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The following are commonly asked questions and general answers that are consistent with Illinois law. The information provided here should be construed as a guide and a general overview of Illinois law and local law in the situations discussed, and not as a definitive statement of Illinois or local law on any of the topics discussed. Particular additional facts may actually lead to a different conclusion than what is discussed here. Please consult with an attorney for an opinion of Illinois and/or local law for the specific facts of your particular situation.
What law governs my relationship with my landlord?
When does federal law apply?
When does Illinois law apply?
When does local law apply and what are the local laws that do apply?
What is the Chicago Residential Landlord and Tenant Ordinance and when does it apply?
What is the Evanston Residential Landlord and Tenant Ordinance and when does it apply?
After I move out of my apartment, when does the landlord have to return my security deposit?
Does my landlord have to pay interest on my security deposit?
Whose property is my security deposit – mine or my landlord’s?
What kind of notice does my landlord have to give me of any code violations in my building?
My landlord isn’t paying for utilities (i.e., water, gas, electric) – what can I do?
I have a pet. Can a landlord refuse to rent an apartment to me (or charge me extra) because of that?
Do leases have to be in writing (can they be oral)?
What is a “month to month” tenancy?
How is a month-to-month tenancy terminated?
If someone is hurt in my apartment, who is liable – me or my landlord?
When, and under what conditions, can I sublease my apartment?
What are my rights and obligations if I sublease my apartment?
What are my rights and obligations if I am the one who has sublet someone else’s apartment?
I need my landlord to make repairs in my apartment – how can I make the landlord do it?
I think my landlord is trying to evict me (or harass me or penalize me, etc.) out of retaliation – what can I do about it?
Can a landlord limit the number of people occupying an apartment?
Can my landlord come into my apartment?
What options do I have if my landlord does not provide adequate heat, water, or electricity?
If I am late in paying my rent, what is the maximum amount my landlord can charge me as a late fee?
Are early payment discounts legal? (Also known as “reverse late charges”)
Does a landlord or a tenant have to notify the other about whether they want to renew the lease or not?
What are the rules about whether a landlord has to keep security deposits in a separate account and whether the landlord has to pay interest?
My lease is due to expire, and I have told my landlord that I do not want to renew my lease, and that I plan to move out at the end of my lease. What are the rules about when my landlord can show my apartment?
Does my landlord have to tell me who the owner of the building is?
What kind of notice must a landlord or developer give to tenants of a condo conversion?
Q: What law governs my relationship with my landlord?
A: Several different sources of law might apply – federal law might apply, Illinois law might apply, and local ordinances might apply. The answer depends on several factors, including what the landlord/tenant issue is in the first place, where you live, what type of building you live in, and whether your landlord lives in your building. Please see the questions and answers that follow for a more detailed discussion of these different sources of law and how they might apply to your situation.
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Q: When does federal law apply?
A: With regard to landlord/tenant issues, federal law really only prohibits discrimination. Section 1982 prohibits a landlord from discriminating against a potential or existing tenant on the basis of race. The Fair Housing Act prohibits a landlord from discriminating against a potential or existing tenant on the basis of race, color, religion, national origin, sex, or familial status. (Note: The Fair Housing Act applies to all apartments, except apartments in owner-occupied buildings with four or fewer residential units.)
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Q: When does Illinois law apply?
A: Illinois has a number of statutes specifically relating to landlord/tenant matters, and each statute specifies the circumstances to which it applies. Some regulations apply to landlords of buildings with 5 or more residential units, for instance, while others apply to landlords of buildings with more residential units. As well as these statutes, Illinois has its own anti-discrimination statutes. The Illinois Human Rights Act prohibits a landlord from discriminating against a tenant based on race, color, religion, national origin, ancestry, age, sex, sexual orientation, marital status, handicap, military status, or unfavorable discharge from the military. Other than these statutes, a landlord/tenant relationship falls under contract law, whether the lease is written or oral. Contract law in Illinois is a mixture of statutory law and common law. In summary, what state law might apply to a particular situation depends on the specific facts, and whether or not a local ordinance might also apply.
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Q: When does local law apply and what are the local laws that do apply?
