Understanding Leases: Landlord Must Notify About Conditions Affecting Habitability

Landlord's Obligations

Under Section 12-6-10(C) of the Oak Park Residential Tenant and Landlord Ordinance, the landlord needs to notify a tenant about the conditions affecting habitability. This written notice needs to be given before the tenant signs or renews the lease or during the tenancy. The landlord needs to disclose:

1. Any code violations cited by the local city during the previous 12 months
2. The case number of any administrative hearing or code enforcement litigation from the past 12 months
3.  The local government’s intention or the utility provider’s intention to terminate water, gas, electrical, or other utility service. This written notice needs to be given before the tenant signs or renews the lease and include the following information: intended date of termination, which service is being terminated, whether the termination will affect the dwelling unit, common areas, or both

Can a tenant find this information?

A tenant may check with the Village of Oak Park to see if there is public knowledge available.

What if the landlord fails to disclose this information?

• A tenant has the opportunity to terminate the lease. The tenant needs to send a written notice telling the landlord why the lease is terminating (no disclosure of intended utility service termination based off Section 12-6-10(C) and when the lease is terminating (no later than 30 days after the written notice date).
• If the tenant sues the landlord or is being sued by the landlord and can prove that the landlord violated this part of the Oak Park RTLO, then the tenant may be awarded damages equal to one months’ rent or actual damages, plus reasonable attorney’s fees.