within the body of the lease declarations it says that I acknowledge receiving a copy of the Ordinance, but I have never received one. Can I hold this fact against my landlord? I am looking into terminating my lease before it expires.

    1. I would consult with an attorney prior to terminating the lease. If you write the landlord a letter stating that you did not receive a summary and then terminate the lease and then leave. I would ask what will happen if the landlord decides to take you to court to sue you for the time the apartment is vacant. A judge is going to have to decide who to believe. If the landlord says that he or she provided the lease and you are saying that you did not and you signed something sating that you received the summary, I wonder who the judge or jury is going to believe. Maybe there are some other ways to document that you did not receive the summary. Maybe you could could get every tenant in the building to testify that the same thing happened to them.

45. Can you please offer any input/remedies for the following situation?

    We rent a SFH in Chicago. Our landlord inherited her childhood home when her mother passed away and subsequently rented it to my family. I believe her personal attachment to the home impairs her ability to carry out her landlord duties in a professional manner.

    We advised her last Friday that our bathroom drain was completely clogged and sewage was backing up into the tub. She said she would sen a plumber on Saturday, but did not. On Monday she called and said the plumber was coming and that she would go let him into the house because we were at work. To my surprise, when I returned home from work in Monday, it appeared she ha not only let in the plumber, but also let in herself. It appeared she must have spent several hours rearranging my personal belongings and cleaning my basement. On Tuesday, without our knowledge or consent, she returned to our house while we were at work and removed some shelves from our basement.

    What are our rights in a situation like this? We have suspected similar entries in the past, but could not come up with any proof.

    1. The law regarding landlord entry is the landlord must notify tenants two days in advance of their intent to enter and that the tenant needs to provide the landlord with reasonable access. Here is the law.

       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 tenant̓s 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 or 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 Council Journal of Proceedings, September 8, 1986, page 33771)

46. Wondering about a landlord changing a building over from smoking to non-smoking. Can they do it if you have an active lease that allows for smoking. Can a ban be put in place at any time, or can it only be done upon lease renewal or never? Thanks!

    1. What does the lease state about rules and changing rules? If nothing, then the landlord cannot change rules until the end of the lease.

47. We live in a 3-flat building and have been there for almost 6 years. Our landlord, who doesn’t live in the building, hasn’t had us actually sign a renewal lease for the past 3 years, just usually a quick call a few months before our lease us “up” to see if we are staying. We are house-hunting and I’m curious if do to the lack of signed paperwork if we are automatically in a month-to-month situation and how to manage potentially breaking our lease a few months early if we find a house.

    1. Was there any type of verbal agreement to stay for another year. If so the landlord may be able to make such an argument. You can also make an argument otherwise. If there was nothing said about renewing the agreement for another full year then you are just on a month to month agreement.

48. Hi.

    I’m in a situation where my roommate and I have been threatened by our landlord to leave our apartment due to past due rent. I’ll admit we’ve been behind for quite some time now because my roommate has struggled to maintain steady employment. However, we have never been no more than a month behind. Not to mention our landlord has refuted and ignored several requests to make necessary repairs in our apartment. We are dealing with a window that has been out of frame since we’ve moved in 3 years ago I believe, a doorbell that doesn’t function, heat that does not run properly for the past 2 winters (goes on yet only occasionally emits heat. Majority, it comes on yet produces no heat and eventually cuts off after a few minutes), a nearly broken sink, short-outs in several electrical sockets, no signs of any fire extinguishers in case of fire and a basement in the building that has been flooded with sewer back up on more than 1 occasion with nails and wood all over as if there’s an incomplete construction project. Keep in mind, we’ve been dealing with these conditions almost since we moved in. Can we prevent from possibly evicting us for rent when he has failed to make decision on maintaining the apartment and most of the surrounding premises of the building? Please let me know. Thanks.

    1. First it is illegal for a landlord to evict a tenant without first going to court. As for stopping an eviction due to repair issues, you will probably need the assistance of an attorney. In Chicago, judges tend to more sympathetic to landlords especially when a tenant is behind in rent. You mentioned that you have been behind in rent for a while. What has changed? It is best to document all the repair issues and to demand that the landlord make the repairs. If the landlord makes the repairs and you remain behind in your rent, the landlord will most likely be able to eviction. If you can find an attorney who will take this case, you will may be able to make the argument that you have been over paying rent for the past 3 years and that if fact the owner owes you money. You will need the assistance of an attorney to make that argument.

49. My husband and I signed a 2 year lease, and have been here for only six months when we found out we must move out of state for my husband’s work. We are in a privately owned condo, in a highrise building. Could we be stuck with the remaining 18 months rent? We have no other option than to leave, which we never thought would happen thus the two year lease.

    I also happen to know our landlord has another unit, same size and layout, for rent which has been on the market for several months, dropping in price.

    Thank you the help!

    1. This is not an easy situation. You could try to sublet the unit. A landlord has to accept any reasonable sublettor. You could try and negotiate a deal with the landlord to let you out of the lease. If the landlord does not then the landlord must try re-rent the unit and you could potentially be held liable for the entire time that the unit remains vacant. My one other question is did the landlord provide you with a summary of the Chicago’s landlord and tenants ordinance. If not then the law would allow you to terminate the lease.

50. H John, I’m sure you’re probably busy but I would really appreciate an answer to the question I posted on 11/9. I’ve also tried calling Tenant’s Rights and was prompted to instead send an email, which I did, but no one replied to that either. I would really like to get an answer on this. Thanks.

51. My apartment building has a history of roof leaks/water damage; in fact, last spring it was raining in my living room. After several calls to the landlord, I was told they repaied the roof and that there would be no further problems. This past week I noticed that water damage has crept back into my place, this time the plaster on the ceiling and upper part of the wall are bubbling and the paint is coming off. I have no idea if there is mold (thought I would guess there is since there has been water coming in for years from what I’ve been told), but am wondering if the landlord still has to repair it if it’s just cosmetic – and how would we find out? I am planning to take pics this weekend and send to my landlord, but was just curious about my rights with respect to water in the apartment before discussing anything with them. Nothing of mine has been damaged. At this point it is simply bubbled walls and ceiling (unsightly and also annoying as I had the place professionally painted on my own dollar as well) and potentially mold, though that is just speculation. Any thoughts on this? Thanks for your help, John.

52. I am a first-time landlord. I moved out of state for work and moved back to Chicago earlier than expected. I want to take back my property from my tenants of whom were in a long-term lease (18 months).

    Do I have the right to terminate lease of my tenants early? What are my rights if I want my property back?

    Do I have the ability to at the very least, terminate the lease 60-days early? For instance, if my tenants were due to vacate by May 31st, 2013 can I terminate their lease in writing now, and say that they need to be vacated by March 31st?

    What can I do? I’m confused and frustrated. Thank you.

    1. I cannot answer that because I do not know if you made an addendum that allowed you to do such a thing. If not then you do not have any rights to terminate the lease early. If you want to terminate the lease early you might want to offer the tenants some compensation to move out early.

53. Hi, I just recently signed a lease to move into an apartment through an apartment rental agency. When I first sent over my application to the landlord, the cover page included a small list of things the apartment needed to be fixed, including providing a screen for a window without one, general cleaning; the extermination of insects and/or rodents if any; the replacement of a faulty/tattered bathroom mirror; the repair of an intercom/doorbell system; and the repair of the front doors’ locks. I visited the apartment today to get my keys from the landlord, and not only were none of my needs fulfilled, but I also was given the wrong keys to the unit (or the locks are so faulty that they just wouldn’t budge). I immediately called the landlord to notify him of the key/locks issues, but after several rings his phone went to voicemail.

    My lease begins tomorrow on November 1st, but I do not feel comfortable moving any of my belongings into my apartment due to the key/lock issues, let alone its general state. Can the landlord legally just disregard what I asked of him?

    What can I legally do to get him to uphold the statements I included on my initial application? And what steps can I take to ensure that he completes what I need him to do? This is my very first apartment, and I’m not sure how to proceed.

    Thank you,

    Gabe.

    1. It is good that you put your requests in writing. Have you signed the lease? Here is what the law states regarding the landlord’s failure to deliver possession.

       (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.

       It would be best to put things in writing to the landlord. If the landlord provided you with the wrong keys it is the landlord’s responsibility to fix that. I would start with the keys and demand that the landlord bring you the keys and that you will not pay rent

       1. I did sign the lease, after he accepted my application ( with the cover letter wirh my list) included. Thank You for responding so quickly. I will write out my needs again and inform the landlord.

          Thanks again!

54. Does anyone know if a letter to terminate the lease needs a signature? Would a typed name suffice? it will be mailed correctly.

    1. A signed letter is probably better. The letter should contain the name and unit address. Do any of the attorneys want to respond/

55. I’m sorry as I had just commented in “Apartment Repairs and Conditions FAQ” before realizing that this was the better forum for addressing my questions, for now.

    Seeking further clarification on
    EXCLUSION clause (a) dwelling units in owner-occupied buildings containing six units or less
    DEFINITION clause (b) “Landlord” means the …agent…

    Guessing that the property/building manager serving as an agent for the owner, is considered a “landlord” in this situation? He basically acts as the intermediary for landlord and tenants. The premise is a 6 rental unit building. Manager occupies what would be the 7th unit, which I’m not sure if that counts as a unit or not as it’s not a rental as I’m under the impression that the manager is working for landlord in exchange for the unit.

    Also how do I properly document that I was living in the unit if I’m not on a lease? Should a money order or record of personal check being cashed from my bank suffice? Which is a better form of documentation of rent being paid: money order or personal check? Would utility bills in my name to unit suffice? Should I send rent with Certificate of Mailing or with Delivery Confirmation?

    Thank you for your response and apologize if that sounds confusing because I’m just confused and just want clarity as prop manager has displayed very erratic and abusive behavior which makes me very concerned that I will be locked out of my apartment (or possibly assaulted) and want to know my rights. He made some pretty awful comments that I wish I could have recorded (does an audio recording count for anything in court?).

    Also, would emailing or the hotline be quicker? Nervous about having him trolling here but want to have situation addressed, asap.

    Thank you for any assistance.

    1. Owner occupied means the property owner/mortgage holder. Owner is not synonymous with landlord in this case. The manager of the unit is not considered the owner. In this case the property is covered by the landlord and tenant ordinance.

56. My landlord never told me the hows was in foreclosure prior to signing the lease. I actually had to find that out on my own 6 months later I want to terminate the lease by written letter. It says “no later than 30 days”. What does that mean do I have to stay the next month. Or can I leave in the next couple of days. He has also threatened to keep my security deposit for petty reasons. He did not tell me what account it was in. Can I include in the letter (if I must stay another month) that the security deposit be used as rent?

    1. The law states the tenant can terminate the lease by giving the owner notice and leaving within 30 days. You would be able to leave in less than 30 days. You will be responsible for paying rent for the time that you are there. If you you are going to be out in 3 days then give the landlord a 3 day notice. Make sure that you give the landlord sufficient time for you to get all your property out. If you give the landlord 3 days and it takes 5 for you to move out it could nullify your notice. The deposit issue is separate.

       1. thanks John. also I’m almost sure that he didn’t give me a summary of the RLTO. should i include that or will I be safer just using the foreclosure complaint

       2. I am not an attorney so do not want to give advice as to what is safer. The Chicago Landlord and Tenant Ordinance allows tenants to terminate the lease if the landlord fails to inform the tenant that the building is in foreclosure and it also allow the tenant to terminate the lease because the landlord failed to provide the tenant with a summary of the ordinance.

       3. also if someones name is also on the lease do they have to sign the letter as well. they moved out after one month, but ive been paying rent alone since then.

       4. It would be best. There is a possibility that if you do not pay rent then the landlord could go after the other person on the lease to demand payment. Also there is a chance that the other person could try and say that he or she lives there and wants back in. It is always best to have changes to the lease put into writing. Then there is always the question to what if the landlord does not agree to the change because all parties to a contract need to agree to the change.

57. Myself and another individual have been living in an apartment on the North Side of Chicago since the end of August. We need to break the lease due to several issues:
    1. My roommate has lost her job
    2. I am unable to find a job with my degree in the area
    3. I have fallen ill. I was just in the hospital for 5 days.
    4. Since we moved in, we have struggled to pay the rent and have been late in paying every single time.
    5. I am moving back to my parents due to being ill and not having the money to continue to pay for rent. I am even quitting grad school due to being ill.
    6. The crime rate has increased. There are gang-related shootings right near our apartment at least once a month. We are afraid to come out of our apartment after dusk.
    7. Our apartment smells terribly from what we believe is one of our neighbors. Also, we have found some cockroaches in our apartment. Not enough to suggest they are from us.
    8. Our back door to our building was kicked in completely and was not fixed for at least 2-3 days.
    9. There have been other maintenance issues that we have asked the maintenance guy to take care of but he just ignores it.
    -These are just some of the reasons why we are wanting to break the lease. We did seek out free legal advice from someone, but we were unsure of what they were saying. I believe he had said that if we had not received a copy of the Chicago RLTO, that it was ground for lease termination.
    Can you please help us out? We need to leave the apartment, but we do not know what to do. Rent is due by November 5. We cannot afford rent this month. If we do not pay and we get the 5 day notice, should we just leave then and let the landlord terminate the lease? We are so confused.
    Thank you.

    1. Most of the issues you raised are not sufficient to terminate the lease legally. The law states if the landlord does not provide a tenant with a summary of the ordinance then the ordinance allows you to terminate the lease and you have to be out of the premises within 30 days from the notice.

58. My son lives on a month to month oral lease in a Chicago rental apartment in a building otherwise occupied by the owner and his extended family. He is current on his rent. After timely paying the October rent to the old owner told my son on October 1 the building had been sold and he would have to vacate at the end of the month. He got a phone call October 12 from the new owner who wants him out at the end of October so he can start making major changes. Does my son have to vacate on such short notice?

    1. Has your son received a written termination notice? The law requires a written 30 day notice. If your son has not received that written notice then he will not have to leave.

59. This is semi-complicated:

    The building I live in has a duel door system. The outside door (which was UNLOCKED) opened to a little entryway where the mailboxes are. Then there is a second LOCKED door that lets u into the rest of the units.

    Due to homeless people peeing and smoking drugs in the entryway, the management company has put a lock on the outside door. We now has lost access to our buzzer, which is on the inside, next to the mailboxes.

    We also have not been able to receive mail bs the Post Office does not have a key. Guests have no way of buzzing our units. We cannot receive packages from UPS.

    I have called the management co. that told me they are going to get the Post Office a key, we just have to wait. They said we are kinda s.o.l. about the buzzer bc the owner of the building doesn’t want to pay to have it moved to the outside.

    What can I do? I have called 311 and they are sending inspectors. I’m not sure what they can inspect when they can’t really get into the building unless they have someone’s number. Is it against any codes not to have an accessible buzzer so units inside the building can receive guests or packages?

    Thanks for your time 🙂

60. I moved out of a house at the end of August and was told over the phone by my landlady that there was mold damage beneath the kitchen sink and that she would be deducting money from my security deposit, claiming negligence on the part of me and my two roommates.

    She has not provided me with any written documentation like receipts for repair work (nor has she sent me my deposit yet) and since it has been more than 30 days since I have moved out, am I entitled to my entire deposit, regardless of whether or not I and my roommates can be deemed responsible for the damage?

    1. There are several issues here. It is impossible to provide you with good information without knowing if the landlord lives on the premises. Another question I would have is about the mold damage and how did it occur and were you aware of the problem. For instance if the problem is the result of a leak in the pipes or sweating pipes you may not be liable for the damage if you did not know about it or if your reported the leak to the landlord.

       If the landlord does live on the site then the landlord must provide you with documentation about any costs. If the landlord did not do this then it is a violation of the law. The landlord could be liable for not only the deposit but damages equal to twice the deposit plus attorney fees. You might want to send the landlord a letter stating what the law is and you would prefer to settle this out of court.

61. I am three months behind in rent, due to financial troubles. On October 4, my landlady confiscated my possessions and left a note (which I have kept). She has since returned 98% of my possessions (after being reminded that this move was illegal, and possibly constituted larceny under Illinois and Chicago law), but today changed the locks to the apartment.

    Thanks to my roommates, I was able to gain entry into the apartment. However, I won’t be able to go to work tomorrow until she gives me a new key. I know that the landlady changing the locks is illegal under Chicago and Illinois law, so what are my next steps? I have received no tenancy termination notice, nor eviction court papers. I have no written lease either (month-to-month situation).

    1. Can you make a copy of the key? A letter to the landlord might help. The letter could go over what has happened and that it is illegal to lock any person out of their unit without going to court. You can call the police if she does this again. Does she live on the premises?

62. Does the tenant have a right to a key to all locks on the property that allow for access to the apartment, front and back doors? Also there is a lock on the gate leading to the garbage dumpster in the alley that we have not been provided a key to, should we have been provided a key? Also our fuse box is in the basement and we have not been given access to this either and our power has gone out twice already in a month, shouldn’t we have access to this as well? What is my course of action that I can take?

    1. The tenant needs to have keys that allow access to their unit. For instance if there is a front door that you have to pass through in order to get to the unit then the landlord will be required to provide a key. If you live on the first floor and there is a lock to the second floor, then the landlord may not be required to provide a key.

       As for garbage, the law states that the landlord is responsible for ensuring that garbage and trash do not build up. I do not know how you can dispose of trash if you do not have a key. Is there a place to leave trash? What has the landlord told you to do regarding the trash?

       As for access to the fuse box, how large is this building and is there an onsite manager. If there is an on site manager the owner may not have to provide a key. If there is not onsite manager and the owner cannot provide reasonably immediate access then the landlord will have to provide key or at least access to your fuse box.

       If there are violations of the law, it may be best to call 311 and request an request an inspection. You can also write a letter to the owner stating the violation and requesting that the landlord resolve the issue within 14 days.

63. I recently re-signed a lease at a high rise in downtwon Chicago. Prior to the new lease, my old lease billed utilities by apartment usage i.e. you pay for what you use.

    On the new lease, it was explained that the utilities provided by the building would now be billed, not by usage, but by sq. footage of the apartment i.e. the total usage of the building is allocated to tenants based on the size of their apartment.

    Obviously, this was of a concern to me. However, the office manager assured me that any increase in my monthly utility bill would not be significant. Unfortunately, this turned out to be completely not true. From the last month on the old lease (June) to the first month on the new lease (July), I saw a 250% increase in my utility bill. When I confronted the office manager about this ridiculous increase in the utility bill, he openly admitted that he didn’t have the full information of what the increases would be and therefore didn’t know the increase would be that much, but he didn’t know if there was anything he could do about it now.

    I beleive this practice by the apartmet’s management company is abusive, and potentially fraudulent. What recourse do I have as a renter in Chicago?

    Thanks for your help!

    1. Did other tenants receive equally high bills. One place to start is ask your neighbors if they are upset by this large jump in costs. If they are you should consider forming a tenants association in order to negotiate with the landlord. Secondly, I would begin by demanding to see how the bill was calculated. I would also see how the landlord calculated common space costs which should be the landlord’s responsibility to pay.

64. Hello,

    My fiance and I are in the middle of a year lease and are looking at our options to break our lease for a number of reasons with lack of management staff failing to fix our lack of drawers in the kitchen, to a unlockable patio door and water damage caused by a flood in the unit above ours in the master bath. We have their promises to fix these things in emails. Emails dating back to July 2011 when we first moved in for a number of other items, and re signed our lease with them following their promise to fix hese three remaining items. Do we have any ground to break our lease without being penalized? Our lease is pretty vauge on this topic. We live in a high rise condo building that is about 50/50 renters vs owners, our landlord does not live in the building.

    Please advise.
    Thanks!

    1. The law states if the condition makes the unit not reasonably fit and habitable a tenant may terminate the lease after giving the landlord a 14 day written demand letter to fix the problem. These situations sound fairly serious so you may have grounds to terminate the lease. In the end it is up to a jury or a judge to decide whether the problems are serious enough. It would be better if the Chicago law was more clear in this regards. As for the flood, I do not know when that happen nor how serious it was but the law around flooding is as follows:

       (g) Fire Or Casualty Damage. If the dwelling unit or common area is 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, m 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).

65. John,

    My landlord was avoiding fixing the dryer for a couple months, I reached out to a contractor. They came and informed me that they would not fix anything at the moment because the gas lines and piping were not up to code. Apparently it is illegal because they are not attached to the wall and there is no shut-off valve. I emailed my landlord the information and nothing has been done for a couple of months. Do I have grounds to terminate my lease?

    Thanks in advance.

    1. The law states if the condition makes the unit not reasonably fit and habitable a tenant may terminate the lease after giving the landlord a 14 day written demand letter to fix the problem. I am not sure than not having a dryer makes the unit not reasonably fit and habitable. If the piping was an immediate danger then yes. If you want to go ahead with terminating the lease, it would be advisable to consult an attorney before proceeding.

66. John,
    How many people can occupy a 1400 sq.fr. 2br/2bth apt.

    Thanks

    1. Here is a link to what the City of Chicago allows for occupancy https://www.tenants-rights.org/chicago-space-occupancy-requirements/. It would allow a lot of people. Landlords can make more restrictive rules though they cannot use it to discriminate against families with children.

67. My daughter moved into an apartment in June, which I co-signed for. Right away she called stating she had cockroaches. We sent in a letter (by fax as they don’t have email) and asked to have them taken care of. The building manager was quite rude to my daughter about the bugs, blaming her for them. Shortly thereafter, her apartment was broken into and some of her property was stolen. By mid August she decided she wanted to break her lease and move out, as the bugs were still a problem and she felt very unsafe. There is a clause in the lease where she can pay a small free, find an approved renter and move on without further responsibility. Things were going well, she’s got two separate ladies interested in taking the apartment. The problem is, one of her neighbors was recently beaten and raped in her building. What does she do? We feel like we have a responsibility to share this information, knowing that by doing so it’s very likely the ladies will each decline the apartment. Is there any legal way she can get out of the lease without being involved in re-renting it? It seems unreasonable that she should be responsible for renting an apartment that is so unsafe. I live out of state and she’s not familiar with the laws in Chicago or Illinois, so any advice you could give us is appreciated.

    1. Several issues arise: As for terminating the lease because of roaches. The law is unclear. The Chicago Ordinance states: a tenant can terminate the lease if the unit is not reasonably fit and habitable after providing the landlord with a 14 day written notice and the landlord not taking any action in that time. Whether roaches alone make a unit not reasonably fit and habitable is something that you should contact an attorney about.

       As for living in a high crime area, in general that is not the landlord’s responsibility and for the most part not something that a tenant will be able to terminate the lease on. The landlord is responsible with providing dead bolts on doors and window locks.

       My other question is did the landlord provide your daughter with summary of the Chicago Rental Ordinance. If not your daughter could terminate the lease because of that.

       1. Hi John,

          Thank you for the reply. Yes, they did provide her with the ordinance. They sent out an pest guy within a few days of my letter, though it was only once, and the bugs remain a problem. We have continued to notify them (in writing) that the bugs are still there.

          Any assistance with information or direction would be appreciated.

          Thank you

       2. You can send another 14 day demand letter. If the landlord does not do something then your daughter can take some action. As for the pest, you may want to look into Integrated Pest Management techniques. It involves sealing the holes that the roaches enter through and getting rid of water and food sources. Megan Bourneman (meg@tenants-rights.org) on our staff is very knowledgeable and can help you with that.

68. I am a landlord and my tenants flooded the toilet with toilet paper. WHen the problem arose, they asked me if I wanted ot fix it or I can hire a plumber. I responded that they can fix it or I can get a plumber and add it to their rent. They didn’t notify me and got a plumber from Grayslake (don’t know why a plumber an hour away) and when rent was due they just took it out. The toilet was clogged Labor day weekend and they fixed it 2 days later. Who is responsible for this? They think I am supposed to fix the toilet. The toilet never had problems when I lived their for 12 years. The toilet is also on the third floor. Thank you for helping me.

    1. Items do break down and if the break down is due to normal wear and tear then it is the landlord’s responsibility to fix it. If the tenants were negligent then it is the tenants responsibility. The plumber would be in the best position to determine that. Lastly in repair and deduct situations the tenant needs to find a reasonably priced plumber. If the person charged an excessive amount the tenants could be held liable for the additional cost.

69. Hi,

    I moved in with a roommate but I am not on the lease. After I decided to move out, my roommate asked for a 30 day notice. I gave him a 30 day notice and now he is asking for more money. I started the 30 day notice the date of the notice, because he did not give me a copy of the chicago RTLO. So I paid 15 days in Sept because the notice started on 8/15(August was already paid for). Now, my roommate has illegally evicted me by changing the locks. My items are still in the house and I already paid for sept. What all can I sue for? Can I also sue for emotional distress? Also, can I sue even if his landlord did not allow him to become a “sublandlord”?

    1. Can you document that you were living in the unit. If so you can contact the police. When you contact the police, describe the situation as a lockout. The police are suppose to tell your roommate to let you in.

       You can sue the roommate for locking you out. You should document the situation. The penalties for a lockout are . 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.

70. Hi,
    I am a landlord of a 3 unit apartment bldg and was wondering,
    1. Do I need to post any kind of sign on the exterior of my building with Phone Numbers on it? I run it myself and do not have a management company.
    2. Where can I get the “Summary Of Ordinance” to attach to the leases?
    3. I read above where the RLTO does not govern buildings under 6 units? Am I reading that correctly? and if so are there other ordinances that govern those types of rentals.
    Thanks Mark

    1. In answers to your question:

       1. You do need to provide in writing your name, address and phone number. It can be posted or you can give each tenant the information in writing perhaps attached to the lease.