A: The cities of Chicago, Evanston, Mount Prospect, and Urbana have comprehensive landlord/tenant ordinances. These comprehensive ordinances address most, but not necessarily quite all, of the nuts-and-bolts issues of landlord/tenant matters and issues. The ordinances for these cities apply to the residential property in those cities, under the conditions specified in the particular ordinances. (For a discussion of the Chicago Residential Landlord and Tenant Ordinance and the Evanston Residential Landlord and Tenant Ordinance and when they apply, please see the Q & As following this) Aside from the comprehensive ordinances Chicago, Evanston, Mount Prospect, and Urbana have, numerous other municipalities have ordinances dealing one or another aspect of residential tenancies, but do not have a comprehensive ordinance dealing with all (or most) aspects of residential tenancies.
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Q: What is the Chicago Residential Landlord and Tenant Ordinance and when does it apply?
A: The Chicago Residential Landlord and Tenant Ordinance (“Chicago RLTO”) is an often-discussed and sometimes misunderstood ordinance that gives a number of important rights and obligations for tenants and landlords. The Chicago RLTO applies to all rental units in Chicago, except: (1) units in an owner-occupied building with six or fewer units, (2) units in motels, hotels, and rooming houses, unless the occupant is renting the unit on a month-to-month basis and has occupied the unit for more than 32 days, (3) school dorms, (4) shelters, (5) employee housing, (6) nonresidential rental units, and (7) co-ops. Recap: to determine whether or not the Chicago RLTO applies, ask: (1) is the unit in Chicago? (if “yes” then continue; if “no” then the ordinance does not apply) (2) is the unit residential – that is, do you or do people live there? (if “yes” then continue; if “no” then the ordinance does not apply) (3) does the owner of the building live in a unit in the building? (if “yes” then go to question #4 below; if “no” then the ordinance does apply, as long as the unit is not in a shelter, employee housing, co-op, or in a hotel/motel/rooming house {unless you’ve lived there for more than 32 days and you’re occupying the unit on a month-to-month basis}) (4) does the landlord occupied building have more than six units? (if it has more than six units, the ordinance applies, whether the building is landlord occupied or not; if the building has six or fewer units, the ordinance does not apply.)
A copy of the summary of the Chicago RLTO must be attached to all leases for residential units in Chicago falling under the jurisdiction of the Chicago RLTO. Even if the lease is oral and not written, the landlord must nevertheless give the tenant the summary of the Chicago RLTO if the unit falls under its jurisdiction.
Besides the RLTO, Chicago has a Fair Housing Ordinance which prohibits discrimination in housing on the basis of race, color, sex, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, military discharge status, or source of income. The Chicago Fair Housing Ordinance applies to all landlords, regardless of whether or not the unit falls under the jurisdiction of the Chicago RLTO.
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Q: What is the Evanston Residential Landlord and Tenant Ordinance and when does it apply?
A: The Evanston Residential Landlord and Tenant Ordinance (“Evanston RLTO”) is very similar to the Chicago RLTO and governs virtually all of the same aspects of landlord/tenant matters as the Chicago RLTO. One significant difference, however, is that the application of the Evanston RLTO does not have a limit based on landlord occupancy or the number of units in a building; the Evanston RLTO applies to all rented residential units in Evanston except for medical geriatric units, educational institutions, religious institutions, hotels/motels, co-ops, social or fraternal organizations, and dwellings under a contract of sale where the occupant is the purchaser.
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Q: After I move out of my apartment, when does the landlord have to return my security deposit?
A: Under Illinois Law: The Security Deposit Return Act requires any landlord of a building with five or more residential units to return the security deposit within 45 days from the date the renter left the unit. The landlord can withhold all or part of the security deposit for damage to the apartment only if the landlord delivers (by mail to last known address or by personal delivery) to the tenant an itemized list of the damage and copies of receipts (or estimates) for the repairs; the landlord must deliver these to the tenant within 30 days from the date the tenant vacates the premises. If the landlord has estimates, rather than receipts, within 30 days, then the landlord must provide copies of paid receipts based on this estimates within another 30 days. If the landlord fails to comply with these requirements, and still tries to withhold all or part of the security deposit in bad faith, the landlord may be liable for twice the amount of the security deposit, plus any court costs and reasonable attorney’s fees. Note: this particular statute applies only to landlords of buildings with five or more residential units; if there are less than five residential units in the building, this statute does not apply. If no local ordinance applies, then Illinois contract law applies, and the landlord would be obligated to return the security deposit, minus any deductions for reasonable damages, within a reasonable amount of time.
