Tag: rent

Apartment Conditions and Repairs – FAQ

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NOTE: If your landlord lives in your building, see the “Exceptions” note on the right side of this page.

What is my landlord responsible for?
Your landlord has a duty to keep your apartment in good shape and make all necessary repairs. If she fails to do this, you may be able to:

  • Make the repairs yourself and deduct their cost from your rent;
  • Withhold a portion of your rent;
  • Sue your landlord; or
  • Terminate your lease agreement. This pamphlet explains when and how you can do these things.

What must my landlord do to maintain the condition of my apartment?
Keep your toilet, bathtub, shower, and bathroom sink in good working order;

  • Keep your furnace and boiler in good working order;
  • Keep your windows weatherproof;
  • Keep your floors, walls and ceilings in good repair;
  • Keep your plumbing fixtures in good repair;
  • Keep your electrical outlets safe and operable;
  • Prevent the accumulation of stagnant water;
  • Keep all of the appliances he supplies in good working order;
  • Maintain the building is foundation, exterior walls, and roof in good and watertight condition;
  • Provide adequate hall and stairway lighting; Keep all stairways and porches in a safe and sound condition;
  • Provide trash containers;
  • Protect you against rodents and insects by exterminating; and
  • Comply with all other requirements of Chicago’s Municipal Code.

If my landlord doesn’t make necessary repairs, can I use my rent to pay for these repairs?

Yes, but only if the repair will not cost more than $500 or one-half of your rent (which ever is greater). Using your rent money to make necessary repairs is called “repairing and deducting.”

How do I “repair and deduct?”
First you must give your landlord a written notice stating that, unless she makes the necessary repairs within 14 days, you will make them yourself and deduct their cost from your rent. Keep a copy of the notice. If your landlord doesn’t make the necessary repairs within 14 days of receiving the notice, you can make the repairs or pay someone else to do it. After giving your landlord paid receipts to confirm the cost of repair, you can deduct this cost from your rent. See sample letter here.

What if I want to repair a problem in a common area, such as a stairway or hallway?
You must first give all of the other tenants written notice of your plan to make the repair.

If my landlord doesn’t make necessary repairs, can I withhold a portion of my rent?
Yes, but first give your landlord a written notice stating that, unless she makes the necessary repairs within 14 days, you will withhold a certain portion of your monthly rent payments. NOTE: You cannot withhold a portion of your rent and “repair and deduct” in the same month.

If I decide to withhold a portion of my rent, exactly how much should I withhold?
The amount you withhold must reasonably reflect the reduced value of your apartment. Be conservative. You cannot withhold all your rent unless your apartment is in such bad shape that you must move, and you can rarely withhold as much as 50%. If you withhold too much, your landlord may be able to evict you for nonpayment of rent. To be safe, consult with an attorney. See “rent reduction” sample letter here.

Can I terminate my lease because my landlord has failed to make necessary repairs?
Yes, but only in very serious cases. Consult with an attorney first.

How can I terminate my lease?
First, you must provide your landlord with written notice that you will terminate your lease in no less than 14 days unless he makes whatever repairs are necessary. If she does not correct the problem within 14 days of receiving this notice, you may terminate your lease agreement. If you terminate the lease, you must move within the next 30 days otherwise your lease will remain in effect. See sample letter here.

If my landlord doesn’t make necessary repairs, can I sue him/her?
Yes, but consult with an attorney first.

Can I make my landlord pay for the cost of repairing a problem I caused?
No.

What if my landlord fails to provide me with an essential service (such as heat, electricity, or running water)?
See the page entitled Heat & Other Essential Services.

Does my landlord have to repaint my apartment?
Not unless the paint is cracking or peeling.

Can I sue my landlord if my property is damaged in her apartment?
Only if the property was damaged as a result of your landlord’s negligence.

Please Note: This information, published by the Legal Assistance Foundation of Chicago and the Metropolitan Tenants Organization as a public service, gives you only a general idea of your rights and responsibilities under the Residential Landlord and Tenant Ordinance and other relevant chapters of Chicago’s Municipal Code. It is meant to inform, but not to advise. Before enforcing your rights, you may want to seek the advice of an attorney who can analyze the facts of your case and apply the law to these facts.

