How Can a Tenant Terminate the Lease Because of Bed Bugs in Oak Park?
The Oak Park Residential Tenant and Landlord Ordinance has rights and responsibilities for both tenants and landlords regarding bed bugs.
If the landlord fails to provide extermination services by a pest management professional within 10 days of the tenant’s written notice, the tenant can terminate the lease. Section 12-6-10(D)(7) of the RTLO.
Step 1: Send the landlord written notice via email, personal delivery, or mail.
- What the notice should say: If the landlord does not exterminate the bed bugs within 2 business days after receiving the written notice, then the tenant intends to terminate the lease on a date no later than 30 days after the date of the written notice.
Step 2: Wait two business days to see if the landlord complies with the Oak Park RTLO.
Step 3: If the landlord does not exterminate the bed bugs, then the tenant’s lease will terminate on the date stated in the initial written notice.
Step 4: Send a final written communication to confirm that the tenant moved out within 30 days of the initial written notice. Tenants may consider suing the landlord in the future for damages (one month's rent or actual damages) and reasonable attorney's fees.
NOTE: The tenant does not have this option if the tenant unreasonably refused to cooperate with or unreasonably delayed the extermination process.
The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney.