Understanding Your Lease

When renting a home, a tenant generally has a contract (or lease) between themselves and the landlord. There are two types of leases: written and oral. Both are legally binding, but it's crucial to understand what one is agreeing to before signing a lease or making an oral agreement with the landlord.

It's important to understand what is in a lease and what types of rights and remedies a tenant has. There are various laws that are relevant for tenants in Chicago.

Chicago Residential Landlord and Tenant Ordinance (RLTO)

The Chicago RLTO is one of the most important laws for Chicago tenants. To check if you're protected, click here or visit rentervention.com.

• If the Chicago RLTO applies, then both verbal and written leases must follow the law regarding:
  • Landlord entry: Landlord must give at least 2 day's of notice before entering
  • Landlord must disclose certain information
  • Maximum late fee
  • Nonrenewal of lease and rent increases: Landlord must give a 30, 60, or 120-day notice
  • Subleases: Landlord must accept reasonable subleases.
  • Certain lease terms might be illegal and unenforceable.
  • For more information about the RLTO, click here.
• If the Chicago RLTO does not apply, then the Chicago tenant can only rely upon Illinois statutes.
  • Landlords have more flexibility and are only prohibited from illegal lockouts.
  • They still need to follow the same notice requirements for rent increases and nonrenewal of the lease under the Chicago Fair Notice Ordinance.

Discrimination Laws

• Chicago Fair Housing Ordinance, Cook County Human Rights Ordinance, Illinois Human Rights Act, and the federal Fair Housing Act: These local, state, and federal fair housing laws prohibit discrimination based off protected classes like disability, familial status, source of income, prior criminal history, race, and military status.
• Immigrant Tenant Protection Act: Landlords cannot threaten or evict tenants because of their immigration status (actual or perceived).

Illinois Eviction Act

• A landlord is allowed to file an eviction in the following cases: non-payment of rent, violating the lease terms, and remaining at the property after the lease term ended.
• Chicago tenants have the opportunity to participate in the Early Resolution Program, so the eviction process takes about 4 months from the time the landlord files a case.

Knowing your rights as a tenant can help you handle issues that may arise with the landlord. While you may never experience any problems, being prepared and educated about your lease and your rights can provide peace of mind. Remember, knowledge is power.