Still can’t find the answer? Send us your questions. Please allow several days for a response.

Tenants and Foreclosure – FAQ

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Tenants impacted by foreclosure: Frequently Asked Questions

What is a foreclosure?
When an owner falls behind in mortgage payments, foreclosure is the court process by which a bank forces the sale of a building used as security in order to pay off the owner’s debt. In an effort to protect tenants who live in a building that is in foreclosure, the city passed the Keep Chicago Renting Ordinance (KCRO). Under the KCRO, you may be eligible for a lease renewal or $10,600 in relocation assistance. To learn more click HERE.

Who owns the building while it is in court?
Just because a building is in foreclosure does NOT mean that the building has been foreclosed on or will be foreclosed on. Until the court approves a sale and there is a confirmation of sale, your landlord still owns the building. In most cases, the bank acquires the property and becomes the owner.

What are some common signs that my building might be in foreclosure?
– Maintenance suddenly stops
– Utility shutoff notices
– Banks sending notices to the landlord
– Realtors hanging around the building, or taking pictures of the building
– The landlord disappears and/or stops collecting rent.

How long does the foreclosure process take?
The court process takes an average of nine months. If the owner is not able to satisfy the bank’s requirements, the court puts the property up for sale where it is usually bought by the bank.

Where can I find out if my building is in foreclosure?
1. Get the PIN # of the property by going to www.cookcountyassessor.com and entering the building address.

2. Enter the PIN # at www.cookrecorder.com or call the Recorder of Deeds at 312-603-5050 and give them your PIN #. If the building is in foreclosure, they can provide you with the foreclosure notice (the “lis pendens”) and the associated foreclosure court case number.

3. For more information about the case go to www.cookcountyclerkofcourt.org or call the Chancery Court, at 312-603-5133. You can also go to http://www.cookcountyclerkofcourt.org – go to online case info – full docket search – and search the chancery division for the landlord’s name under defendant or using the case #.

Under the Keep Chicago Renting Ordinance (KCRO), if your building is in foreclosure, you may be eligible for a lease renewal or $10,600 in relocation assistance. To learn more about the KCRO, click HERE.

Do I still have to pay rent?
Yes. As long as you are living in the unit you must pay rent. Checks or money orders are best so that you have proof of payment. You can still be evicted for nonpayment of rent even though your landlord is in foreclosure.

What if I don’t know to whom to pay rent or the landlord stops collecting it?
Click here to find our who the owner is or contact a lawyer to assist you in determining the new owner of the property. Be sure to ask any new people claiming to be the owner for proof before giving them rent money. The law only requires that tenants make a good faith effort to pay the rent if the landlord disappears. Some examples of good faith efforts to pay rent may include:
– Holding the rent in a money order
– Using the rent on utilities your landlord was paying
– Using the rent to make repairs to the property
– Sending a letter via certified mail, requesting information from the new owner on where to send the rent. (Keep             a copy of the letter for yourself)

Do I have the right to break my lease because my landlord is in foreclosure?
No…however, if you are covered under the Chicago Residential Landlord Tenant Ordinance and did not receive proper notice, please see below under Are landlords required to tell their tenants that their building is in foreclosure?

The bank has taken over the building. What do I do?
The bank is your new landlord. You must pay them rent once they have notified you as to whom and where to pay, and they are responsible for repairs, any utilities paid by the old landlord, etc. If you are uncertain of who to pay, hold your rent in escrow. Also, check to see if you’re covered by the Keep Chicago Renting Ordinance. You may be eligible for relocation assistance if the bank chooses not to renew your lease.

The sheriff posted a notice saying that my landlord or unknown occupants must vacate the building. Does this apply to me?
No. If your name is not on the notice, you do not have to move. Immediately contact the sheriff’s office at (312) 603-3365 to inform them that there are tenants in the building and contact an attorney to get legal help. If the sheriff shows up, you will need to show them identification, as well as your lease, a piece of mail, or other evidence proving that you are a tenant in the building and not the landlord.