Under the Chicago RLTO: The Chicago RLTO has the same procedures as the Security Deposit Return Act discussed above, so the answer under the Chicago RLTO is the same as under the Security Deposit Return Act, but with one critical difference: the penalty of twice the security deposit, plus court costs, plus attorneys’ fees may be imposed regardless of whether the landlord failed to comply with the procedures in bad faith. Whereas the Security Deposit Return Act has a bad faith requirement for this penalty to be imposed, the Chicago RLTO does not require bad faith. Accordingly, the Chicago RLTO requires landlords to be all the more diligent about complying with the procedures. Another difference is that the Chicago RLTO expressly prohibits a landlord from seeking to deduct expenses to repair damage caused due to normal wear and tear.
Under the Evanston RLTO: The Evanston RLTO has a similar requirement for the landlord to notify the tenant of what withholdings he or she will make from the security deposit and provide copies of paid receipts, except that the Evanston RLTO requires the landlord to give this notice and/or return the deposit (or balance thereof) within 21 days of the date the tenant has vacated the unit. The penalty for the landlord who fails to comply is a return of the security deposit, plus a penalty up to twice the wrongfully withheld security deposit and reasonable attorney’s fees.
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Q: Does my landlord have to pay interest on my security deposit?
A: Under Illinois Law: The Security Deposit Interest Act requires any landlord of a property containing 25 or more residential units (whether in one single building or an apartment complex with more than one building on contiguous parcels of land) to pay interest on security deposits held by the landlord for more than six months. The landlord must pay the interest earned to the tenant (via cash payment or as credit applied toward rent due) within 30 days of the end of each 12 month period, unless the tenant is in default under the lease. A landlord who does not follow these requirements may be liable for twice the amount of the security deposit, plus any court costs and reasonable attorney’s fees. Note: this applies only to landlords of buildings/apartment complexes with 25 or more residential units – if there are less than 25 residential units in the building/apartment complex, this statute does not apply. If no local ordinance applies, then Illinois contract law applies, and a landlord would not be required to pay interest. Note, also: this statute does not apply to any public housing, regardless of the number of units.
Under the Chicago RLTO: Landlords must pay interest on security deposits held for more than 6 months. The interest rate is determined on an annual basis by the City of Chicago comptroller. Landlords must keep security deposits in a federally insured, interest-bearing account separate from the landlord’s account(s). The landlord must pay the interest earned to the tenant (via cash payment or as credit applied toward rent due) within 30 days of the end of each 12 month period.
Under the Evanston RLTO: same as under the Chicago RLTO.
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Q: Whose property is my security deposit – mine or my landlord’s?
A: The security deposit is always the property of the tenant, but is held by the landlord as security in case the tenant defaults under the lease. Upon termination of the tenancy, some or all of the security deposit may be transferred to the landlord for unpaid rent or for damage to the apartment.
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Q: What kind of notice does my landlord have to give me of any code violations in my building?
A: Under the Chicago RLTO: a landlord is required to disclose in writing any code violations that have occurred to the unit or any of the common areas of building within the past 12 months. The landlord has this obligation when a tenant moves into an apartment, and has a continuing obligation to notify tenants of any code violations in the unit or the common areas of the building.
Under the Evanston RLTO: a landlord must disclose in writing any code violations that have occurred to the unit or any of the common areas of the building any time a tenant begins or renews a tenancy.
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Q: My landlord isn’t paying for utilities (i.e., water, gas, electric) – what can I do?
