CHAPTER 5-12
RESIDENTIAL LANDLORDS AND TENANTS

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.

5-12-010 Title, purpose and scope.

   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)

5-12-020 Exclusions.

   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)

5-12-030 Definitions.

   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)

5-12-040 Tenant responsibilities.

   Every tenant must:

   (a)   Comply with all obligations imposed specifically upon tenants by provisions of the municipal code applicable to dwelling units, including Section 7-28-850;*

* Editor's note – Per Coun. J. 6-5-13, p. 55787, § 6, the text of paragraph (a) reading “...including Section 7-28-850” becomes effective on 12-2-13.

   (b)   Keep that part of the premises that he occupies and uses as safe as the condition of the premises permits;

   (c)   Dispose of all ashes, rubbish, garbage and other waste from his dwelling unit in a clean and safe manner;

   (d)   Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits;

   (e)   Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

   (f)   Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person on the premises with his consent to do so; and

   (g)   Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors' peaceful enjoyment of the premises.

(Prior code § 193.1-4; Added Coun. J. 9-8-86, p. 33771; Amend Coun. J. 11-6-91, p. 7196; Amend Coun. J. 6-5-13, p. 55787, § 3)

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 tenant's 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 for 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 Coun. J. 9-8-86, p. 33771; Amend Coun. J. 11-6-91, p. 7196)

5-12-060 Remedies for improper denial of access.

   If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access or terminate the rental agreement pursuant to Section 5-12-130(b) of this chapter. In either case, the landlord may recover damages.

   If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated unreasonable demands for entry otherwise lawful, but which have the effect of harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct, or terminate the rental agreement pursuant to the notice provisions of Section 5-12-110(a). In each case, the tenant may recover an amount equal to not more than one month's rent or twice the damage sustained by him, whichever is greater.

(Prior code § 193.1-6; Added Coun. J. 9-8-86, p. 33771; Amend 11-6-91, p. 7196)

5-12-070 Landlord's responsibility to maintain.

   The landlord shall maintain the premises in compliance with all applicable provisions of the municipal code and shall promptly make any and all repairs necessary to fulfill this obligation.

(Prior code § 193.1-7; Added Coun. J. 9-8-86, p. 33771; Amend 11-6-91, p. 7196)