Will I have to move? How much time will I have once a new owner takes over?
If the building is foreclosed upon and sold, the new owner must give you 90 days or until the end of your lease, whichever longer. However, if the new owner would like to use the unit as a personal residence, they do not have to honor the lease, but they must give you at lest 90 days notice prior to eviction proceedings. Once the lease expires, the owner must give you a 30 day notice in writing before proceeding in eviction court. (This is assuming that you are lease complaint and up to date on rent.)

NOTE: The sheriff’s office can and will evict tenants during the winter, with the exception if it is 15 degrees or snowing.

Can the bank or new owner put me out without a court date?
No. If anyone tries to evict you before taking you to court, then it is an illegal eviction, also known as a lockout. Call the police, file a police report (get officers name and badge #) and contact the Tenants Rights Hotline at 773-292-4988. If you receive a summons to court make sure to contact an attorney.

Will this eviction show on my record?
If you were evicted solely because of the foreclosure your attorney can petition the judge to seal the record. If you are evicted for nonpayment of rent, it will be on your record.

The bank offered me a “Cash for Keys” deal. What should I do?
Sometimes banks offer tenants a cash for keys deal in order to vacate the building more quickly. Evaluate the entire situation first and make sure you have enough time to find a safe and decent apartment. Make sure you get any deal in writing and talk to a lawyer before you sign. If the bank does not offer a settlement feel free to ask for one. However, be aware that many tenants are eligible for $10,600 under the KCRO, which is more than most banks will initially offer. Call us or contact an attorney before agreeing to any “Cash for Keys” deal.

How do I get my security deposit back?
If your tenancy is NOT governed by the Chicago Residential Landlord Tenant Ordinance (CRLTO): The bank is not responsible for your deposit. If you do not receive your security deposit back within 45 days of moving you can take your landlord to court. If you know your landlord is in foreclosure court or is about to lose the building ask for written permission to live out your security deposit. If you live out your deposit without permission you can be evicted for non-payment of rent. If your tenancy is CRLTO please see below.

Additional Information for tenants who are covered under the Chicago Residential Landlord Tenant Ordinance (CRLTO): If you live in Chicago, the Ordinance governs your tenancy unless you reside in:

  • An owner occupied building containing less than seven apartments;
  • A hotel, motel, inn, rooming house, or boarding house (unless you have resided there for more than 31 days and pay rent on a monthly basis); or
  • A hospital, convent, monastery, school dormitory, temporary overnight or transitional shelter, cooperative, or
  • A building owned by your employer (assuming your right to live there is conditioned upon you being employed in or around the building).

What happens to my security deposit?
In the event that the building is lost to foreclosure, the lender is responsible if the landlord fails to return the security deposit.

Are landlords required to tell their tenants that their building is in foreclosure?
If your tenancy is governed by the CRLTO: The landlord is required to tell current tenants about foreclosure filings within seven days of being served with a foreclosure complaint. The landlord must also inform any potential tenants before they move in. Tenants who were not properly informed about the foreclosure can sue for $200 in damages and/or terminate their leases.

Additional References:
Building Inspectors: Call 311 for an inspection if you have repairs that need to be made or are lacking utilities.
If you need assistance moving or with a security deposit call 311 and inform them that your landlord is in foreclosure.

Request an inspection online

Lawyers Committee for Better Housing: (312)-347-7600

Legal Assistance Foundation (Subsidized Tenants): (312)-341-1070

Sheriffs Eviction Unit: (312)-603-3365

Chancery Court: (312)-603-5133

Metropolitan Tenants Organization Tenants’ Rights Hotline: (773)-292-4988 Open: Mon-Fri, 1-5pm

Chicago Legal Clinic: (773)-731-1762

Citizens Utility Board: 1-800-669-5556

Apartment Conditions & Repair: Repair and Deduct Sample Letter

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This letter applies to residents within the city of Chicago only who are covered under the Residential Landlord Tenant Ordinance (RLTO). Please see the Exceptions to the RLTO to ensure the law applies to you.
For tenants in suburban Chicagoland, please click here for the law as it applies in your town.