A: First, confirm whether you are or your landlord is obligated to pay utilities. Your lease should specify this. If the lease does not specify this, it may depend on whether your unit has its own meter or if there is a central meter for you building or for several different units in your building. Assuming that it is your landlord’s obligation to pay utilities, the Rental Property Utility Service Act requires the landlord to timely pay for utilities and to keep the utilities running, as long as the lease specifies that the utilities are the landlord’s responsibility. If the landlord fails to pay for the utilities, the tenant has the option of terminating the lease. Alternatively, the tenant may opt to pay for the utilities if the landlord’s failure to pay jeopardizes the service, and can seek recovery for any payments you have made.
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Q: I have a pet. Can a landlord refuse to rent an apartment to me (or charge me extra) because of that?
A: For better or for worse, yes. No law prohibits a landlord from refusing a tenant because he or she has a pet. So, discriminating against a would-be tenant based on the fact that they will have a pet living in the apartment is legal. If a tenant gets a new pet when he or she is already living in the apartment and the lease specifically bars pets, the tenant will be in violation of the lease. If the landlord does allow pets, but wants to charge an extra deposit if a tenant has a pet, the landlord can do that. However, in Chicago, an extra “pet deposit” is treated just the same as a security deposit.
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Q: Do leases have to be in writing (can they be oral)?
A: Leases can be in writing or oral, and both are equally enforceable. Obviously, the terms of oral leases can be subject to dispute, since they aren’t written down.
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Q: What is a “month to month” tenancy?
A: A month-to-month tenancy is when you do not have a lease for a longer period of time. For instance, the most common lease term for a residential unit is one year – but it can be shorter or longer. If there is no specific term for the lease, it is a month-to-month tenancy. Some month-to-month tenancies are created when a written lease expires, but the “status quo” doesn’t change (that is, the tenant doesn’t move out, the landlord doesn’t ask (or legally force) the tenant to leave, the tenant continues to pay rent, and the landlord continues to accept rent – in other words, everything about the landlord/tenant relationship stays the same, except that the lease is technically expired); other month-to-month tenancies begin that way – typically, there is no written lease (but there certainly can be one), and the landlord and tenant have an understanding that the tenant will pay a certain amount of rent each month. A month-to-month tenancy can go on indefinitely, until either the landlord or the tenant gives proper notice to the other that the tenancy is being terminated.
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Q: How is a month-to-month tenancy terminated?
A: A month-to-month tenancy is terminated with proper notice by either the landlord or the tenant to the other party. Proper notice from either side is 30 days’ written notice, and the tenancy will terminate on the last day of the monthly term (typically, but not necessarily, the last day of the month – if rent is due on the 1st of the month, then the last day of the monthly term is the last day of the month). Example: if the rent is due on the 1st of each month, a landlord or tenant could notify the other in writing that the month-to-month tenancy will be terminated, but the termination would not be effective until the end of the month following the notice of termination (for instance, the landlord could notify the tenant on March 3 that the month-to-month tenancy is being terminated; the actual termination would be effective on April 30, and the tenant would have to pay March’s rent and April’s rent, and be out of the apartment by before May 1).
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Q: If someone is hurt in my apartment, who is liable – me or my landlord?
A: The answer is that either the landlord or the tenant may be liable, and would depend on the specific facts involved. For instance, where did the injury happen (in the apartment or in a common area)? What condition caused the injury? What was the injured party doing when he or she was injured? Unfortunately, a definitive answer to this question is impossible without an assessment of the facts of each particular occurrence.
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Q: When, and under what conditions, can I sublease my apartment?
A: A tenant may seek to sublease the apartment under the terms specified in the lease. A landlord cannot unreasonably withhold approval of a subtenant.
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Q: What are my rights and obligations if I sublease my apartment?
A: The answer depends on the terms of the lease on this topic. Almost always, you will still have all of the obligations you would have if you were the primary tenant, as will your subtenant. Both you and the subtenant will be liable for rent for the balance of the lease term – of course, the subtenant agreement will specify that the subtenant will be paying rent. However, if your subtenant does not pay the rent, both you and your subtenant will be liable, and your landlord can come after you or your subtenant for the rent (in legal terms, you and the subtenant are “jointly and severally liable”).