       2. You can get a summary of the ordinance from city hall

       3. The ordinance covers all rental units except owner occupied units of 6 units or less.

71. HELLO JOHN,

    I HAVE A FEW PROBLEMS GOING ON,FIRST I WAS IN A SEXUAL RELATIONSHIP WITH MY LANDLORD A FEW MONTHS AFTER I MOVED INTO MY APARTMENT, THINGS WERE GOING WELL BUT I COULD’NT DEAL WITH HIS PERSONALITY ANYMORE. THE RENT WAS STILL BEING PAID AT THIS TIME. A FEW MONTHS LATER I BECAME VERY ILL AND I FELL INTO A SITUATION WHERE I BECAME BEHIND ON THE RENT. NOW I HAVE A PROBLEM WITH HIM JUST ENTERING THE APARTMENT ANYTIME HE WANTS TO ALL THE WHILE STATING THAT THE SHERIFF IS COMING TO EVICT ME. I HAVE NOT RECEIVED ANY NOTICES FROM EITHER THE LANDLORD OR THE COOK COUNTY SHERIFF. MY LEASE JUST EXPIRED 3 DAYS AGO AND I AM PLANNING ON MOVING OUT OF THE APARTMENT WITHIN 2 WEEKS. WHAT IF ANYTHING CAN BE DONE ABOUT THIS SITUATION.

    THANKS FOR REPLYING.

    1. He must take you to court first before the sheriff will come. You could try and call the police if he enters and does not leave. If the police have to get involved you may be able to get some sort of restraining order. Have there been any threats of violence? If so I think you should get some assistance and may want to involve the police.

       1. IN RESPONSE TO YOUR RESPONSE, HE DID THREATEN ME ONCE, BUT MAINLY HE HAS MY CHILDREN TO THE POINT WHERE THEY FEEL THEY CANNOT BE LEFT ALONE IN THE APARTMENT BECAUSE TO THEM IT SEEMS AS IF HE WILL COME BACK AND START TO CURSE AND YELL AT THEM, AND MY CHILDREN ARE TEENAGERS! I HAVE POSTED A LETTER ON THE OUTSIDE OF MY DOOR THAT STATES HE WAS VIOLATING MY RIGHTS BY NOT LEAVING NOTICE. AND I HAVE CALLED TO POLICE WHO INFORMED ME THAT I SHOULD CALL TENANTS RIGHTS, I HAVE DONE THIS ALSO, WITH NO RELIEF. I DONT KNOW WHAT ELSE TO DO ABOUT THIS SITUATION.

       2. If the landlord continues to enter your unit, instruct your children to ask him to leave and if he does not have them call the police. The landlord does not have a right to enter your unit and the police can arrest the landlord for trespassing.

          Another option is to call an attorney and see if you can file a lawsuit against the landlord. If the landlord has violated the law, the landlord can be held liable for one months rent for each violation plus attorney fees. If you chose this path you should begin documenting the situation by sending the landlord a letter every time he or she illegally enters your unit without permission. You should keep a copy of every letter.

72. Hi,
    I’ve contacted my landlord by phone on August 18th, letting him know that we will be leaving the residence in the last days of September, so that it will be vacant by October 1st. I had asked him if he wants me to pay rent for the last month, or should me and my husband just live there the last month without paying, thus making our deposit our last month’s payment. He said that we should not pay him, and that he is fine with us using the deposit as last month’s rent. I viewed is as a verbal agreement and continued on with life as usual. Today, on September 2nd he called me saying that he changed his mind, and he needs money for bills, which sounds like a badly made up-story since he never cashed our checks until about the 20th of each month, even though we paid on the 1st. So he says he wants us to pay the rent, while we already managed our money in a way, which would enable us to make our cross-country move more comfortable.
    We signed a 12 month lease on this apartment in June 2008, and the lease did say that the deposit cannot be used as last month’s rent. I even asked about this specifically when I asked him if we should pay him, and he said that it is fine, and we don’t have to. When I told him that I do not have the money to pay him anymore, because we used it all on the planned move and we would have just not made some financial decisions and paid him if he only wanted us to do so in the first place, he changed his story and started yelling at me that “what if we leave the apartment a f******* s***hole” and kept on swearing and saying that if we do something he will find us wherever we go and hire lawyers, etc. I have not said one bad word or raised my voice a single time to deserve to be yelled at in expletives. The apartment has only minor wear an tear, which for over four years of us living there is really minimal. He also visited the apartment in March the last time and did not note any trangressions on our behalf. We have always paid rent on time, never had noise complaints or smoked in the apartment, which all the other tenants did despite there being a clause about it in the lease.
    If I had known that this would happen, I would have gladly paid and then waited for him to just mail me the deposit back after I left. But now it’s too late and I don’t have the money to pay because I used it on the impending move, in ways in which I would not have used it had he told me to pay for the last month. I am now a nervous wreck, because in a few days we are leaving for four days to the city we are about to move to, to make some final arrangements there. I am afraid that he will change the locks or do something to prevent us from coming back to the apartment. Please tell me how can I deal with this situation. Any useful tips would be greatly appreciated.

    1. Eta: I looked at the lease and it does not say anyhing about not using the deposit as last month’s payment. This must have been something we discussed four years ago, when we were moving in. I have a feeling that he knows I’ll be halfway across the country and will have no means of getting my deposit back if he fails to return it to me in the allotted time.

       1. The law is that unless you it states in the lease otherwise then you have to pay the rent and then wait for the return of the security deposit. You might try to get the landlord to come and do an inspection of the unit prior to moving so that the landlord can see that the place is in good shape. If you do not pay the rent then the landlord can start the eviction process by giving you a 5 day notice to pay or vacate. If you do not pay then the landlord will have to take you to court.

    2. It is illegal for the landlord to change the locks. Even if you had not paid rent for months the landlord still has to go to court to evict you.

       As for you concern that the landlord will lock you out, it might be a good idea if you have a friend to ask them to house sit. I would of course warn them about the landlord. You might want to write a letter stating that he or she will be house sitting for you during your stay away. You could try to alert the police about your concern.

73. Hi there, quick and easy (hopefully) question for you: does a landlord have to use skilled/licensed workers to do repairs around the building? I am asking because mine has hired a guy who is unable to fix anything at all (LL is aware, but refuses to get anyone else), which results in multitudes of calls for repair since nothing ever gets resolved, having the maintenance guy in and out of my apartment constantly (leaving a trail of disaster in his wake – seriously, the guy is covered in grease and leaves messes everywhere), and causing potentially unsafe conditions. Just a couple of months ago, this maintenance guy came to replace an outlet in my unit after I reported sparks shooting out of it when I attempted to plug in my TV. After he “fixed” the outlet and I tried to plug the TV in again, the whole TV and cable box/Tivo unit blew up and were destroyed (they replaced them, but that’s not the issue here…). I then insisted on a licensed electrician coming out and when he did, he reported that all of the wiring in my unit was done incorrectly and he was “surprised the building didn’t burn down” (it still could as the guy with no skills did the wiring in other units!). The maintenance guy also does not know how to repair the dryer vent, which is just blowing exhaust into the basement (fire hazard!) and opted to try and hold the exhaust in place with an old toaster and two buckets of rock salt versus buying a $5 metal collar for it at the hardwarde store. That kind of thing. I believe I read something in the RLTO that said if I have repairs done due to inaction by the LL, I have to use capable workers, or something along those lines. Does a LL have the same responsibility to use professionals versus employing some bozo to come over and experiment with how to fix things on the cheap? Please advise! Thanks!

    1. There is no requirement that the landlord employ professionals to take care of repair problems. Though if the landlord is doing any type of major work in the building, the landlord would be required to have a permit. If a permit is required which may be the case for certain electrical repairs, then the city will inspect and may require the work to be done by a professional. I would call the building department up to find out when a professional is required.

74. Can you please help me to define what is considered normal wear and tear? Scratches in wood flooring? Nail holes? Does it make a difference how long you live somewhere? Ie 2 years. Can the landlord withhold all or part of a deposit if they do not actually do any repairs before the next tenants move in?

    1. The landlord needs to provide you with receipts for any work done and yes the landlord has to perform the work in order to charge you. There is no definition of normal wear and tear as far as I know. In some cases it will be dependent on how how long you resided in the unit. Small nail holes can be considered normal wear, while large holes and lots of small holes may not. Scratches may depend on how big and how deep the scratches are etc.

75. Hello John;

    I’m living in a “commercial, mixed unit building with apartments and a storefront.” (that is how is recorded with the Cook Count), there is a restaurant on the first floor and an apartment on the second floor that I rent. The building was in foreclosure last week and now the bank owns the building. The old owner is no longer in the picture.

    1) Do I fall in to the “Chicago Residential Landlord Tenant Ordinance”? Not sure if it has a commercial lable will not be included in it.

    2) Is my contract still valid now with the new owner (the bank)?

    3) Under the section 5-12-080(e), is the successor landlord or “The Bank”, is responsible for my security deposit, interest, etc.?

    The old landlord notified me as stipulated by the law of the foreclosure. I have a quite large security deposit (other time for this story) and I’m worried that the bank will not honor the contract and I will not get the deposit because it might be categorized as a commercial building.

    Thank you

    1. What type of lease do you have? If it says residential lease on it then you are in residential lease. Does the lease indicate that you will be living there? There are many buildings that mix commercial with residential. Even if the lease is not residential it may still be possible to assert that it is a residential lease covered by the RLTO. Did the owner attach a summary of the ordinance?

       Yes your contract is now with the bank. I would contact the bank and inform them of your situation and the large security deposit that you have with the lease and that the bank is now responsible for. If the bank disagrees or tries to evict you then engaging an attorney would be in your best interest. Who knows the bank may agree with you.

76. Hi, John. I just moved to Chicago from New York. I came and signed a lease here back in June on an apartment that still had the last tenants, in a building that is not landlord-occupied. I arrived in Chicago last week to move in to find the place in deplorable condition. My first attempt to complain was met with the landlord inviting me to move out if I did not like it. I called the MTO hotline and learned a great deal about my rights under Chicago law from a very patient staff member(and I am very grateful for her help). I documented the problems that can be captured with photographs and I sent a certified 14-day letter to my landlord last week with a three-page list of grievances, which included a clogged bathroom sink, several windows that do not fully shut and outside doors which are damaged sufficiently that they cannot be securely locked and are not weather-sealed from an uninsulated common area (a semi enclosed porch). I am confident that I am on firm ground demanding these things be repaired. I have a few further questions which I deal not so much with ‘essential’s but nonetheless have become housing issues for me:

    1. The landlord agreed, via email, to repaint the apartment before I moved in (many walls were dark red). The paint job was extremely sloppy, leaving patches of the prior color here and there, with the crimson bleeding through the new cream color. Only the crimson surfaces got any attention, however: The remaining walls were filthy and were not repainted. Further, the prior tenants were big fans of wall-mounted things and window treatments, and left many many anchor holes everywhere, especially around windows which were just painted over but remain open holes. Do I have grounds to insist that the paint job be completed/competently repaired and the holes filled?

    2. I agreed to pay for my own heat and A/C. I have discovered that one of the vents connected to my apartment cools and (presumably) heats a common stairwell. Can I insist this be plugged or some portion of my utility bill be recovered? FYI the building has three rental units and only three electrical meters, suggesting that all common-area and external lights are also paid for by residents.

    3. The apartment has a gas fireplace I was verbally told worked, but I do not know if it works because it requires a tool to be operated, and this was not provided. Similarly, the refrigerator has an ice maker but, I discovered, it is not actually hooked up to a water line, and neither is the sink sprayer. It was never disclosed to me that these were non-functioning or that I would be denied their use, and they helped sway me to choose this apartment. Can insist they be made useable?

    4. The street door used by all of the tenants does not automatically lock behind them, which would be fine, except that one of the tenants is careless. Is there any requirement that rental dwellings be equipped to lock in certain ways (In NYC it is vastly the case that apartment doors lock behind you automatically).

    Thanks!

    1. In answer to question number 1, technically the landlord does not have to repaint in between tenants. It is not a code violation if it was done in a sloppy manner. Did the landlord hire someone to do it? If so the landlord could make the person return and do a better job. As for the holes, the answer is the same.

       In answer to question 2, the landlord should be paying for the utilities to the common area. You may want to start with a letter to the owner stating that you only agreed to pay for the utilities for your unit and that you did not agree to pay for the cooling of the common area. Do you have access to your circuit breaker box. If so you might want to check to see if the hall lights are hooked up to your box. You could do that by turning all the circuits to off and see if the lights in the hall remain on.

       In regards to question 3, these are not items covered under the building code. If the landlord said they worked then the landlord should be responsible for maintaining them in working order. The problem that you may run into is documenting what the owner said was a part of the agreement.

       Question 4: The door needs to be self-closing and self locking. This is a code violation.

77. Hello,

    I live in Chicago and have been renting an apartment for 2 years, under the standard chicago apartment lease from landlord who lives offsite. I have a question about what I am responsible for doing before I leave to get my deposit back.

    We have several small nail holes from hanging frames and such, do we need to fix those?

    We hung our TV from the wall in the living room and the removal left some rather large blemishes. Are we responsible for fixing these or do they fall under the “wear and tear” and thus he would have to paint them anyway? If they are our responsibility, are we allowed to repaint the wall so they don’t show (it is already a different color from every other wall in the house, so it would be easy to paint and make it look nice and not obviously repaired)?

    Lastly: my two roommates moved out early, but still paid for this last full month, and my landlord came in and started working on their rooms (painting, maintenance, etc) before I gave him permission. He had permission to enter the house to fix a leak in the kitchen, but we were not done cleaning the bedrooms before he started work without my specific permission for that. Can he charge us for the damages to the bedrooms considering he didn’t give us a chance to clean them up first (I still live in the apartment until 8/1)?

