City Of Chicago, Illinois Lease Page 5
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5FAILURE TO PROVIDE ESSENTIAL SERVICES (heat, running or hot water, electricity, gas or plumbing) [Mun. Code ch.
5-12-110(F)]
If, contrary to the lease, an essential service is not provided, or if the landlord fails to maintain the building in material
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compliance with the Code to such an extent that such failure constitutes an immediate danger to the health and safety of the
tenant, and the tenant or tenant’s family or guests are not responsible for such failure, after giving written notice, the tenant
may do ONE of the following:
1.
Procure substitute services, and upon presenting paid receipts to the landlord, deduct the cost from rent; OR
2.
File suit against the landlord and recover damages based on the reduced value of the dwelling unit; OR
3.
Procure substitute housing and be excused from paying rent for that period. The tenant also may recover from the
landlord the cost of substitute housing up to an amount equal to the monthly rent or portion thereof; OR
4.
Request that the landlord correct the failure within 24 hours and if the landlord fails to do so, withhold from the
monthly rent an amount that reasonably reflects the reduced value of the premises. Rent withholding cannot start until
after the 24 hours expires ands applies only to days past the 24-hour waiting period; OR (eff. 1/1/92)
5.
Request that the landlord correct the failure within 72 hours and if the landlord fails to do so, terminate the rental
agreement. If the rental agreement is terminated, the tenant must deliver possession within 30 days or the notice of
termination is considered withdrawn. (eff. 1/1/92)
NOTE: Remedies 4) and 5) may not be used if the failure is due to the utility provider ’s failure to provide
Service. For the purposes of this section only, the notice a tenant provides must be in writing, delivered to the address the landlord
has given to tenant as an address to which notices should be sent. If the landlord does not inform the tenant of an address, the tenant
may deliver written notice to the last known address of the landlord or by other reasonable means designed in good faith to provide
written notice to the landlord. (eff. 1/1/92)
FIRE OR CASUALTY DAMAGE [Mun. Code ch. 5-12-110(g)]
If fire damages the unit to an extent that it is in material noncompliance with the Code and the tenant, tenant’s family or
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guests are not responsible for fire or accident, the tenant may:
1.
Move out immediately, but if this is done, the tenant must provide written notice to the landlord of the intention
to terminate within 14 days after moving out.
2.
The tenant may stay in the unit, if it is legal, but if the tenant stays and cannot use of a portion of the unit
because of damage, the rent may be reduced to reflect the reduced value of the unit.
3.
If the tenant stays, and the landlord fails to diligently carry out the work, the tenant may notify the landlord, in
writing, within 14 days after the tenant becomes aware that the work is not diligently carried out, of the tenant’s
intention to terminate the rental agreement and move out.
SUBLEASES [Mun. Code ch. 5-12-120]
The landlord must accept a reasonable subtenant offered by the tenant without charging additional fees.
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If a tenant moves prior to the end of the rental agreement, the landlord must make a good faith effort to find a new tenant at
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a fair rent.
If the landlord is unsuccessful in re-renting the unit, the tenant remains liable for the rent under the rental agreement, as
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well as the landlord’s cost of advertising.
WHAT HAPPENS IF A TENANT PAYS RENT LATE? [Mun. Code ch. 5-12-140 (h)]
If the tenant fails to pay rent on time, the landlord may charge a $10.00 per month late fee on rents under $500.00 and a 5%
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per month late fee on that part of the rent exceeds $500.00 (i.e., for a $450.00 monthly rent the late fee is $10.00, for a
$700.00 monthly rent the late fee is $10.00 plus 5% of $20.00 or $20.00)(eff.1/1/92)[Mun. Code ch. 5-12-140(h)]
WHAT HAPPENS IF A TENANT PAYS RENT DUE AFTER THE EXPIRATION OF THE TIME PERIOD SET FORTH IN
A TERNMIANTION NOTICE? [Mun. Code ch. 5-12-120 (h)]
If the landlord accepts rent due knowing that there is a default in payment, the tenant may stay.
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LANDLORD REMEDIES [Mun. Code ch. 5-12-130]
If the tenant fails to pay rent the landlord, after giving 5 days written notice to the tenant, may terminate the rental
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agreement.
If the tenant fails to comply with the Code or the rental agreement, the landlord, after giving 10 days written notice to the
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tenant, may terminate the rental agreement if tenant fails to correct the violation.
If the tenant fails to comply with the Code or the rental agreement, the landlord may request in writing that the tenat
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comply as promptly as conditions permit in the case of an emergency, or within 14 days. If the breach is not corrected in
the time period specified, the landlord may enter the dwelling unit and have the necessary work done. In this case, the
tenant shall be responsible for all costs of repairs.
LOCKOUTS [Mun. Code ch. 5-12-160]
It is ILLEGAL for a landlord to lock out a tenant, or change the locks, or remove the doors of a rental unit, or to cut off
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heat, utility or water service, or to do anything which interferes with the tenant’s use of the apartment.
All lockouts are illegal and the Police Department is responsible for enforcement against such illegal activity. (eff. 1/1/92)
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(Police Special Order 93-12)
The landlord shall be fined $200 to $500 for each day the lockout occurs or continues.
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The tenant may sue the landlord to recover possession of the unit and twice the actual damages sustained or two months’
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rent, whichever is greater.
PROHIBITION ON RETALIATORY CONDUCT BY LANDLORD [Mun. Code ch. 5-12-150]
A tenant has the right to complain or testify in good faith about their tenancy to governmental agencies or officials, police,
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media, community groups, tenant unions or the landlord. A landlord is prohibited from retaliating by terminating or
threatening to terminate a tenancy, increasing rent, decreasing services, bringing or threatening to bring an eviction action,
or refusing to renew a lease agreement.
ATTORNEY’S FEES [Mun. Code ch. 5-12-180]
Except in eviction actions, the prevailing plaintiff in any action arising from the application of this Ordinance shall be
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entitled to recover all court costs and reasonable attorney’s fees. (eff. 1/1/92)
WHERE CAN I GET A COPY OF THE ORDINANCE?
For a copy of the Ordinance, visit the Office of the City Clerk, Room 107, City Hall, 121 North LaSalle Street, Chicago, Illinois, or
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the Municipal Reference Library, Harold Washington Library, 5
floor, 400 S. State Street, Chicago, Illinois.
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