14Day Repair & Deduct

Moving In – FAQ

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NOTE: If your landlord lives in your building, see the “Exceptions” note on the right side of this page.

Does my landlord have to give me him/her or anyone else’s name, address and telephone number when I move into the apartment?
Yes. Your landlord must give you the names, addresses and telephone numbers of the:

  • Owner or manager of the building; and
  • Person who can receive, on your landlord’s behalf, your notices and demands.

Must I have a written lease agreement?
No. You and your landlord may, if you want,enter into an oral lease agreement. If you have an oral agreement and pay rent on a monthly basis, you have a month-to-month tenancy which either you or your landlord can terminate with at least one month written notice. Please refer to Leases for more information.

What is the advantage of a written lease agreement?
It clearly sets forth the terms of your agreement with the landlord. Furthermore, it states how long your tenancy will last. (IMPORTANT: Your landlord cannot terminate your lease early unless you violate one of the lease provisions). Please refer to Leases for more information.

After I sign a written lease agreement is there a grace period during which I can cancel it?
NO

What if my landlord promises to make certain repairs before I move into the apartment?
Get the landlord to sign a written agreement stating that he/she will complete these repairs by a certain date.

Must my landlord give me a summary of Chicago’s Residential Landlord and Tenant Ordinance?
Yes. If you do not have a written lease, your landlord must give you a copy of the summary. If you do have a written lease, your landlord must attach the summary to your rental agreement.

What if my landlord does not give me this summary?
You can send him/her a letter stating that you are terminating your tenancy. This letter must specify the date of termination (which cannot be more than 30 days after the notice is sent). You may also sue your landlord for $100.

What if the landlord will not let me move in to the apartment?
You have two choices.

  • If you no longer want the apartment, you can send the landlord a letter stating that you are canceling the lease because he/she refused to let you move in. Keep a copy of your letter. If your landlord does not return your security deposit and prepaid rent, you can sue her.
  • If you still want the apartment, you can send the landlord a letter stating that you want to move in. Keep a copy of your letter. If the landlord does not let you move in, you can sue him/her and ask the court to order him/her to let you move in. You can also recover whatever money you had to spend on temporary housing while waiting to move in.

Can a landlord refuse to rent to me an apartment just because I have children?
No, If a landlord does this, call a lawyer.

Can the landlord tell me how many people can live in my apartment?
The landlord can only insist that you comply with local law, which provide that tenants cannot live in apartments (or sleep in bedrooms) that are too small for the number of people who live there. For instance in Chicago, two tenants cannot live in an apartment that has less that 250 square feet of floor area, three tenants cannot live in an apartment that has less than 350 square feet of floor area, and so on. As long as you are following local laws, the landlord cannot tell you which rooms your family can use as sleeping areas. If you think the landlord’s rules are more restrictive than local law, contact an attorney.

Is it illegal for a landlord to discriminate against me?
Yes, but only if your landlord is discriminating against you on the basis of your:

  • Sex
  • Race
  • Religion
  • Nationality
  • Mental or physical disability;
  • Marital status;
  • Parental status;
  • Age (if you are at least 40 years old);
  • Unfavorable military discharge;
  • Sexual orientation;
  • Source of income;
  • Status as a current or former CHA resident; or
  • Participation in a Section 8 housing program.

What should I do if a landlord discriminates against me?
You should call an attorney or organization that specializes in discrimination complaints.

If I have a written lease, can my landlord raise my rent before the lease ends?
Only if the lease states that the landlord can do this. Otherwise, your rent must remain the same until the lease ends. Please refer to Leases for more information.

If I do not have a written lease, when can my landlord raise the rent?
Your landlord can raise the rent only after giving you written notice. If you pay rent on a monthly basis, you must receive at least one month advance notice. If you pay rent on a weekly basis, you must receive at lease 7 days advanced notice.

Please refer to Leases for more information.

