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5-12-010 Title, purpose and scope.
5-12-020 Exclusions.
5-12-030 Definitions.
5-12-040 Tenant responsibilities.
5-12-050 Landlord's right of access.
5-12-060 Remedies for improper denial of access.
5-12-070 Landlord's responsibility to maintain.
5-12-080 Security deposits.
5-12-081 Interest rate on security deposits.
5-12-082 Interest rate notification.
5-12-090 Identification of owner and agents.
5-12-095 Tenants' notification of foreclosure action.
5-12-100 Notice of conditions affecting habitability.
5-12-101 Bed bugs – Education.
5-12-110 Tenant remedies.
5-12-120 Subleases.
5-12-130 Landlord remedies.
5-12-140 Rental agreement.
5-12-150 Prohibition on retaliatory conduct by landlord.
5-12-160 Prohibition on interruption of tenant occupancy by landlord.
5-12-170 Summary of ordinance attached to rental agreement.
5-12-180 Attorney's fees.
5-12-190 Rights and remedies under other laws.
5-12-200 Severability.
This chapter shall be known and may be cited as the “Residential Landlord and Tenant Ordinance”, and shall be liberally construed and applied to promote its purposes and policies.
It is the purpose of this chapter and the policy of the city, in order to protect and promote the public health, safety and welfare of its citizens, to establish the rights and obligations of the landlord and the tenant in the rental of dwelling units, and to encourage the landlord and the tenant to maintain and improve the quality of housing.
This chapter applies to, regulates and determines rights, obligations and remedies under every rental agreement for a dwelling unit located within the City of Chicago, regardless of where the agreement is made, subject only to the limitations contained in Section 5-12-020. This chapter applies specifically to rental agreements for dwelling units operated under subsidy programs of agencies of the United States and/or the State of Illinois, including specifically programs operated or subsidized by the Chicago Housing Authority and/or the Illinois Housing Development Authority to the extent that this chapter is not in direct conflict with statutory or regulatory provisions governing such programs.
(Prior code § 193.1-1; Added Coun. J. 9-8-86, p. 33771; Amend Coun. J. 11-6-91, p. 7196; Amend Coun. J. 3-31-04, p. 20916, § 3.22)
Rental of the following dwelling units shall not be governed by this chapter, unless the rental agreement thereof is created to avoid the application of this chapter:
(a) Dwelling units in owner-occupied buildings containing six units or less; provided, however, that the provisions of Section 5-12-160 shall apply to every rented dwelling unit in such buildings within the City of Chicago;
(b) Dwelling units in hotels, motels, inns, bed- and-breakfast establishments, roominghouses and boardinghouses, but only until such time as the dwelling unit has been occupied by a tenant for 32 or more continuous days and tenant pays a monthly rent, exclusive of any period of wrongful occupancy contrary to agreement with an owner. Notwithstanding the above, the prohibition against interruption of tenant occupancy set forth in Section 5-12-160 shall apply to every rented dwelling unit in such buildings within the City of Chicago. No landlord shall bring an action to recover possession of such unit, or avoid renting monthly in order to avoid the application of this chapter. Any willful attempt to avoid application of this chapter by an owner may be punishable by criminal or civil actions;
(c) Housing accommodations in any hospital, convent, monastery, extended care facility, asylum or not-for-profit home for the aged, temporary overnight shelter, transitional shelter, or in a dormitory owned and operated by an elementary school, high school or institution of higher learning; student housing accommodations wherein a housing agreement or housing contract is entered into between the student and an institution of higher learning or student housing wherein the institution exercises control or supervision of the students; or student housing owned and operated by a tax exempt organization affiliated with an institution of higher learning;
(d) A dwelling unit that is occupied by a purchaser pursuant to a real estate purchase contract prior to the transfer of title to such property to such purchaser, or by a seller of property pursuant to a real estate purchase contract subsequent to the transfer of title from such seller;
(e) A dwelling unit occupied by an employee of a landlord whose right to occupancy is conditional upon employment in or about the premises; and
(f) A dwelling unit in a cooperative occupied by a holder of a proprietary lease.
(Prior code § 193.1-2; Added Coun. J. 9-8-86, p. 33771; Corrected. 9-12-86, p. 33919; Amend Coun. J. 11-6-91, p. 7196; Amend Coun. J. 9-4-03, p. 7118, § 8; Amend Coun. J. 6-11-08, p. 29114, § 1)
Whenever used in this chapter, the following words and phrases shall have the following meanings:
(a) “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.
(b) “Landlord” means the owner, agent, lessor or sublessor, or the successor in interest of any of them, of a dwelling unit or the building of which it is part.
(c) “Owner” means one or more persons, jointly or severally, in whom is vested all or part of the legal title to property, or all or part of the beneficial ownership and a right to present use and enjoyment of the premises, including a mortgagee in possession.
(d) “Person” means an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association or any other legal or commercial entity.
(e) “Premises” means the dwelling unit and the structure of which it is a part, and facilities and appurtenances therein, and grounds, areas and facilities held out for the use of tenants.
(f) “Rent” means any consideration, including any payment, bonus, benefits or gratuity, demanded or received by a landlord for or in connection with the use or occupancy of a dwelling unit.
(g) “Rental agreement” means all written or oral agreements embodying the terms and conditions concerning the use and occupancy of a dwelling unit by a tenant.
(h) “Successor landlord” means any person who follows a landlord in ownership or control of a dwelling unit or the building of which it is part, and shall include a lienholder who takes ownership or control either by contract, operation of law or a court order. However, a “successor landlord” shall not include a receiver appointed pursuant to a court order.
(i) “Tenant” means a person entitled by written or oral agreement, subtenancy approved by the landlord or by sufferance, to occupy a dwelling unit to the exclusion of others.
(Prior code § 193.1-3; Added Coun. J. 9-8-86, p. 33771; Corrected. 9-12-86, p. 33919; Amend Coun. J. 11-6-91, p. 7196; Amend Coun. J. 5-12-10, p. 91084, § 1)
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