Lockout: Utilities Turned Off
What options does a tenant have when the utilities are shut off?
Under the Evanston Residential Landlord and Tenant Ordinance, a tenant has several options if the landlord turns off one or more service to the unit (heat, running water, electricity, gas, telephone service, or plumbing). Internet may be included as well.
Lockouts are illegal. Lockouts are any action (or threat of action) by a landlord that prevent a tenant from living in or accessing their unit.
- Contact the Health and Human Services Department, 311, or 847.448.4311 during business hours of 8am to 5pm Monday through Friday.
- If you a heat emergency after hours, including weekends, please call the Police non-emergency number at 847.866.5000 and ask for the Property Maintenance Inspector on call to be paged.
- Call the local police. Members of the police department, while on duty, are authorized to arrest any person who is found to have done an illegal lockout under Section 5-3-12-3 of the Evanston RLTO.
- Send a demand letter to stop the lockout.
- Sue the landlord for a court order and/or damages (two months' rent or twice the actual damages suffered) and attorney's fees.
Please note that these remedies are not available if a utility is turned off because of the tenant's failure to pay a bill that is the tenant's responsibility under the terms of the lease.
There are some exceptions.
In emergencies like gas leaks or fires, your landlord might need to temporarily shut off the utilities to keep everyone safe. And if your building needs some repairs or fixes, your landlord can shut off the utilities for a short time, but they have to give you at least 7 days' notice beforehand. 765 ILCS 735/1.4.
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