Please Note: This information, published by the Legal Assistance Foundation of Chicago and the Metropolitan Tenants Organization as a public service, gives you only a general idea of your rights and responsibilities under the Residential Landlord and Tenant Ordinance and other relevant chapters of Chicagoís Municipal Code. It is meant to inform, but not to advise. Before enforcing your rights, you may want to seek the advice of an attorney who can analyze the facts of your case and apply the law to these facts.

Still can’t find the answer? Send us your questions. Please allow several days for a response.

Lockouts – FAQ

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NOTE: If your landlord lives in your building, see the “Exceptions” note on the right side of this page.

Lockouts from rental any unit are illegal in the City of Chicago.

What is a lock-out?
Its an attempt to force you out of your apartment by:

  • Changing or plugging the locks on any of your doors;
  • Blocking an entrance to your apartment;
  • Removing one of your apartment doors or windows;
  • Shutting off any of your utility services; or
  • Removing your personal property from the apartment.

Lock-outs are against the law, and your landlord can be arrested and fined for locking you out of your apartment.

Can I be locked-out if I don’t pay rent?
No. Your landlord can evict you for non-payment of rent, but he/she must first file a lawsuit against you, win this lawsuit, and then pay the Sheriff to evict you. Your landlord cannot just lock you out of your apartment. Please refer to Leases for more information.

Can I be locked-out for any reason?
Only if you have abandoned the apartment. Your landlord, however, cannot claim that you have abandoned your apartment unless:

  • You tell your landlord that you are leaving and not coming back;
  • Everyone in your household removes their personal belongings and leaves the apartment for at least 21 days, and no rent is paid for the period you are gone; or
  • Everyone in your household leaves the apartment for at least 32 days and no rent is paid for the period you are gone.

What should I do if my landlord locks me out?
Call the police. If they can find your landlord they will order him/her to let you back into your apartment. Make sure you have something to show the police to prove that you reside in the apartment (such as a rent receipt, utility bill, etc.). You should also call an attorney.

What if the police will not help me?
Remind them that Special Order #01-04-03 states that they must investigate and end lock-outs. If a police officer refuses to help you, get his badge number, call your local police station, and ask to speak with the Watch Commander. If you are still unsuccessful, call MTO with that information at 773-292-4988.

Can I sue my landlord if he/she locks me out?
Yes, but you should speak to an attorney first. You can sue your landlord for two months rent or twice your actual damages (whichever is greater), plus attorney’s fees.

What is retaliatory conduct?
It is any action your landlord takes (or threatens to take) to punish you for engaging in one of the “protected activities” described below.

  • Complaining to a government agency, community organization, or the news media about the condition of your apartment;
  • Asking your landlord to make necessary repairs;
  • Joining a tenants’ organization;
  • Testifying in any court or administrative proceeding about the condition of your apartment or building; or
  • Exercising any other right or remedy under law.

How might my landlord try to retaliate against me?
They might try to retaliate against you by:

  • Terminating or threatening to terminate your lease agreement;
  • Increasing your rent;
  • Refusing to provide you with a necessary service; or
  • Refusing to renew your lease agreement.

Please refer to Heat and Other Essential Services for more information. Please refer to Leases for more information.

How can I prove that my landlord’s conduct is retaliatory?
Keep a record of your “protected activities.” For instance, if you write a letter to your landlord asking him to make repairs, save the letter. Your landlord’s conduct is presumed to be retaliatory if it occurs within one year after you engaged in a “protected activity.” Your landlord may, of course, overcome this presumption by showing that he had a legitimate reason for terminating your lease, increasing your rent, etc.

Please Note: This information, published by the Legal Assistance Foundation of Chicago and the Metropolitan Tenants Organization as a public service, gives you only a general idea of your rights and responsibilities under the Residential Landlord and Tenant Ordinance and other relevant chapters of Chicago’s Municipal Code. It is meant to inform, but not to advise. Before enforcing your rights, you may want to seek the advice of an attorney who can analyze the facts of your case and apply the law to these facts.

Still can’t find the answer? Send us your questions. Please allow several days for a response.