    1. Small holes for hanging pictures are normal wear and tear. The larger holes may depend on whether the landlord said it was okay to do that. There is no rule that a landlord has to paint in between tenancies.

       I would send the landlord a written notice stating you only gave him permission to enter to fix the sink No one gave permission to enter any of the bedrooms to clean up. This is a violation of the landlord tenant act and you are not responsible for any work .

78. what can I do about the noise coming from the upstairs nieghbors ? I expressed it my landlord but she told me to take care of it myself…there is 2 families (5 adults & 5 kids) living in a 2 converted into a 3 bedroom….I believe there is some law against too many people living in one apartment…HELP

    1. In most cases the first step is to talk with the neighbors. By too much noise what do you mean. Loud music? People yelling? People walking across wooden floors.

       As for occupancy standards, here is a link to Chicago’s standards. https://www.tenants-rights.org/chicago-space-occupancy-requirements/

79. Hi John,

    Our new management company (our eight unit bldg was sold recently to an investment group) asked if we’d be willing to vacate our unit a month early of the lease expiration, which is end of October. They offered to pay us $500 to do so. I told them I would only accept $1000 to cover the cost of having to move earlier than expected. He then told me that if the owners say no to the $1000 and I refused any less and continued to stay, that there would be disruptions to our water and electricity during that last month as they will be rehabbing all of the units. I believe it was a passive aggressive statement; can they legally do that? I know it’s tough to prove that this could be harassment and pressure to have us leave earlier. Thanks for any insight.

    Roger

    1. You could try suing the landlord in court. Are other tenants willing to stay and pressure the owner to pay more. There is always the power of numbers. If so the landlord may just opt to wait until the lease ends to ask you to move. I might start with a letter arguing that the repairs are not needed or necessary and therefore the owner should wait until everyone has moved out to begin serious repairs that will impact other units.

80. Does a landlord have to provide a stove and a refrigerator or is that my responsibility? I am about to movew in to my apartment but it has none of the above and I thought I had to purchase that but I was recently told that is his responsibility.

    1. There is no requirement for the landlord to provide a stove or refrigerator. The landlord has to maintain the appliances if they provide them.

81. Hi,

    I am wanting to terminate my lease early but my standard Chicago apartment lease contains no provision for this. Am I right in thinking I can give 60 days written notice to terminate my lease? Information booklets I have read said yes, but I can’t find this in any legislation or ordinance.

    Thanks in advance.

    1. Does the landlord live in the building? If no, you are covered under the RLTO. If yes, your building must have over 6 units to be covered under the RLTO.

       If you want to terminate your lease you have a few options.
       1. Find a tenant who will sublet the unit from you. They would take over the remainder of your lease but you will be liable to pay rent if this tenant does not pay.
       2. You can break your lease but you may be subject to a termination fee by the landlord. If your lease doesn’t detail early termination, you may also be liable to continue to pay the rent until the landlord finds another tenant. You can assist the landlord to find a new tenant. It is the landlord’s responsibility to get a new tenant, but since you are liable for rent until a new tenant takes over, it is in your interest to help speed the process along.

       There are also some other options depending on whether or not you are covered by the RLTO. Are you?

       1. In reference to “building must have over 6 units”, is it the building must contain over 6 units. Or there must be 6 rented units in the building? We own a condo in an 8 unit building and I am trying to figure out if this covers us? We had rented our condo, but only 2 units total in the building are rented. The rest are owner occupied.

       2. There are two parts to the question. The first if the building or property has more than 6 units then the ordinance is in effect. Secondly the owner occupied refers to the owner of the unit being rented and not whether some of the units in the building are owner occupied. So if the condo building is 4 units and the owner of the unit in question does not live on the property then then the unit is covered even if the other 3 units are owner occupied. The owner of the property must live on site.

82. I am curious if there is any stipulation on how much our rent can be increased. I have lived in the same apartment for almost 6 years now and our rent has had slight increases. I just got my notification to renew my lease and it is being increased by $835 a month. This building is switching management companies and will now be managed by Chicago Apartment Finders. As far as I know at least 4 other units in my building have had these large increases. It is a 3 bedroom, 1 bath unit but extremely dated, the floors aren’t even, window AC, gas heat and mix of carpet/wood/linoleum. I currently pay $1265 and if I renew my new rate will be $2100.

    1. Unfortunately, there is no rent control anywhere in the State of Illinois. The legislature in the 1990s passed a law banning any type of rent control. You might want to contact you state senator and state representative and let them know how big of a rent increase that you received.

       In the mean time you might want to start negotiating with the landlord. If the landlord the landlord is asking too much then it may be in the landlord’s best interest to keep you as a renter, especially if you are a good tenant. Good tenants are valuable to landlords. It cost money to re-rent a unit.

83. Hi,

    I’m moving soon and want to know the legality of “move-in fees”. My new landlord is not charging me a security deposit but instead a non-refundable move-in fee. Is there any limit to how large this fee is? For context, my rent will be $600 per month and the move in fee is $300, which I think is a bit excessive.

    Thank you for your assistance.

    1. I agree the fee sounds excessive. Currently, there are no laws that specifically cover move=in fees. What does the fee cover? I would document whatever the landlord says about it. I could be useful when you move out.

84. Hey im chanel .. my problem is me n my bf are livin 2gether we recently got in2 a fight n now he wants out of the lease n he is the head of the house but im on the lease 2 soo if he moves n wants out how long do i have 2 stay or do i really have 2 leave wat can i do 2 makw it work out in my favor bcuz i dnt wanna move right now…

    1. If you can pay the rent then you can continue to live there. You may want to get you boyfriend taken off the lease. If you cannot pay the rent, the landlord will still have to evict you. The process is the landlord is to give you a 5 day pay or vacate notice. If you do not pay then the landlord can start court proceedings.

85. Hello,

    I am currently renting an apartment which has one ac window unit. I just moved in a few months ago and a disovered that although the ac unit does work , it does not properly cool the apartment and on very hot days, the temp in the apartment is 83 degrees. The maintenance man came and looked at the ac and said that it was working but the only way that the apartment would be cooled properly was to have a second window ac unit added. I checked my lease and it states that the landlord does have to maintain the unit and make sure that it is working properly. The landlord is refusing to add another ac unit. Do I have any legal rights to tell my landlord that he needs to put in another unit?

    Thank you

    1. You raise a good question that I do not know the answer to. Chicago does not have a maximum heat law (ie the landlord nor is there a law that even requires a landlord to provide air-conditioning.

       Though if a landlord does provide air-conditioning then the landlord is required to maintain the unit in good working order.

       The question that you raise is if the landlord has provided an air-conditioner and air-conditioner is working but is not of sufficient size to cool the unit then is the landlord required to provide you with an air-conditioner that is large enough to cool the apartment and to what temperature.

       Some of the answer to the question, may lie in how the landlord presented the unit. Did the landlord state that it was air-conditioned?

86. Hello,
    My lease ends up july 31st and my tenant sent me an email saying that if I renewed my lease before may 31st I would get a raise but if I decided to take a decision later the raise would be higher. I answered may 31st that I didn t know yet if I would move overseas or not and so that I was willing to take the risk of paying more than the first raise. That I would keep them posted July 1st.
    They replied saturday june 2nd that if I wanted to keep the apartment I had to renew the lease monday june 4th unless they would consider that I don’t want it anymore.
    Can they do that? Do I have the right to give them my decision one month before the end of the lease?
    Thank you in advance for your precious help !

87. my previous landlord has charged us $780 to paint our unit after we moved out. the unit was left in good condition – but it was written into our lease that we were responsible for the expense of painting, however, our lease also states that all terms may be superceded by the Ordinance. is painting considered the landlords responsibility as normal wear and tear? or would we still be responsible for the costs since we did sign such a contract? Thanks!

    1. In most cases painting is considered normal wear and tear. My first question is if this unit is in Chicago and if the landlord does not live on site did the landlord provide you with receipts for the painting within 60 days. Also how long were you in the unit? If more than a year, did the landlord provide you with interest on your deposit on an annual basis? I think it would be best to talk with an attorney regarding the legality of that clause.

       1. Thank you. We were in the unit for 2 years. We received interest on our security deposit only for the last year. (it was only $0.76 so I wasn’t concerned but if this helps our case…) We are in Chicago. There was a building manager that lived on-site but he was not the owner. We recieved an Invoice from the management office for the painting, but we were unsure if that is the same as providing a receipt? Thank you so much for your expert knowledge!!

       2. Also, she has been sending correspondence to my workplace even though we have provided her with a forwarding address. Is she entitled to contact me in any way she has available? Or could this be considered harrassment? Thanks again!!

88. I rented an apartment in Chicago with a one year lease that began Sept 1 of 2011. I just received notice from my landlord’s management company (on May 22nd 2012) that I need to inform them via written notice by June 1 whether I will be renewing my lease or seeking new residency elsewhere. Because they are requiring written notice they have given me about 4 days to decide whether I still want to be legally bound to live here for another 15 months (my current lease expires on Aug 31 2012). Can they legally require this much notice from me? After reading through various policy and posts on this site, I can see that they are required to give me at least 30 days notice if they will not be extending an offer of renewal to me but how much notice can they legally require of me? There is nothing in my written lease that stipulates terms on this issue. Any help is much appreciated. Thanks!

    1. The Chicago landlord and Tenants Ordinance states that a landlord may not require a tenant to renew more than 90 days prior to the end of the lease term. It seems like June 1 is slightly more than 90 days. This could be a violation of the law. You may want to talk with an attorney, especially if they have done this to other tenants.

89. I’m about to sign a standard chicago apartment lease. Ordinance will apply (3-unit building not owner occupied). I have two questions:

    1. Under “Rules and Regulations #4” It states: “children are not permitted to play in the common areas”

    One of the reasons we are moving to this property is because of the yard behind the building for our children to use. The owner is aware of this. Can we both cross-out and initial this part of the lease? And why is this even in the standard chicago apt. lease since families are already faced with so much discrimination?

    2. The building is currently for sale and under contract. The owner has stated the purchaser has no intention to live in the building and that our lease and deposit would just have to be transferred to the new owner, but would be unchanged. Is there any legal way we could potentially be asked to leave if we have a one-year lease in effect before the purchase closes?

    Thank you.

    1. The rule sounds if it could be discriminatory based on familial status. A landlord could state that no one can play in the common areas but to only say children could be a problem. You could potentially file a complaint with the City of Chicago. If the landlord is willing to get rid of the clause then you can cross out the offending clause and both initial the change.

       Once you sign a lease, the new owner purchases the lease along with the property. As long as there is no clause in the lease that allows for the owner to terminate the lease early (you would also have to be given the same opportunity to terminate early), then as long as you follow the rules and pay the rent then you can stay for the duration of the lease. If the the clause only allows the landlord to terminate early then the clause has to be on a separate addendum and cannot be buried in the fine print.

       1. Thanks for your answers. The landlord had no problem crossing out #4 of the Rules and Regs section regarding children playing in common areas. We discussed and thought the lease intent was for actual building common areas like hallways, lobby, etc. which don’t even apply to this property. And the landlord is fine with our children playing in the yard.

          However, I do think the City of Chicago should remove this clause from the standard lease and I will file a complaint if you can tell me how to do so.

          Thank you.

90. Hello I’ve been informed by my landlord that she would evict me based on violating a lease agreement of no pets. I have a 7 year old daughter and since moving in this unit 2 years ago ive contantly have issues with mice. I contacted them numerous times to repair and they claim they have but i was constantly seeing mice. I called the city and reported them but by thae time they came out i had already purchased a cat. I know it violates my lease agreement but the cat has been catching every mouse that enters or tries to enter the apartment. Lately hes been catching baby mice which means they have spread also im hearing them in the walls. Tje landlord is aware of the pest issues and stated they are working on it how are u still working on a pest issue after 2 years. She informed me that if i dont get rid of my cat she will evict us sice it violates our lease agreement. How can she say that when the neghbors even complain we even hear them in the wall. What can i do to protect us from eviction i need my cat i cannot afford to move at the.moment. I dont want my child or myself getting bit by those things. What should i do

    1. I am sorry to hear about your mouse problem.

       There are 2 issues the mice and then your response of getting a cat.

       As for the cat, it is a violation of the lease and the landlord maybe able to evict you because of it. The landlord may say there are other ways to get rid of the mice.

       The law would allow you to give the landlord a written notice describing the problem that there are mice in your unit and this is a violation of your rental agreement. Then in the letter state if the problem is not resolved within 14 days that you will hire an exterminator and deduct the cost from the rent. If the problem is not taken care of with the 14 days then you can pay the exterminator and take that cost off of your next rental payment.

       You may want to discuss this with other tenants in the building. They may also want to sign onto the letter. You could suggest to the landlord that a cat even though against the lease is a much cheaper alternative.

91. In Chicago, do all persons over the age of 18 that plan to occupy the apartment have to sign the lease and pass credit approval?