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Q: What are my rights and obligations if I am the one who has sublet someone else’s apartment?
A: The terms of your subtenant agreement and/or the tenant’s lease will determine the answer. Almost always, you will be liable for paying the rent for the balance of the lease term. If you fail to pay the rent, almost always the landlord can come after you and/or the person you sublet from, and if the landlord goes after the other person, he or she can, in turn, come after you. As for your rights regarding renewing the lease, most likely the sublet agreement will defer to the original lease; review the terms of both the original lease and the subtenant agreement. Above all else, for any questions or problems that may arise, be sure that you receive a copy of the original lease (the lease that the person you’re subletting from signed) and a copy of the subtenant agreement that has been signed by you, the person you’re subletting from, and the landlord.
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Q: I need my landlord to make repairs in my apartment – how can I make the landlord do it?
A: Your landlord has an obligation to keep the apartment in repair good enough to meet the requirements of your local codes. If the apartment needs repair(s), first and foremost, request the repairs of your landlord in writing (be specific about the problem and what you are requesting), and hand deliver the request to your landlord or send it to your landlord via certified or registered mail. Give your landlord a fair chance to perform the repairs. If you and your landlord are not able to come to a meeting of the minds, here are some options:
Under Illinois Law: Residential Tenants’ Right to Repair Act allows tenants to give written notice via registered or certified mail to the landlord of the repair(s) they need. If the landlord does not respond within 14 days – or if the repair is of an emergency nature – the tenant has the right to arrange to have the repairs made if the cost is the lesser of $500.00 or ½ the monthly rent. Under that scenario, the tenant may deduct the amount of the repair from the rent when the tenant gives the landlord a copy of the bill submitted with the name, address, and telephone number of the tradesman or supplier (unrelated to the tenant) who performed the repairs. A tenant may not deduct the cost of the repair(s) from the rent if the repair was for damage caused by the tenant or the tenant’s family or a guest of the tenant.
Under the Chicago RLTO: notify the landlord in writing of what repairs you need. In the written notice, say that if the repairs are not made within 14 days of the date the landlord receives the notice, you will deduct a reasonable amount from your rent (an amount reasonably related to the decrease in value of the apartment), an amount you should specify in the notice. If the landlord does not make the repairs within the 14 day period, you may withhold the amount you specified from your rent. If the cost of the repair is less than $500.00 or ½ of your monthly rent (whichever is more), you may give your landlord written notice of the needed repair, and if the landlord does not make the repair within 14 days, you may have the repair performed at your expense, and deduct the cost of the repair from your rent along with a copy of the paid receipt. A tenant may not deduct the cost of the repair(s) from the rent if the repair was for damage caused by the tenant or the tenant’s family or a guest of the tenant.
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Q: I think my landlord is trying to evict me (or harass me or penalize me, etc.) out of retaliation – what can I do about it?
A: The answer depends on what, specifically, the landlord is doing to you, and why you think the landlord is retaliating against you. Under Illinois law, a landlord cannot retaliate against a tenant (i.e., cannot harass the tenant, seek to raise the rent of the tenant, refuse to renew the lease, or seek to terminate the lease) after the tenant has contacted a governmental agency about any problems with the apartment. Under the Chicago RLTO, however, protection against retaliation is much broader, including retaliation for a tenant’s making repair requests to a landlord. Under the Chicago RLTO, if the landlord terminates a tenancy within 12 months from the time a tenant has asserted a right under the ordinance, there is a presumption of retaliation.
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Q: Can a landlord limit the number of people occupying an apartment?
A: Yes, a landlord can limit the number of people who can occupy an apartment. The occupancy must relate to a legitimate reason – it doesn’t have to be an elaborately justified reason, just a legitimate (i.e., nondiscriminatory) reason. The occupancy limit cannot be arbitrary, however, and should be consistent throughout the lease term – a landlord cannot arbitrarily change an occupancy limit in the middle of a lease term. The occupancy limit should be specified in the lease, or otherwise clearly stated.
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Q: Can my landlord come into my apartment?