Heat & Other Essential Services – FAQ

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thermostat

NOTE: If your landlord lives in your building, see the “Exceptions” note on the right side of this page.

What are essential services?
Heat, running water, hot water, electricity, gas,and plumbing.

Who is responsible for paying for these services?
That depends upon the terms of your lease agreement.

What if I’m responsible for the cost of heating my apartment?
Your landlord must give you a written statement setting forth the projected average monthly cost of heating your unit. (Your landlord must do this even if your tenancy is not governed by Chicago’s Residential Landlord and Tenant Ordinance).

What if I get a shut-off notice because my landlord didn’t pay a utility bill?
After giving your landlord written notice of this problem, you can

  • pay the utility company to keep the service on, and
  • deduct from your rent the amount you pay the utility company.

What is the first thing I should do if an essential service that my landlord is supposed to supply is shut off?
You must first give your landlord written notice of this problem. THIS IS EXTREMELY IMPORTANT. After providing such notice, you have several options. These options are set forth in the answers to the next five written questions.

Can I pay the utility company to restore the service?
Yes, and you can deduct this payment from your rent. Make sure you get a receipt from the utility company so you can prove how much you paid.

Can I buy something (such as a space heater) that can supply the essential service?
Yes, and you can deduct from your rent the cost of what you’ve bought. Make sure you get a receipt for your purchase so you can prove how much you paid for it. Do not use a gas stove to heat the apartment!

Can I sue my landlord?
Yes, but contact an attorney first. He/she can help you sue your landlord for an amount that reflects the reduced value of your apartment plus attorney’s fees.

Can I move out of my apartment and stay in a motel until the essential service is restored?
Yes, and you do not have to pay rent for the period you’re in the motel or other temporary housing. Furthermore, you may deduct from your future rent payments the cost of this temporary housing (as long as it does not exceed your monthly rent).

If my landlord doesn’t restore the essential service, can I terminate my lease?
Yes, but only if your landlord doesn’t restore the service within 72 hours of receiving your written notice. If that happens, you can send your landlord another written notice stating that you are terminating the lease agreement.
NOTE: You may not terminate your lease agreement for lack of an essential service if the utility company is unable to provide the service). If you terminate the lease, you must move within the next 30 days. Otherwise, your lease will remain in effect.

What if a member of my family, a guest, or myself are responsible for the lack of service?
In that case, you may not use any of the remedies set forth above.

Am I entitled to notice if the building’s utilities are going to be disconnected?
Yes. Your landlord must provide you with written notice of any proposed shut-off. This notice must:

  • Identify the service that will be terminated;
  • State the intended date of termination; and
  • State whether the proposed termination will affect your apartment.

What if my landlord fails to provide me with this notice?
You can notify him/her, in writing, that you will terminate the lease agreement in no less than 14 days if he/she does not provide you with the required information. If you terminate the lease, you must move within the next 30 days. Otherwise, your lease will remain in effect.

How warm should my apartment be?
The Chicago Municipal Code states that, from September 15 of each year to June 1 of the following year, the temperature in your apartment must be at least:

  • 68 degrees from 8:30 a.m. to 10:30 p.m.
  • 66 degrees for all other times.

*This is true even if your tenancy is not governed by Chicago’s Residential Landlord and Tenant Ordinance.*

What if my apartment is too cold?
Record the temperature in your apartment three times a day for a week. If these recordings show that your apartment is too cold, send your landlord a letter stating that he/she is violating the Chicago Municipal Code and must increase the temperature in your apartment. If he/she doesn’t comply with this demand, call the City’s Heat Hotline at 312/744-5000.

What if my landlord shuts off my utility service in an attempt to force me out of the apartment?
Call the police and an attorney. (For more information, see “Lock-outs and Retaliation“).

Please Note: This information, published by the Legal Assistance Foundation of Chicago and the Metropolitan Tenants Organization as a public service, gives you only a general idea of your rights and responsibilities under the Residential Landlord and Tenant Ordinance and other relevant chapters of Chicago’s Municipal Code. It is meant to inform, but not to advise. Before enforcing your rights, you may want to seek the advice of an attorney who can analyze the facts of your case and apply the law to these facts.