    1. In Illinois there is no law one way or another. It is up to the landlord and what the lease states.

92. I am a single mother of four, one child disabled. Rented and apartment from a guy on a month to month verbal. Paid two months call guy about leaking pipes, no answer, one month later another guy comes says hes the landlord and dema.d rent. He informs me that his friend ran off with rent payments. I say repairs need to be made and after repairs ill pay. No heat leaking sink stopped up toilet. He says no rent no repairs. One month later 7 day notice certified mail. 2 weeks later water shut off, voicemail, no rent no water. Disabled daughter placed in nursery until resolved. One month after that a woman shows up, threatens leave or this gets ugly. Already ugly, my reply, take me to court. One week later, get home from school, get kids from day care, boards on windows doors and locks changed. Landlord claim. Im a squatter. My question, what do i do, no rent receipts, no written lease. My prof light and gas bill also, inspection for disabled child. And nurses on duty majority of time in home. All i wanted was some heat and a runni.g toilet. Enough space for my daughters wheelchair and a backyard, too much to ask.

    1. This is a lockout and illegal under the law. First step is to call the polices and ask them to call the landlord and to restore you to the premises. Next step would be to contact an attorney, if the police do not help then the attorney can. If you have limited income you might try calling the Legal Assistance foundation 312-341-1070.

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94. My 70 yr. old dad lives in a high-rise in Chicago. In September he signed a new lease for one year. He has since become unable to care for himself and the Chicago winter will be too harsh for him to bear. I want to move him with me (Texas) so I can take care of him. Is there any provision that will allow him to get out of his lease so he can move here?

    1. There is no law that allows your dad to just break the lease because he is no longer able to care for himself. The law does say that a landlord must attach a summary of Chicago Landlord and Tenants Ordinance to the lease and if the landlord does not one of the rights of a tenant is to terminate the lease and move out. You might see there is a summary attached. Another possible solution is to ask the owner and see what the owner says. If the owner agrees, get everything in writing.

95. hi i have a problem with my upstairs neighbor ,i just move in in September and every sens a move she has complained about my t.v. volume now the first time she complained about it i stared setting some low volume stander ,during the day my tv is at the volume of 35 and at night is at 23 ,(i can burly heart it ) the max volume is on 80 but i never set it that high the first time she complain i notified the landlord and have him come over to approve the hi standard volume witch is 35 and he not only say that she was exaggerating but also approved my volume ,every sens then she has keep complaining like every day about my tv volume and says that if i don’t turn it off she will move out and because her rent is more money for the landlord she pays $1200 and i $675 the landlord doesn’t want her to move so he wants me to do as she say also i try talking to her once and she did not wanted an agreement other that turn my tv off and also sad that if the landlord doesn’t do something about it she will call someone and every time she complains she stars banging on her floor and my door and windows and gets aggressive …i’m desperate what can i do is there something i can legally do to stop her from harassing me????

    1. This is a difficult situation to resolve. Why do you think that she is harassing you? Could there be any discrimination happening or does she just like peace and quiet and there is no sound insulation. Perhaps you could see if you landlord would be willing to put some sound insulation so that that the woman upstairs will not be bothered.

       1. thank you for you advice,and yes it is insulated, i think it does have to do with discrimination, this is a tree story building and my neighbors from the third floor have told me to not let her intimidate me and that not only she likes quiet but she inspects complete silence, and the day i went upstairs to talk to her my tv was at 30 and i could not hear a thing, i think that perhaps in complete silence you might be able to hear very little in the back ground but very minor , not enough to say that is an infernos noise ,i also have talk to my next house neighbor and she is known around as the grumpy neighbor that has not even once sad hi to anybody on the neighborhood ,which honestly it is non of my business but i think that because she sees that i’m Hispanic i’m more easy to pick on even my little brother that met her once wail visiting me told me that she looks like she was doing this on porpoise.

          at the end of it all i just want her to stop because i’m not planning on living like this for the rest of my lease or i don’t want to have to be ask to move out, over a noise that exist only in her head ,i feel like i already did what i could to keep my volume down so she is not bother ,and turning my tv off to me is not an option because i feel that if i’m paying a rent i should enjoy of watching tv in my house isn’t this a two way street i have to compromise keeping my volume low and she has to live with a little, very little noise ,after all we do live in Chicago and is a city full of noises even if you turn all you’r electronics off you can still hear the noise from the street inside you apartment.

          i even went to the police department to see if there was something i could do and when i told them that she was doing all this over tv volume they all stared laughing and sad that even if she have call them to have them go over to get me to lower it or turn it off they couldn’t do it because is not even consider as disturbing behavior to have hi tv volume ,and that the only one that can get me to lower it is my landlord if he feels is needed ,and if it wasn’t because she pays more and has already threaten him with moving out he would not be saying anything aether, is so funny!!! the other night he came over to tell me that she complained again because that night was louder and that he came over and it was louder(now remember every seems she first complained i have keep it standard is always the same during the day is at 35 and during the night is at 23 and is like that every day ) so how come that some nights is louder to them and some nights is fine when the volume is always the same ????

          again i just want to stop her if there is any way i can????

96. Dear John,

    As we move back into an era of BEDBUGS living with us as they always have in History, Pre 1920’s Post 2005. Im wondering about laws on the books for tenants/ Landlords? To protect tenants from Getting BedBugs/ The Treatment Rules / Guildines. Also to protect landlords of multi unit properties from the HIGH COSTS of Treatments, ($1500 per unit for heat treatments)can it be transferd to the tenants?

97. Hi John,

    I moved into an apartment early on 9/16. My lease has a start date of 10/1/11. The landlord has said he needed to repair part of our sunporch and that per landloard rights he was allowed 30 days from our move in to complete the repairs. As it has been over 30 days since the technical move date and it is approaching 30 days from the lease start date what can we do to make sure we have access to our porch? Also, where is this rule that allows landlords up to 30 days to fix repairs (that we did not ask to be fixed)so we may have it on record? We really would like to use our porch and the landlord keeps putting his personal items out there and we would like to know what our tennants rights are as the porch is our emergency exit.

    Thanks,
    Erin

    1. There is no such rule about landlords having 30 days to make repairs from the move in date. You can call the city of Chicago and request an inspection at 311. Does the landlord live on the premises? If so you have fewer rights. You might want to put your demands that this be fixed in writing and keep a copy of the letter.

98. I live in a sectin 8 hud apartment,in the southloop,I have been in my 1 bedroom apt for 2 years and stay on the second floor,I have a seriously insane crazy woman neighbor who lives directly across from my apt I have to turn my back to open my door to get in/out of my apt, this mentally challenged female calls me names through her door,it’s obvious that she is spying on me through the peephole in the front door,this has been going on since last summer 2010 when she was calling me a whore,me I have seen her 3 times the first time I saw her face the other times the back of her head, I get along with the rest of my neighbors on the same floor, so it’s not me because I am barely here, I have a life, I don’t always come in and out at the same time but I do respect my neighbors enough to be quiet if it is after hours day, evening, or night, anyway I have become really afraid to go to my apt without my brother watching my back because she is a much smaller woman with a very wiry body meaning that she could attack me before I know what is happening to react in time, and i don’t want to take that chance, my question to you is what can I do besides being a sitting duck with a big bullseye on my back,I feel that she wants to hurt me I told my landlord but it’s like she doesn’t care unless somethng happens to me, is there a way that I can carry a concealed weapon to protect myself from her and what do I do, I am very afraid on the 2nd floor because I can’t afford to move unless I want to be homeless, I have no where else to go, I have never had a problem with the landlord so what do I do?

    1. There are not any easy solutions to this problem. Has the tenant actually threatened bodily harm? If so you may want to contact the police. I have no idea about what the rules are regarding concealed weapons and do not if there would be building rules that might prohibit that.

99. I rent a condo and recently found out that owner has not paid his mortage for 4-5 months. I was told by the owner the he was trying to renegotiate his mortage rate. Also he has not paid has assesments fee to the condo assoc. and learned that the assoc. is putting a lien on the property. I was also given a copy of his summons for foreclosure papers by the condo assoc. Tonignt the owner wants to talk about a new lease and a better deal. We just signed a new lease this past april. I’m really nerves. How can he renegotiate a new lease in the middle of a contract that we already signed. He said it’s going to be a better one for us. I’ve been in his condo for 5years. Any advise and sugguestions are welcomed. Thank You!!

    1. Illinois state law states that banks need to honor leases when they foreclose on properties. There are some exceptions and one would be if the lease was negotiated in bad faith. I would consult with an attorney before signing a new lease that is going to be be better to make sure that if the foreclosure goes through that you will not have the lease invalidated. Certainly leases can be renegotiated if both parties agree.

100. Hi John, I asked my landlord to allow me to move out 6 months before the end of my lease term and he has agreed to find a replacement tenant. Can you please tell me this?: 1. If a new replacement tenant signs a new lease with the landlord for the same amount of rent that I’m paying today, does my liability for the remainder of my lease term end? For example, if the new tenant moves in and after 2 months stops paying the rent, would I be legally obligated to resume paying the rent for the remaining 4 months (i.e. until the end date of the lease that I had with the landlord)? 2. If the new tenant signs a lease with the landlord and gives first month’s rent and a security deposit, and then if they decide not to move into the apartment, is the landlord allowed to keep the first month’s rent and a security deposit or do those deposits need to be returned to the person since they did not move in? Thanks for your great help!

101. Hi, it says that the Ordinance is not applicable in “An owner occupied building containing less than seven apartments..” I live in a condo building that has 6 units. 5 of them are owned and occupied by 5 different owners. I rent the 6th unit/condo from the owner who lives in another state. I assume that my situation is not considered and owner-occupied building right? Does my unit fall under the Ordinance or is it excluded based on the info above that I provided? Thanks

     1. You are covered by the Chicago Ordinance if you live in Chicago.

102. How much advance notice can a tenant request for property showings during the final 60 days of the lease?

     1. If you are covered by Chicago’s Landlord and Tenants Ordinance, then the landlord has to give the tenant a 2 days notice each time the landlord intends to enter the unit.

103. I recently moved in to the 2nd floor to a three unit apartment building (each apartment has 4 bedrooms). The tenants who moved in upstairs are college students and play music extremely loud, extremely late into the night/early morning on week days. They are not concerned with are polite requests to turn it down. Is there anything we can legally do to pressure them to be respectful? Suggestions are much appreciated.

     1. Noisy neighbors can be a very troubling and hard to deal with. There are City noise ordinances. They are enforced by the police. Have you complained to your landlord about the noise? Are other people in the building or potentially neighbors bothered by the noise? If so perhaps they can be convinced to contact your landlord and ask the owner to take action. Have you put in a written complaint to your landlord?

104. I have lived in my apartment for the past 15 years and in February my apartment was burglarized. Recently, two neighbors who live above me was also burglarized. It was determined that someone other than the tenants had a key to the entrance door (locks or door wan’t tampered or damaged). We also have a security camera outside of the building but soon learned it was out of order.

     The landlord agreed to replace the entrance door lock and repair the security camera but not compensate anyone for their losses. One of the individuals who was burglarized reported the burglar took some Jewry from her unlocked safe and not her flat screen TVs, electronics and other valuable items. Her apartment wasn’t disrupted at all(she’s currently dating the landlord’s son). However, my apartment and the other neighbor’s apartment was totally disrupted and all of our valuable items were taken.

     I can’t prove who the burglar was but is it the landlord’s responsibility to provide a safe and secure environment? She did not make any security changes after my robbery and none currently. The neighbor who lost everything similar to me moved the day after her robbery and I plan to move in the near future. I am a single female, I’m very uncomfortable living in this building.

     Do I have any legal rights? If so what are they, can I sue the landlord or should I just move and accept my losses? Would I be wrong if I withheld rent for this last month to assist me with my move? I already lived out my security deposit.

     Thanks in advance for assisting me with this matter.

     1. There is not really any simple answer to your question. From your email I cannot tell how long the camera was not working and if the landlord knew whether it was working. I do not know how the person got a key, was it a former tenant, did another tenant lose a key. Did the landlord know that there were keys outstanding? Did another tenant in the building let someone in?

        In general the landlord is required to provide basic safety measures such a self-locking door. A security camera is not required though if one is present then the landlord needs to maintain it.

        If you do not pay rent then you could possibly be evicted and have an eviction on your record. If you move without notice you could possibly be held liable for the duration of the lease.

        My best advice would be to consult with an attorney. I am not sure that the law will be as supportive as you might like it to be.

105. I live in Chicago and have just moved into a new apartment a few blocks away from the old location. The lease for the old apartment ended on July 31st and the lease for the new one began June 1st–giving me a one month overlap. I have been steadily moving my possessions to the new apartment and returned to the old apartment on July 31st (in the morning) to find that the management company, MAC, had entered my apartment without providing any notice, and removed all of my few remaining possessions. Though there was not much left, there was a graduation gown and hood–two very important sentimental possessions. The building manager will not return my calls. There is a clause, in the lease, which allows for the management company to enter the apartment and clear its possessions only when the lease has expired or the apartment has been vacated. Though they knew I was moving out, I paid July’s rent in full and never provided a time when I was going to move out early (assuming that I could take the full month–as I paid for). They are supposed to keep my possessions in storage. But I am not sure if they have done so. What recourse do I have in this matter? It seems that their entry was unlawful and the removal of my possessions equally illegal. I am a student and do not have much money. Where can I find affordable and trustworthy legal counsel? Thanks so much.

106. Is it true that a landlord needs to keep my deposit in a separate account during my stay? I live in a three unit apartment building.

     I heard this is required for 4 or more unit and if not, then the landlord is require to pay much more if the tenant decided to go to court. Is there anything for 3 or less units?

     One other question, What is the consequence of not return a deposit after 45-days?

     He does not live in the building, but his dad lives in the garden apartment. I don’t deal with his dad at all and the lease is under the landlord alone.

     Have a good one.

     N

     1. If the building is covered by the Chicago Ordinance then the deposit must be kept in a separate account. Do you live in the City of Chicago? Secondly does the dad have any ownership interest in the property? If the dad does then the building would not be covered. The consequences of not returning the deposit vary depending on whether the unit is covered by the Chicago Ordinance. In all cases the law requires the landlord to return the deposit though not necessarily in 45 days if the unit is not covered by the law.

107. Hey,

     I’m currently staying with a friend who signed a sublease to an apartment in UIC last year. The lease is up on July 31st but no one has a written copy. The landlord has not offered to renew the lease but has known that the tenant is showing the apartment to other sub-leasers and has stated previously that the agreement would stay the same. The current tenant doesn’t want to leave and has made it clear she’d like to renew the lease with the same terms. When one of the prospective tenants came to sign the lease today with the current tenant, the landlord said he hadn’t made one yet and that they’d have to come back. An hour later he tells the current tenant that he’s raising the rent $400 and everyone has to be out by the first. Is this legal? If it’s month to month, doesn’t he have to give 30 days “written” notice? Is this a situation that requires an attorney?

     Thanks,
     E

     1. Yes the law requires that the landlord if they are going to terminate a lease (a $400/month rent increase sounds as if that is terminating the lease), the landlord has to provide the renter with a 30-day written notice to terminate the agreement.

     2. Yes the law requires that the landlord if they are going to terminate a lease (a $400/month rent increase sounds as if that is terminating the lease), the landlord has to provide the renter with a 30-day written notice to terminate the agreement.

108. Hello,

     My landlord want to keep ~1/3 of my deposit for the following reasons:

     • Multiple scratches on the wood floors cause by my dog that I was supposed to keep caged but I didn’t.

     • A plugged drain that I never informed him about that needed work, because draino did not work.

     • A broken microwave that I told him over an email that I would replace.

     • A broken window that a friend of mine broke on accident

     • Smoke detectors that I decommissioned because they started chirping

     • A dirt tube and dirt curtains

     Are these all fair items or can I fight any of them. He has receipts, but tomorrow will mark the 45th day since I moved out. We have had multiple email correspondences since I moved out and a few during the first 30-days of my vacancy.

     A little about him, he’s does not live in the 3-flat building and gave me the impression that I would receive at least 66% of my deposit, but needed to talk to his contractors.

     Do I have a case?

     Thank for all your help.

     Eric

     1. Without seeing the damage, it is difficult to gage. A couple of things: it is the tenants responsibility to replace batteries and the owner’s responsibility to provide the smoke detector. Tenants are responsible for the damage caused by their guests. I am not sure why you would be responsible for microwave unless you damaged it and the same with the drain. I do not know what a dirt tube is.

        1. John,

           I appreciate your reply. Regarding your comments, the floor was pretty scratched up and the receipt from company doing the work, mentions pet damage. Doesn’t this fall under normal wear and tear? Not even if he approved of me buying a dog.

           He had to buy a new smoke detector because one was broken and the other I lost. This is still his responsibility, correct?

           All I did was use the Microwave, so he can’t discount this!

           The drain was plugged with a lot of hair. He provided the apartment with Draino, but I only used it when the drain got bad. He told me to put Draino in it every 6months. How could he possible know whether or not I did this. This is normal wear and tear!

           Sorry, I meant he discounted money for a dirty tub.

           Look forward to your final reply.

           Thanks again.

           Eric

        2. Defining normal wear and tear in some situations is not so easy. I thought that you mentioned that you were to keep the dog in a cage and that did not happen so that will leave the interpretation up to a judge in that you did not follow the agreement.

           A lost smoke detector will be your responsibility.

           The microwave and drain sound like normal wear and tear though the owner could find ways to contest this. I would try and negotiate with owner and see if you can come up with something that you both think may be more fair.

109. I have some questions
     1 I went through a rental site to find my apt. thats in the city river north area they helped a lot, and when I finally meet who I thought was the landlord I understood to be paying rent to him, which I did the first 4 months without issue.
     Finally I went to pay him this recent month and I was unable to find him. Since then I was locked out of my back account due to fraud and I only had partial payment of my rent which I tried with a written note to give him. He returned it back to me, yet I had no communication from him at all.
     Then 2 days later he called me saying he was no longer getting in the middle of collecting my rent and his dad was the landlord and I have to pay him directly. 1st I didnt know that as he was the only person I meet as far as building etc. he then proceeded to threaten me with a 5 day notice if I didn’t give them the rent money the day he called. I work 3 jobs and was unable to make it until the next day and left a check and a letter stating my situation and a few issues I had pertaining to the rental.

     He said I am not following the terms of the lease by not paying on the first, which I tried to do but he was no where to be found.
     2nd he asked me to close my windows at night cause my kids are loud, its summer and I wont close my windows that unfair to use
     3rd I don’t have a key to our backyard gate which means if an emergency happens I have no access to a second exit. which I also outlined in my letter as unfair and an issue for me.
     In my lease it doesn’t say I am not allowed to use the backyard or to have a cerfew on guest I may have over yet the “landlord” as I quote cause im not sure who it really is at this point, yelled at my kids for being outside in the yard and the original “landlord” told me to have my guest leave at 10pm as though he were my father.

     Im really having issues with this Im not sure how to go about things I don’t want to cause problems with the landlord but at the same time I feel it unfair that all of this is going on! and when I have one issue with my rent as I am trying to pay, he makes threats towards me and Im not sure what to do. I’ve never had an issue paying my rent before and wont again this is just an unfortunate circumstance. what should I do?

     1. A couple of thoughts: The lease or house rules that your receive at the beginning of the tenure should state all the rules you have to abide by. There are laws about noise. As for the rent when it is late the landlord can demand payment and can give you a 5 day notice to pay or quit the premises. It has to be in writing.

110. My mailbox is broken and I am witholding rent till my landlord fixes it. He has told me I cannot do this because a mailbox isn’t guaranteed in the lease.

     Am I legally allowed to withold rent till he fixes it.

     The apartment is in a 3 flat where the landlord lives in one of the units and rents out the other 2.

     1. You are not covered the landlord and and tenants ordinance as this is an owner occupied building of less than 7 units. The landlord is responsible for maintaining services and other material items that they provide. As for not paying the rent, that is the easiest way to get evicted. Why is the landlord refusing to fix this?

111. Dear MTO,
     My child and I live in a condo in Humboldt Park, renting from an individual owner. Our whole building is about 20 units and currently it appears that a third are empty due to foreclosures (the condo association has acknowledged that much of the building is in foreclosure.) My owner is out of state, foreclosed, then filed bankruptcy. Her court date is today and I expect to hear from the bank soon that they have seized my unit.

     1. Do I hold my rent until I hear from the bank?
     2. Do I have opportunity to buy this until myself from the bank?
     3. If the bank decides to evict us, how long will we legally have before eviction date?
     4. AND would I pay rent to the bank during that period?

     Thank you for any info on this. My child and I can certainly move but hopefully not too quickly (he has special needs and I have few support people around).

     1. Technically you are suppose to continue to pay the owner until the foreclosure is complete. If you do not pay the rent, then the owner will have to give you a 5 day notice to pay rent or vacate. Once the bank takes over, the bank representative should inform you of where to pay the rent.

        Certainly you have the opportunity to purchase the unit. You should let the bank representative know.

        If the bank decides to evict you, the length of time the bank must give you depends on whether you have a lease. If you have a lease then you can stay in the unit until the lease ends as long as you pay the rent and follow the rules. If the you have a month to month agreement then the bank has to give you a minimum of a 90 day notice.

112. I have a two part question:

     1) I am currently in a lease and would like to purchase a house. Can I be released from my lease without penalty?

     2)If I found someone who is qualified to sublet the unit, can my landlord legally refuse to accept the sublet prospect?

     My questions are stemming from the fact that my lease is up in May of 2011 and I would like to terminate my lease ASAP so that I might explore the option of purchasing a home that is being sold by a seller whom I am very familiar with. The seller needs to sell their home as quickly as possible, however, given the state of the housing market, it may be difficult. I do not want to let my opportuinty pass.

     Thanks for the help!

     1. If you live in Chicago and are covered by the Residential Landlord and Tenants Ordinance, unless there is a clause in your lease that would allow early termination you cannot terminate without penalty because you are purchasing a home. You can talk with the owner and if it is okay with the owner to leave then you can. I would get any agreement in writing. If you find some to sublet the landlord cannot refuse a reasonable person. If the person does not pay, the landlord may be able to hold you responsible. There may be other ways to terminate the lease if the landlord has not followed the rules.

113. My tenancy falls into one of the exclusions listed and my landlord dropped off a new lease with provisions that do comply with the rental laws. I sent a letter listing all provisions that I would like revised however I’ve been searching this website looking for a sample letter unsuccessfully.

     Is there anyone that has gone through this procedure who can shed some insight on this situation ?

     Thank you

     1. MTO went through the process while negotiating our lease. We were able to get some of the changes and not others. There is no requirement that the landlord has to negotiate. Are there particular provisions that you are concerned with?

114. Hello I live in a flat building with my boyfriend and 3 kids. our landlord sold the building and didnt tell us until 2 days before the closing which was on Friday 9-24-10.The new landlord came by and introduce himself as the new owner but he never showed us any paper work stating who he was on top of that he gave us 30 days,here is my situation.I was on my way home from work and my boyfriend was at home at the time when the landlord came by and told him that we had 30 days and that we didnt have to worry about OCTOBERS RENT but if we needed more time we would have to pay him for November on the 1st my boyfriend told him ok and that we will be out by then. when i came home my boyfriend told me what happen and told me that that landlord was still on the property. i went outside and introduce my self he also told me the samething, that we didnt have to pay for October but if we needed more time we have to pay for November. October 2 he stopped by but i was not home so he left his number with my daughther for me to call him so when icame home i did that.He asked me and if i had the rent for October and i told him i didnt because he said we didnt have to pay. He said he never said that and then he said it was a misunderstanding between him and i but he told my boyfriend the same thing. Itold him That i had partial and that i was using that for a deposit on a new place and then he said we had a week to leave. CAN HE DO THAT?

     1. I am unclear as to whether the new owner has given you anything in writing. A written notification is the first step for any eviction or change in lease. The old owner has to give you a written notice if you have a security deposit informing you of the transfer of property as well as the transfer of the security deposit. If you do not have a lease (if you do have a lease it is valid) the new owner has to give you a written 30 day notice to vacate the unit. Finally, if you fail to pay the rent when it is due then the landlord has to give you a written notice giving you at least 5 days to pay the rent. If you do not pay then the owner has to take you to court. It is illegal for the owner to physically evict without going to court and only the sheriff can actually remove you from your home.

        As a suggestion when an owner inform you of anything verbally it always best to get them to put it in writing. If that is not possible or the landlord refuses then a suggestion would be to send the owner a letter documenting the discussion such as saying I am following up on our discussion of date where we agreed to the following:

115. I live in Chicago and I just received a “notice requiring appearance in pending action” yesterday. I am behind on my rent by 2 months – I have been plagued by unemployment and I finally found a temporary position that might hire me on a permanent basis, but i’m already behind on rent. I gave the Landlord half the amount and they refused and in writing, demanded that I pay them the full amount, which included attorney’s fees. Of course, I am unable to do that until another couple of weeks, but in the mean time, I have to appear in court on Oct 6th. I have a few questions:

     1. The notice says that summons was issues in said suit and was returned without service stating that service could not be obtained – I hadn’t received anything prior to this letter, so is this proper notice?

     2. I will have the ability to pay $2,800 out of the $3,300 demanded by next week – I was thinking of mailing the Landlord a cashier’s check via certified mail. I know they are not obligated to accept that, but I would like to argue in court that I tried to remedy the situation and in good faith, provided most of the amount owed, but the landlord refused. Is that a weak argument?

     3. If I lose my case, approximately how long will I be given to move out? My actual lease doesn’t end until 11/30/10 – i was hoping to stay until at least then and look for something else right now.

     4. I have a perfect rental history record – now, with this on my record, will I be able to rent again soon?

     Thanks for your help.

     1. 1. It seems as though this is a proper notice. Does it have a court date, time and court room location? If so, you are responsible for being there.

        2. If I were you, I would not send the money. Your landlord already has you in court. Your best bet would be to hold the money and bring it (or proof of it) to court.

        3. How long you can stay in the apartment depends on many different factors. See info below.

        4. I believe the judgment on the case will be influential in your record, but just having a eviction case filed against you can be harmful to your credit. But as with other credit problems, you simply move on. Some landlords may hold the eviction against you but I imagine, especially in this economy, many may not.

        In the meantime, my advice is to get an attorney. We would most likely refer you first to the Lawyers Committee for Better Housing. Their legal intake line is 312-784-3527. It would be in your best interest to call our hotline and get a referral faxed from our offices in addition to calling them.

