Cook County (RTLO) Conditions: Rights After Fire or Casualty
When renting a home or apartment, it is important to know rights and responsibilities as a tenant in the event of fire or casualty damage. If the dwelling unit or common area is damaged or destroyed by fire or other disasters, the tenant has several options.
Options Based off the Cook County RTLO
- Immediate Termination of Rental Agreement: The tenant can immediately vacate the premises and notify the landlord in writing within 14 days of the tenant's intention to terminate the lease. Then, the lease termination date is the date of the fire or disaster.
- Afterwards, the landlord must return any security deposit within 48 hours.
- If the tenant terminates the lease because of a fire or disaster, the landlord cannot charge rent after the fire or disaster.
- Vacate Part of the Dwelling Unit: If continued occupancy is lawful, the tenant can vacate any part of the dwelling unit rendered unusable by the fire or casualty. In this case, the tenant's liability for rent is reduced in proportion to the reduction in the fair rental value of the dwelling unit.
- Continued Tenancy and Repair Work: If the tenant desires to continue living in the rental property, and if the landlord has promised or begun work to repair the damage or destruction but fails to carry out the work to restore the dwelling unit or common area diligently and within a reasonable time, the tenant can notify the landlord in writing within 14 days of the tenant's intention to terminate the lease. Then, the lease termination date is the date of the fire or disaster.
- Afterwards, the landlord must return any security deposit within 48 hours.
- If the tenant terminates the lease because of a fire or disaster, the landlord cannot charge rent after the fire or disaster.
NOTE: A tenant cannot exercise these remedies if the fire or casualty damage was caused by the deliberate or negligent act or omission of the tenant, a member of his family or a person on the premises with his consent.
Does the landlord need to compensate me or find alternative housing or moving costs?
No. The landlord is not legally required:
- To transfer the tenant to a different unit or building;
- Pay for substitute housing while repairing the damage from the fire or casualty; or
- Pay for moving costs.
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.