Still can’t find the answer? Send us your questions. Please allow several days for a response.

Security Deposits – FAQ

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NOTE: If your landlord lives in your building, see the “Exceptions” note on the right side of this page.

Do I have to tell my landlord I am moving if I have a written lease?
No. Your lease sets forth the date on which it ends, and you are supposed to move on that date unless you and your landlord agree to renew your lease agreement.

What if I do not have a written lease?
If you pay rent on a monthly basis, you must give your landlord 30 days written notice that you are moving out. Otherwise, you can be held liable for another month’s rent. If you pay rent on a weekly basis, you give your landlord 7 days written notice that you are moving. Otherwise, you can be held liable for another week’s rent.

Can I use my security deposit to pay the last month’s rent?
Not unless your landlord agrees to let you do this. If you reach such an agreement with your landlord, make sure you get this agreement in writing. A security deposit is not rent. You may get evicted if you treat it like rent, without your landlord’s written permission.

Is there anything I can do before I move to make sure I get back my security deposit?
Yes. Clean the apartment, repair any damage you caused, and take pictures of the apartment to verify its condition. You should ask the landlord to:

  • Walk through the apartment with you just before you move out; and
  • Sign a statement verifying the condition of the apartment.

What if I move out after the day I am supposed to move?
You may become responsible for an additional month’s rent. For instance, if you are supposed to move on the last day of January, but you don’t actually move until February 2, your landlord may be able to hold you responsible for the February rent.

What if I leave my property behind when I move out?
Your landlord must leave the property in the apartment or store it somewhere safe for 7 days. If the property is not worth the cost of storage, however, he/she can throw it away immediately.

Can I break my lease before it ends?
Only if your landlord agrees to let you out of the lease or violates your rights under the Chicago Residential Landlord and Tenant Ordinance. If You want to break the lease because your landlord has violated your rights, contact an attorney.

What if my landlord doesn’t let me break the lease, but I still move out before the lease ends?
Your landlord must make a good faith effort to re-rent the apartment. If he/she’s unsuccessful, you remain responsible for the rent. If he/she rents it for less than what you were paying, you remain responsible for the difference.

Can I sublet my apartment?
Yes, and your landlord cannot charge you any subletting fees. Furthermore, if your landlord does not let you sublet to a suitable person, you don’t have to pay rent for the period that begins when the subtenant was willing to move in.

What if my subtenant does not pay the rent?
You become responsible for it.

What happens to my security deposit when I Sublet?
The landlord is entitled to hold your security deposit until the end of the lease, so you should either:

  • Ask your landlord to return your deposit and collect a new one from the subtenant; or,
  • Collect a security deposit from the subtenant yourself.

The landlord cannot keep a deposit from both you and the subtenant if the total amount of the deposit exceeds the amount listed on the lease.

What happens if my landlord refuses to return my security deposit?

The Chicago Residential Landlord Tenant Ordinance states that when a tenant moves out, the landlord has 30 days to give the tenant an itemized list of any repairs or deductions they intend on withholding from the security deposit, including receipts/estimates. The landlord has a total of 45 days to return the remaining amount of the deposit, plus interest. If the landlord does not provide the tenant with a list of deductions within 30 days of vacating the unit, they must return the full deposit amount with 45 days of move-out. If they fail to comply, you can sue the landlord for twice the amount of the deposit, plus courts costs and attorney fees. To request your deposit, use Squared Away Chicago to send your landlord a legal notice. If your landlord still does not return the deposit, contact MTO for an attorney referral.

Please Note:This pamphlet, published by the Legal Assistance Foundation of Chicago and the Metropolitan Tenants Organization as a public service, gives you only a general idea of your rights and responsibilities under the Residential Landlord and Tenant Ordinance and other relevant chapters of Chicago’s Municipal Code. It is meant to inform, but not to advise. Before enforcing your rights, you may want to seek the advice of an attorney who can analyze the facts of your case and apply the law to these facts.

Still can’t find the answer? Send us your questions. Please allow several days for a response.