        When you call our hotline, we can also provide you with tips on what to do when you are in eviction court to win more time for yourself whether you have an attorney or not.

        Call us ASAP. You say your court date is Oct 6th. The sooner you call the better. It is much more difficult to get an attorney to go with you if you call Oct 5th versus if you call us Oct 1st. 773.292.4988 M-F 1-5pm.

116. Sept 20 2010

     Hi John:

     I have lived in my apt ( lower 1/2 of a two flat ) since 10/2003. The “new” landlord bought the building and took over my lease in Summer 2006. Today, my electric dishwasher’s door hinge ( for lack of a better word/phrase ) broke. The dishwasher and motor and such still work perfectly, but the hinge will need some minor repairs ( non-electrical ) so it can be put back to working condition, thus allowing the door to be tightly shut and the dishwasher to be used as intended.

     I notified my landlord about this today via text message and he informed that he too has a very similar ( perhaps even the same model ) and it is 10 years old and is in “perfect condition.” He furthermore told me that this is not normal “wear and tear” and if I wanted it fixed, I would assume whatever costs/effort, etc., were involved with said repairs.

     “Dishwasher” is spelled out in my lease as being one of seven appliances that the “Apartment includes for the Tenants use”

     The repair needed, in my opinion, is due to normal wear and tear, with the unit being around ten years old and most likely being opened and closed literally thousands of times in the past decade. Honestly and admittedly and to the best of my knowledge, I have not willfully damaged, and/or abused this dishwasher beyond what I consider to be normal ( and certainly “non-commercial” ) usage.

     I am very upset here and this seems to be the classic definition of wear and tear: a part that absorbs the stress & weight of the door/bottom tray of the dishwasher, etc…..

     I have looked up info on your website, the tenants/landlords rights, legal verbage, etc., and it seems to all come down to this nebulous “wear and tear” definition, correct? Also, is it assumed that appliances that are listed for tenants use, are also then to be maintained/repaired and/or replaced by a landlord when they need necessary repairs, maintenance and/or replacement?

     Any advice/suggestions/tips, etc., you can provide would be most appreciated here……

     All the best

     GM
     Logan Square

117. Can a landlord install a camera in a backyard without letting tenants know about it? Also, we are the only tenants that use the backyard to go to and from the garage, and the camera only looks at the backyard and the garage. there is no camera in the gangway to the front of the building, and there is no other way into the yard except through the locked garage or the front entrance.

     I just noticed the camera installed after he stated my teenager was hanging out in the yard with her friends. It seems like a violation of privacy. please advise

     1. A couple of thoughts: First is there any discrimination happening? Why is the landlord only looking at an area that you use? If you believe discrimination is the basis behind this then you may want to contact an attorney who specializes in that area of the law.

        You did not mention whether the owner lived on site? If not, the there are laws regarding the landlord’s ability to enter the property. The law states: 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;

        It appears that you agree to this and it thus raises the question is it necessary? Most apartment complexes do not have such equipment installed.

        Here is the definition of dwelling unit: “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.

        Certainly there is an argument to be made that this was an illegal entry and the landlord did not have the right to enter the premises and install this. Though getting it taken down may be something else entirely. I might have a discussion with the owner about this and see what happens.

118. Thank you for your quick turnaround on my story. About the building, there is no carpeting neither a sound barrier between floors. Both landlords and I have spoken with the 2 “ladies” and they have answer to us with a defiant attitude that they will not change or modify their behavior. I have a log of incident by day and time as they occur just in case I have to go to court. The only thing I have not done is tape record them, ant that’s an excellent idea.
     I have also given my landlord a copy of the “10 days to cure letter” so they can send it to the tenants, but I am getting just excuses from them.
     I guess I am playing “solo” here. What is my best option to end this nightmare without having to move? A lawyer? How much it’s going to cost me?
     Help!!!!

     1. Our 21-unit building had this problem for several years, while the “families with kids” moved out (due to increasing neighborhood violence AND the building being converted to condos) and college kids moving in on short-term leases or no leases. I’ve called the police perhaps 15 times in my 7 years here. Often if they show up (!!!) it’s enough to scatter the noisy partiers. But when the noise has been just a handful of tenants, I’ve let the landlord know about specific incidents, and started becoming the person who’ll always bang on their door and complain. Eventually either (1) the landlord will ask them to move because he doesn’t want the police being called to his building every weekend, or (2) they’ll make a deal with me about hours when I won’t complain about noise and hours where they will keep it down. I believe in Chicago the hours of 10pm – 8am during the week are considered Quiet Hours when your noise is not allowed to reach someone else’s apartment. (On the weekends I think it’s 11pm – 8am.)

119. I live in Andersonville in a 3 flat building. My apartment is on the first floor and on the second live two “college students” that are giving me hard time ever since they moved.
     This is the story: Although they are small and light, they walk like an elephants all around the apartment. And this is not all: Every night between the hours of two and three in the morning, and when they are back from partying, they start moving furniture and banging stuff on the floor and consequently I can not sleep for the rest of the night. Nedless to say, when they have boyfriends staing over is even worse… I am interested to find out what kind of college offers classes up to that late every night and what type of education they are receiving…
     I have contacted my landlord and we have spoken and requested them to be reasonable and considerate about the fact. Their answer is that they will not change their behavior.
     Last night I had to call the police to see if someone could help me out with this, but the agents, although they were very nice and supportive about my problem, they told me it is a civil matter and they could not do anything about it.
     I have notified the my landlord about last night incident and said they will talk again tomorrow and will call their parents, since they are the responsible for the lease. I asked the landlord I want to be present when it happen.
     What else can I do?

     Please help

     Juan

     1. Noise is a very difficult issue. People have widely varied tastes and responses to noise. From your letter it seems like the police did not think that they were violating any noise ordinances. There are few laws that govern this situation. I do not know if there is carpet in the units or other sound proofing that the landlord could provide. I think meeting with students to try and figure out something is a good idea. Maybe you can tape record the noise so that you can better document it. It might be a good idea to keep some sort of journal detailing what is happening. You may want to talk with an attorney to see if there is any action you can take against the landlord or the tenants above you.

        John

        1. Thank you for your quick turnaround on my story. About the building, there is no carpeting on the floors neither a sound barrier between floors. Both landlords and I have spoken with the 2 “ladies” and they have answer to us with a defiant attitude that they will not change or modify their behavior. I have a log of incident by day and time as they occur just in case I have to go to court. The only thing I have not done is tape record them, ant that’s an excellent idea.
           I have also given my landlord a copy of the “10 days to cure letter” so they can send it to the tenants, but I am getting just excuses from them.
           I guess I am playing “solo” here. What is my best option to en this nightmare without having to move? A lawyer? How much it’s going to cost me?
           Help!!!!

           Juan

120. Hi, I moved out of my apartment July 31st. I cleaned the entire apartment and thought I left it in better condition than when I moved in. My landlord is charging me a fee to clean the stove and fridge anyway. I sent her my pictures of the spotless inside of both appliances and she replied that the fee is for the stovetop (wasn’t in the picture but I did clean it) and for the outside of the fridge on the top, back and underneath. Is a tenant required to pull out the appliances and clean behind/under them?

     Secondly, I did not receive the letter with the list of deductions/receipts until September 3rd (34 days after my lease was up), however it was postmarked August 30th. Is it enough that the letter was postmarked on the 30th day, or is the landlord required to send it enough in advance that I receive it within 30 days of moving out? Thanks in advance for your help-

     1. Here is what the Chicago Landlord and Tenants Ordinance states 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. You should make sure that you are covered by the ordinance.

        There are several items to look at: First the the statement was not delivered to you within 30 days. The law does not say put in mail within 30 days. There may be some question because of the post mark as to when it arrived. Secondly the law states the actual cost of repair. A fee sounds like a standardized deduction for cleaning an appliance so it may not reflect the actual cost. Did they send you a cleaning bill from a cleaning service? You said that you left the unit in cleaner condition than when you took. Do you have any documentation of that? Finally an argument can be made that as long as unit was reasonably clean that is all you are required to do and that some minor dirt should just be considered normal wear and tear. Options for dealing with this are: immediately contact and attorney to see figure out a strategy for dealing with and so see if the landlord may have violated other laws or send the landlord a letter stating you did not receive the letter within the required 30 days, you left the place in better condition and therefore should have been no deduction. If they do not refund your money that you will engage an attorney in which case the landlord can be held liable not only for the amount owed but penalties of twice the deposit plus attorney fees.

121. I’ve been looking for laws about natural disasters and can’t find any! My building was evacuated Jul 24 2010 and re-opened Aug 14 2010. By re-open I mean there were still things on the lease that were guaranteed that were inoperable (ex. Air conditioning/heat). I just want to know my rights as a renter for a situation like this when it comes to paying rent and lessors obligations. Thank you for your time John!

122. Hi John,

     I live in West Lakeview area of Chicago, and our landlord has just told us that our monthly rent for a two bedroom/one bath is going to increase $200 (from $1500 to $1700) at the start of the new lease (Oct 1, 2010). I wasn’t sure if there was any sort of maximum on rental increase if there are no significant improvements to the rental property (our landlord has made no improvements, in fact has not bothered to fix any of things we have requested for the last 6 months). I thought I had read a long time ago that there is a 10% max increase? Might not be true for Chicago… do you know if there is any such law? And if so, what is the reference?

     The $200 increase is about 13.3%, which seems absolutely ridiculous given the current economy. I guess negotiation?

     1. Unfortunately, the city of Chicago has no limit on how much rent can increase. Like you, MTO would like to see some changes to that policy. https://www.tenants-rights.org/about-2/principles-of-affordability/

        The best route for you immediately would be negotiation with your landlord. Long term, you may be interested in joining the Community Congress of Tenants that takes on campaign issues such as this and other pressing issues facing renters in Chicagoland. https://www.tenants-rights.org/programs/tenant-congress/

123. My landlord will not give key to to front door, I ahve asked repeatedly and she avoids my question. I live in a garden level apartment so my only access is through the basement which is really inconvenient and embarrassing to bring people in through. Is she legally allowed to not give tenants a front door key.. she says as longs as we can exit from both front and back she does not have to. Is this true. I really want to know.

     1. I have never heard of this. I do not know of any law that addresses this specific issue. What is her reason for not giving you a key? If you leave out the front door can you lock it?

124. I’m renting an apartment located in Edgewater. When summer started hitting us hard I reported to my landlord the A/C furnace was not working properly. It may cool one day and then 6 days would only blow warm air. The first time he insoected it himself. The digital thermostat (I purchased and never deducted from rent) was set up to 70 degrees and the temperature was registered at 79 degrees inside. He said that was good and he could not do anything because he had a vacation trip to Greece and will be back in a month. Also said to contact his nephew or his wife to deal with the problem. Weeks passed and the unit worked one day and then stopped for few days and so on. For many occasions I called his nephew and he never made any efforts to repair the unit, so I left him alone. I called the landlady and expressed the problem. She sent the technician immediately. Unfortunately, and for my bad luck, the unit worked fine, but the technician said that the problem was a bad switch in the compressor and nnede to be replaced. The landaldy called the nephew and they agreed to fix it nex day. Next day came and he did not show up. I called the technician and he said the person never contacted him as agreed. Next day I called the landlady and only got voice mail. I had no other option that to leave a voice message telling her the unit was not working again and that it was extremelly hot in the apartment. I even said that I would pay the repair ($120.00)and then and deduct it from the next month’s rent. –No response– After that I called her nephew again and he said to me that he was busy on other things and that he would call me later. –No call–… One hour latter he showed up. The digital thermostat was set up to 70 degrees since early morning and the temoerature registerd inside the unit was almost 80. He said that temperature was ok for him, and that is normal at this tike of the year. He went upstairs to check the compressor and at the same time he was telling me he was calling the technician and he was not responding… Ironic, because the technician was texting me saying that this person was not alloing him to make any repairs even if I pay him. That it was ilegal if he come into his property and perform any repairs without his consent.– All messages are stored in my cell for evidence. The landlord’s nephew left my unit saying the temperature was right, (80 degrees) and that he couldn’t get a hold of the technician, and that he had to go because he had other things to do, and he would call me latter. –Never did–. Is this considered as retaliation? What can I do to resolve this problem?
     Thanks,
     Louis

     1. If you live in Chicago and the owner of the property does not live on the premises, then the law allows you to give the landlord a written notice describing the problem and giving the owner 14 days to fix the problem from the time of receipt of the notice. If the problem is not corrected then you can hire someone to make the repair and deduct the cost from the rent. The cost cannot exceed the greater of 1/2 month’s rent or $500.

125. What would be a “reasonable” amount or percentage of the rent to withhold (per section 5-12-110-4 of the RLTO) if the landlord is failing to provide hot water, which is an essential service listed under section 5-12-110 (f)?

     1. That is a tough question to answer and probably best left to an attorney. It may depend on a variety of factors such as rental amount, is there no hot water or is it sporadic, how much you use the hot water, etc Are there any attorneys who could respond to this?

