Chicago Tenant Rights
Everyone deserves to live in a safe and well-maintained environment. In Chicago, city and state ordinances protect renter’s rights. These same ordinances clarify a renter’s duties and obligations to the landlord. Tenants who do not understand their rights or who need assistance defending their rights can seek help from the Illinois Tenants Union. The Illinois Tenants Union is a renter’s advocate organization.
Other People Are Reading
-
Regulations
-
Tenant and landlord rights and obligations are established by the residential landlord and tenant ordinance (RLTO). The RLTO sets forth rules that regulate several aspects of the relationship between the tenant and landlord, including rent control, the lease contract, eviction, maintenance and the proper handling of the security deposit.
Breaking a Lease
-
The RLTO is designed to protect landlords from tenants who move out before the end of the lease contract. The tenant is responsible for all rent owed during the lease contract, even if he has a legitimate reason for moving. However, the landlord is required to show the apartment or rented property to other prospective renters until the property is re-rented. An agreement between the landlord and the tenant to break the lease early must be in writing before it is legally binding. In addition, the tenant has the right to find a subtenant to lease the apartment for the remainder of the lease.
-
Eviction
-
Chicago tenants are protected against illegal eviction procedures under the RLTO. According to the Illinois Tenants Union, landlords cannot lock tenants out by changing the locks, turn off the utilities or physically evict tenants. If a landlord wishes to evict a tenant, he must go to court and get a court order. After the court order is obtained, the county sheriff, not the landlord, is responsible for removing the evicted tenant from the leased property.
Maintenance
-
Chicago renters have a right to live in a safe and maintained environment. If the landlord fails to make necessary repairs, the renter may be able to pay a reduced rent until the repairs are made. The renter must provide a written notice to the landlord. The amount of the reduction in rent is equal to the reduced value of the property rental. The procedures for reduced rent are provided in the city ordinances of Chicago. The tenant is protected against illegal eviction due to rights exercised or voiced because of maintenance problems.
Security Deposit
-
According to the RLTO, the security deposit must be refunded to the tenant unless the tenant caused damage to the property or the tenant owed rent when the property was vacated. The landlord must prove the damage was beyond the scope of “normal wear and tear” and that he paid to have the damage repaired. The landlord is obligated to pay the tenant the interest earned on the security deposit as established by the city comptroller. The regulation applies to security deposits held for six months or longer. After the move out date, the landlord has 45 days to return the security deposit. In the event the dwelling is destroyed by fire, the landlord must return the security deposit, minus rent owed, within seven days of the written notice provided by the tenant.
-
References
Resources
- Photo Credit City Apartment Building image by Carol Wingert from Fotolia.com
