Lockout: Take Action
Your Rights Regarding Lockouts in Chicago: A Breakdown
Before you take action, it's crucial you understand lockouts and your rights as laid out in the Chicago Residential Landlord Tenant Ordinance. We will look at the exact language of the law and then simplify it for better understanding. You'll find a button at the bottom of this resource where you can take action using our online tool.
The Law States (5-12-160 Prohibition on interruption of tenant occupancy by landlord):
"It is unlawful for any landlord or any person acting at his direction knowingly to oust or dispossess or threaten or attempt to oust or dispossess any tenant from a dwelling unit without authority of law, by plugging, changing, adding or removing any lock or latching device; or by blocking any entrance into said unit; or by removing any door or window from said unit; or by interfering with the services to said unit; including but not limited to electricity, gas, hot or cold water, plumbing, heat or telephone service; or by removing a tenant's personal property from said unit; or by the removal or incapacitating of appliances or fixtures, except for the purpose of making necessary repairs; or by the use or threat of force, violence or injury to a tenant's person or property; or by any act rendering a dwelling unit or any part thereof or any personal property located therein inaccessible or uninhabitable."
In Plain Language:
Your landlord (or anyone they send) can't force or threaten to kick you out of your home without a legal reason. They can't change locks, block your entrance, remove doors/windows, turn off your services, take your stuff, harm you, or make your place unlivable.
The Law Continues:
"The foregoing shall not apply where:
(a) A landlord acts in compliance with the laws of Illinois pertaining to forcible entry and detainer and engages the sheriff of Cook County to forcibly evict a tenant or his personal property; or
(b) A landlord acts in compliance with the laws of Illinois pertaining to distress for rent; or
(c) A landlord interferes temporarily with possession only as necessary to make needed repairs or inspection and only as provided by law; or
(d) The tenant has abandoned the dwelling unit, as defined in Section 5-12-130(e)."
In Plain Language:
There are exceptions. Landlords can take action if:
(a) They legally evict you with the sheriff of Cook County's help.
(b) They follow the state's rules about unpaid rent.
(c) They temporarily need to make necessary repairs or checks.
(d) You've left and aren't returning, as defined in a specific section.
Lastly, The Law States:
"Whenever a complaint of violation of this provision is received by the Chicago Police Department, the department shall investigate and determine whether a violation has occurred. Any person found guilty of violating this section shall be fined not less than $200.00 nor more than $500.00, and each day that such violation shall occur or continue shall constitute a separate and distinct offense for which a fine as herein provided shall be imposed. If a tenant in a civil legal proceeding against his landlord establishes that a violation of this section has occurred he shall be entitled to recover possession of his dwelling unit or personal property and shall recover an amount equal to not more than two months' rent or twice the actual damages sustained by him, whichever is greater. A tenant may pursue any civil remedy for violation of this section regardless of whether a fine has been entered against the landlord pursuant to this section."
In Plain Language:
If you complain to the Chicago Police about an illegal lockout, they'll investigate. Anyone breaking this rule can get fined between $200 and $500 every day it happens. If you prove in court that your landlord broke this rule, you can:
- Get back into your place, or get your stuff back.
- Get up to two months' rent or double the damage costs, whichever's more.
- Take legal action even if no fine was given to the landlord.
Now that you're familiar with the ordinance remember to assert your rights if they're being violated. For more detailed information, check the full Chicago Residential Landlord Tenant Ordinance 5-12-160 directly.
Ready to take action? Press the button below!
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.