126. I live in chicago and am renting a condo from an individual owner. How much notice does the owner need to give me if he is deciding to increase the rent at renewal time? He has just informed us 23 days prior to our lease coming up. His reason for the big increase are taxes, assessment fees (which I think are justified), but also for the repairs he has had to make in the apartment. The only repairs that have been made were replacing the AC wall unit and a plumbing issue. It is stated in the lease that those are his responsibility. He is also refusing to replace a second AC unit because of costs and we are unable to have our child use her bedroom because of the excessive heat in the room. Does he have the right to include repairs in the rental increase and be able to refuse to fix/replace AC unit that is part of the apartment per our lease? Can we ask for a deduction in our rent or concession for the months we were unable to use that bedroom? Thank you!

     1. Under the Chicago Ordinance if a landlord is not going to renew a lease they have to give you at least a 30-day notice. A large rent increase could well be considered a lease termination. If you are on a month to month that it has to be a 30 day notice for a rent increase. The landlord does not have to a reason for raising the rent and there are no laws governing the size of rent increases. However a landlord cannot retaliate against a tenant for asking for repairs or requesting an inspection from a City Department. There could be a retaliation argument. It is best to check with an attorney. Finally the law allows the tenant to withhold a portion of the rent if the landlord fails to make repairs or the tenant can use rent to make repairs. The tenant has to write a letter giving the landlord 14 days from the time of receipt to make the repairs. There are sample letters on our website. https://www.tenants-rights.org/category/landlord-tenant-faq/apartment-conditions-repair/.

127. I recently called my landlord because the 3 window AC units in my apartment have not been functioning well. He sent out a workman who removed the front from 2 of the units and cleaned the units beyond basic removal of the built in filters. Since I have dogs he said that it was my fault that cleaning was my responsibility. Additionally, this would be the first time in 3 years we have had to do anything to the units, however I have been the one installing and moving them to storage each year. It seems to me if the units are part of the apartment, the upkeep should be his responsibility no matter what form it takes. He seems to think everything is the tenant’s responsibility.

     1. I would tend to agree with you. If the landlord knew that you had dogs and did not put any clauses in the lease that might make you responsible then it would seem as though this is the landlord responsibility, especially given that it has not been maintained for at least 3 years. Have you been keeping the filters clean? As a tenant you have certain responsibilities to use all appliances in a reasonable manner which could be construed to mean cleaning filters. The landlord is not responsible for cleaning the place clean.

128. I became ill just before I was scheduled to move out of my (Chicago) apartment, 30 April. I notified my landlord by email that my doctor wanted me to go into hospital, due to exhaustion from lack of sleep: tenants above and below run, drag furniture around at all hours, etc. I further told him that a friend would be staying to take care of my bird and such, and that my friend speaks almost no English. Sorry, but we would have to discuss business later. I then told him that my computer was being packed up immediately and suggested he use the phone. (He knows mine is a cell phone, so I would not have to be home to get his call.)

     On Saturday, the 5th, he came to the apartment and **banged** repeatedly on the front door and rang the bell like a lunatic, then repeated the cycle: banging, ringing.

     On Monday, the 7th, there were 11 separate instances of banging and doorbell ringing (counting banging and ringing as a single instance) between the hours of 2:30 p.m. and 10:21 p.m. Front door, back door, door bell, you name it.

     I was in bed sedated and had told my friend not to get answer and get into a non-conversation. My landlord still did not know that I had not gone into hospital, so what he thought he could accomplish is beyond me.

     It was then discovered that he had changed the lock on my mailbox.

     I received an email from his lawyer. Mind you, the landlord did not know that my computer was not still packed up. I emailed the lawyer the story and told him that the landlord was holding a security deposit equal to a month’s rent, and that, as I had reason to believe it would not be returned, he’d have to settle for that. (Not strictly legal, but no other choice at the time.) I also asked him how rational he thought it was that the landlord was still using email, after being told that my computer was being disconnected and packed up days earlier. And what would the lawyer have assumed, had I not reconnected it and found his email?

     The landlord has never paid interest on my security deposit, never given me a copy of the tenant-landlord’s rights booklet, neglected repairs, and tried to blame me for not spotting a leak int he upstairs bathroom before the ceiling was damaged – (and never repaired). I might have noticed it sooner, except that there was already a wet-spot and minor cracking across a fairly wide area. (Who measures such things to see if there is an incremental change?)

     The trap under my kitchen sink had fractured late one evening. I barely had time to run to the hardware store before they closed. I cleaned up the water from the trap and installed the new one, calling my landlord when it was finished. Turns out he was in the building. I told him that I’d already run the water and made certain there were no leaks, though of course he was welcome to come inspect it. He declined, but muttered something about ‘not like last time.’ (Thus I expected that he would try to keep my security deposit, blaming me for not spotting that earlier leak.)

     The lawyer insisted and insisted that I call him, which I finally did. What was result of all this? He agreed to my emailed proposal that the landlord accept the security deposit as rent and agreed to get my landlord off my back so that I could recover well enough to get out of this horrid joint.

     What is the ruling about harassment of uninvolved parties, renters, and **the changing of locks on mailboxes**? (I thought that interfering with the US mail was a federal offense.)

     What is a landlord allowed to do when the rent is two days late? Is he allowed to show up and start banging on renters’ doors? This guy does so routinely, to anyone/ everyone.

     Is he allowed to show up with little or no warning for any reason short of an emergency and demand immediate access?

     1. You pose a lot of questions. Your situation would be best handled by calling the hotline. The number is on the bottom of the page. As for changing the locks on your mailbox that could possibly be considered a lock out. The following is the definition of a lockout under Chicago law

        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 laws are vague as to what a landlord can do if your rent is late. Certainly the landlord cannot enter your unit without permission. Can he routinely disturb the quiet enjoyment of your apartment. This would be a question better answered by an attorney as it will require some interpretation of the law.

        If your situation is covered by the Chicago landlord and tenants ordinance then the law states that in most situations the landlord has to provide the tenant with 2 days notice.

129. What is considered “wear and tear”? My old landlord is trying to keep our security deposit for nail holes in the walls, small nail holes made by the cable guy for his wiring, paint and three cracked tiles in the kitchen. These cracks are literally hair-line fractures with no points of impact. I had to get down on my hands and knees to find them. He has sent us a letter that states his repair guy estimates the costs at $825. There is not an itemized list attached with cost points per project, just a letter created on Microsoft Word. We took pictures of everything, even the holes, so we have evidence of our “damages”. March 15th will mark our 45 days post departure. He has sent us a check for the remainder of the security deposit, but we have no cashed it. We feel we are entited to more.

     1. Wear and tear is not specifically defined. The three items that you listed certainly sound as if they could be considered normal wear and tear. My suggestion is that you contact the landlord in writing stating that you have pictures of the place when you left which clearly show there was no damage. There was no need to paint. You did not draw on the wall etc. The holes in the wall were tiny and a part of normal rental life. and thus normal wear and tear. The cracks in the tile were once again caused by normal wear and tear of people walking on the floor. Therefore you want your full deposit returned. Ask the owner to please contact you immediately to discuss this matter or you will have no recourse but to pursue legal alternatives which could result in penalties and legal fees being assessed. I would then negotiate with the landlord and see if you can get a fair settlement and if not you will have to hire an attorney.

        1. Some day there will be a court case that goes into the question of what, exactly, is “normal wear and tear.” If there are some already, I’d like to know about them.

130. On April 2nd 2010 Lois My Lanlord asked me to move because she wants her nephew to move in.I only been here 4 months. I’m a single mom of two and due to have a another baby in July.They know this. I will be homeless or in a shelter if I don’t find another place. I have no saving or funds to move again. My mom took out a loan from her 401k to move me here.MY mom lives in a very small apt and I will not be allowed to move in with 3 children.I feel this is not right that I only have 30 days I have no family but my mom and she also is a single mom. Where can I get money to move me and children again? I was very lucky to find such a nice place for 550.00. I can’t find another place for this price around here in such a nice area.Places are going for 700 800 here. OMG Please help me with an answer. Do they have the right to do this to someone? I don’t want an eviction on my record. I feel so hurt. I love it here and planned on staying here for sometime. I’m a good Mom and do my best.I work part time at the moment. I take care of my children, pay my bills and rent on time. Please help is this something a landlord can do to a tenant? Please In Chicago, IL

     1. This is a very unfair situation and with the economy there are many people in this situation, possibly your landlord’s nephew. Is there a lease or are you on a month to month agreement. If there is a year lease then the owner cannot ask you to leave. If you are on a month to month agreement the landlord is in their rights as long as they have given you the notice in writing at least 30 before your next rental period.

        If you have to move you may want to start by asking the landlord if they can give you back your security deposit now. Ask the landlord if they would inspect the unit now and they will see there is no damage. You may ask if you can have an additional month there? If you live in Chicago, you can call 311 and ask for homeless prevention funds. In the federal stimulus package passed last year there is money for situation like this if you qualify (ie have a job and can afford to pay rent)

        1. I would inquire here whether there has been enough information given to this unfortunate person about the eviction process and the rights of tenants that may exist if other facts come to light.

           I would strongly urge that when questions such as this are presented, that there should be a cadre of lawyers, ready, willing and ABLE to undertake representation on the proverbial “drop of a hat” to help persons like the one who left this particular note.

131. My husband and I moved into a new apartment last week. We paid a security deposit last month (no receipt) but have not yet paid the first month’s rent. We do not have a written lease yet b/c our landlord was out of town; we had verbally agreed to meet with him when he got back and pay him when we signed the lease. He never called us to schedule the meeting. In the meantime, we have discovered all kinds of problems with the apartment: an enormous amount of dirt and dust due to recent renovation (we rented a shop vac and spent hours vaccuuming and cleaning); loud door-slamming right beneath us at all hours of the day and night from the staff of the bar next door (they use our basement as their liquor stockroom, which it turns out is illegal as well as nerve-wracking); the landlord gave us the name of the wrong gas company, so our gas hasn’t been turned on yet (no hot water, no stove, no dryer); and the electricity was suddenly shut off yesterday because it was still in the last tenant’s name and the account was in arrears. We want to move out on 4/30/10. We think the landlord will want to keep our security deposit AND have us pay rent for April. What are our rights?

     1. It is impossible to answer your question at this time because I do not know where you live. There are different laws depending on whether you live in Chicago, Evanston, Mount Prospect or other municipalities. The laws around security deposits also depend on the size of the building and whether the owner lives on the premises. Certainly as an organization, MTO believes that State of Illinois should consider passing a comprehensive landlord and tenants ordinance that would cover all areas of the law. As for terminating a month to month agreement, the law generally requires that the tenant provide the owner with a 30 day written notice to terminate the lease. It does not sound like this happened so you may have some liability. Have you given the owner any notice about the repairs or cleaning that needs to be done.

132. My landlord/manager of the condo I am renting, leased me this unit knowing it was under foreclosure. We did not know of this forclosure until just recently when we did some investigation, and contacted him (after several attempts)and asked for information on the foreclosure. He did not want to provide, so I advised him that I will withhold rent until he provides such documents. A couple of days later he served me with a 5-day notice. There are a lot of issues we’ve had with him prior to discovering the foreclousre. (it took him almost two months to provide rent reciept, security deposite receipt, and even a signature on the lease along with a copy, we’ve asked for several things to be replaced, and it has never happened, amongst others) I have recently been subjected to appear at court. What information should I have to justify my not paying rent. Please advise or forward me information to someone that can help..

     1. Landlords are required to inform tenants if the building is in foreclosure. However this does not give you the right not to pay rent. My suggestion is to try and obtain the help of an attorney as eviction court is very unfriendly to unrepresented tenants. The last study that I heard was that over 98% of tenants who go into eviction court without an attorney lose. There are lists of attorneys at the top of the page under resources.

        1. Readers should do a Google search on the publication:
           “No Time for Justice”, published by the Lawyers Committee for Better Housing. Find the report, read it…at least the executive summary…and you will see how long it takes for a trial to take if the tenant does not have a lawyer.

133. You should call our tenants rights hotline 773-292-4980. This sounds like a lockout situation.

     John

134. I am planning on moving out of my apartment from which I have lived for 20 years. I was wondering, do I have to inform the landlord that I am moving, and if so how much time do I have to inform him that I am moving.

     1. This is good question for MTO’s tenants rights hotline. If you are on a month-to-month agreement then you will have to give the landlord at least a 30-day notice prior to the start of a monthly rental period. So if yourent from the first to the first then it must be at least 30 days prior to the first. If you have a lease you must follow the terms of the lease regarding notice. If no notice is required then you may move at the end the lease. Certainly it is always better to provide the owner with notice. It will make an easier transition.

        1. There is a big difference in Chicago as to a rental under the RLTO, between a month to month verbal lease, where 30-days written notice is required to terminate the lease by either party, AND, a written lease that ends on a particular date and where, under the RLTO, the tenant does not have a duty or responsibility to provide such written notice.

135. My sister, her adult daughter and her daughter’s 5 month old baby live in Chicago public housing scattersite but my sister plans on moving out before her new lease starts in Febuary. Does her daughter have to move out also? If not, does she have to pay the new rent amount even if housing knows she’s living there without any income?

     1. CHA has changed its policy and they for the most part do not allow split transfers, meaning that the Section 8 goes with your sister and her daughter does not automatically get a subsidized unit. The daughter can apply to CHA though their waiting list is currently full. Some HUD buildings may have shorter lists or even vacancies though she will have to go visit each site individually.