A: You can always, of course, give your landlord permission to enter your apartment. Unless you give permission, though, the answer depends on why the landlord needs to enter the apartment, your reason for refusing the landlord, and/or what local ordinances say.
Under Illinois law: the answer is generally no, your landlord cannot enter your apartment at any time. However, you cannot reasonably prohibit your landlord from entering on an emergency basis (for example, a broken water pipe that is causing a flood).
Under the Chicago RLTO: Except with your permission, your landlord must give you at least 2 days’ notice (48 hours) before he or she can come into your apartment. Also, your landlord must state a reason why he or she wants to enter the apartment. In the case of emergencies, the landlord can enter without giving 2 days’ notice, but must then give notice to the tenant that he or she entered the apartment and state the purpose of the entry, and that notice must be given within 2 days after the entry. Further, your landlord’s request for entry must be at a reasonable time – customarily, between 8:00 AM and 8:00 PM.
Under the Evanston RLTO: Except with your permission, your landlord cannot enter your apartment without at least 2 days’ notice, except for emergencies (where no consent or notice is needed at all).
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Q: What options do I have if my landlord does not provide adequate heat, water, or electricity?
A: Under the Chicago RLTO: for problems with the heat, a tenant can have an inspector from the city come to check the heat. A landlord cannot retaliate against the tenant for doing this. If the inspector finds that the heat is insufficient, the tenant can give 14 days notice to the landlord to fix it or else that the lease will be terminated. If the landlord does not remedy the heating situation, the tenant can then terminate the lease and move out – but the tenant must move out within 30 days of terminating the lease, or else the notice of termination will be considered void. But, in order for you to legally terminate your lease, the problem with the heat must be caused by some action omission of the landlord – if it is the fault of the utility company, and beyond the landlord’s control, you cannot terminate your lease. If the lack of heat, water, or electricity poses an immediate risk to health or safety, give written notice to your landlord explaining specifically what the problem is and how long it has existed. Deliver this notice to the landlord personally or else via certified or registered mail. After giving notice to the landlord, and until such time as the landlord has not remedied the situation, you have four options: (1) you can pay for the particular service that the landlord isn’t providing, give the landlord a receipt of your payment, and deduct that payment from your rent, (2) sue the landlord for the reduction in value of the apartment the loss of service constitutes, (3) move out of your apartment, but you will still be liable to the landlord for the reduced value of the apartment as long as the loss of service continues for the balance of the lease. Under option (3), your landlord is responsible for paying your housing costs up to the cost equal to the rent you would have paid for the reduced value of the apartment for a particular month. Another option is for you to continue to live in the apartment, but you can withhold from your monthly rent an amount of money equal to the reduced value of the apartment. You can begin to withhold that portion of your rent within 24 hours of when you give written notice to your landlord. If your landlord has not corrected the condition within 72 hours of your written notice, you can opt to terminate your lease. You will then have to move within 30 days of terminating your lease. Please note that this option does not exist if the loss of service is due to a utility company’s action, and not the fault of your landlord.
Under the Evanston RLTO: if the landlord fails to provide heat, hot water, running water, electricity, gas, or plumbing as agreed upon, you have three options: (1) you can pay for the particular service that the landlord isn’t providing, give the landlord a receipt of your payment, and deduct that payment from your rent, (2) sue the landlord for the reduction in value of the apartment the loss of service constitutes, (3) move out of your apartment, and the landlord is responsible for paying for substitute housing up to the amount of your monthly rent as long as the lack of service(s) continues.
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Q: If I am late in paying my rent, what is the maximum amount my landlord can charge me as a late fee?
A: Under the Chicago RLTO: $10.00 for the first $500.00 of your monthly rent, and then 5% of whatever your monthly rent is over $500.00.
Under the Evanston RLTO: $15.00 for the first $500.00 of your monthly rent, and then 5% of whatever your monthly rent is over $500.00.
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Q: Are early payment discounts legal? (Also known as “reverse late charges”)
A: Under Illinois law: yes, perfectly legal.
Under the Chicago RLTO: only if the early payment discount is equal to what the late payment penalty would be.
Various municipalities may have ordinances that govern this for your community.
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Q: Does a landlord or a tenant have to notify the other about whether they want to renew the lease or not?
A: Under Illinois law: no – the lease ends on the date given in the lease. Neither side is required to give any kind of notice to the other about renewing the lease or not renewing the lease. It is presumed that both sides know that the lease is going to expire. If the tenant stays in the apartment beyond the termination of the lease, and the landlord doesn’t object to that, then either a month-to-month tenancy is created or else a new year-long lease is created, depending on what the lease says about this situation or what the conduct of the parties is interpreted to mean.
Under the Chicago RLTO: the landlord must give the tenant notice of non-renewal at least 30 days before the date the lease expires. If the landlord gives notice of non-renewal, but fails to give it at least 30 days before the expiration of the lease, the tenant has 60 days from being served notice to vacate. If the landlord does not give any notice of non-renewal at all, then either a month-to-month tenancy is created or else a new year-long lease is created, depending on what the lease says about this situation or what the conduct of the parties is interpreted to mean.
Under the Evanston RLTO: same as under the Chicago RLTO
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Q: What are the rules about whether a landlord has to keep security deposits in a separate account and whether the landlord has to pay interest?
A: Under Illinois law: the landlord does not have keep the security deposit(s) in a separate account, but the security deposit is nevertheless the tenant’s property. The landlord has to pay interest only if the tenant lives in an apartment building or complex of apartment buildings on contiguous parcels of land with 25 or more units in total.
Under the Chicago RLTO: the landlord does have to keep the security deposit(s) in a separate federally insured, interest-bearing bank account. A landlord may keep security deposits for more than one tenant in the same account (does not have to open a separate account for each tenant’s security deposit), but cannot have any of the landlord’s own money in the account as well. Landlord does have to pay interest on the security deposit at an interest rate set each year by the City of Chicago comptroller.
Under the Evanston RLTO: the landlord is required to keep security deposits in a federally insured, interest bearing account. The Evanston RLTO stipulates that the annual interest rate due on security deposits mirrors the rate announced by the City of Chicago comptroller.
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Q: My lease is due to expire, and I have told my landlord that I do not want to renew my lease, and that I plan to move out at the end of my lease. What are the rules about when my landlord can show my apartment?
A: Under the RLTO: Your landlord can show your apartment to prospective tenants within the final 60 days of your tenancy (not sooner) and only after giving you at least 48 hours notice that he or she will be coming into your apartment to show it. For your part, as long as your landlord gives you this notice, and it is within the last 60 days of your lease, you cannot reasonably stop your landlord from showing the apartment.
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Q: Does my landlord have to tell me who the owner of the building is?
A: Under Illinois law: presumably, you know who to pay your rent to; the law does not require any further disclosure. Needless to say, it behooves the landlord to give you the landlord’s information, or an agent’s information.
Under the Chicago RLTO: at the beginning of a lease, the landlord must give the tenant the name, address, and telephone of the individual responsible for maintaining the property. If the landlord doesn’t do this, the person who acted as the landlord’s agent for purposes of getting the lease signed is the individual responsible for maintaining the property. Further, if the landlord doesn’t give the contact information, the tenant can give the landlord notice to provide the information within 14 days.
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Q: What kind of notice must a landlord or developer give to tenants of a condo conversion?
A: The answer depends on local ordinance. The Chicago Condominium Ordinance states that the developer must give notice to all tenants of the developer’s intent to record a declaration (i.e., start the ball rolling in the conversion) at least 120 days before recording the declaration. Any tenant whose lease expires before 120 days (other than for cause) from the developer’s notice has the right to extend their lease up to the 120th day of the notice. Tenants can exercise this right by giving written notice to the developer of the tenant’s intent to exercise this right, and the notice must be given by the tenant to the developer within 30 days of the developer’s notice. For tenants who are over the age of 65, are deaf, blind, or are unable to walk without assistance: you are able to extend your tenancy up to 180 days. During the 120 days (or 180 days for persons who are over age 65, deaf, blind, or unable to walk without assistance), the tenant shall have the right of first refusal to buy his/her/their unit. A tenant can exercise this right by notifying the developer within 30 days of the notice.
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