Understanding Tenant Rights: The Chicago RLTO and Tenant Protections
The Chicago Residential Landlord Tenant Ordinance (RLTO) is a local law that affects landlords and tenants.
Tenants covered by the RLTO have rights like:
- Repairs: If the landlord does not make repairs, the tenant may demand a repair by written notice. If the landlord fails to make repairs in 14 days, then the tenant may terminate the lease, withhold rent, or repair and deduct.
- Minimum Notice for Lease Non-Renewal and Rent Increase: If the landlord chooses not to renew the lease, then the landlord needs to give fair notice. A tenant must receive either 30, 60, or 120 days of notice depending on how long they have lived in the unit. The same notice is required for rent increases.
- Minimum Notice Before Landlord Entry: The landlord must give 2 days' notice before entering the tenant's unit unless it's an emergency.
- Disclosure of Information: The landlord needs to disclose contact information (name, address, and telephone number of the landlord or landlord's agent), code violations in the past 12 months, heat utility costs, and whether there's a foreclosure.
- Maximum Late Fee: The tenant cannot be charged a late fee more than $10 for the first $500 of rent and 5% on the rest.
- Summary of RLTO Rights: The tenant must receive a copy of the summary of the RLTO. If a landlord fails to provide a summary of the RLTO at the time the lease is signed or renewed, then the tenant has a right to terminate the lease upon written notice. For a summary of the RLTO, visit this link.
- Subleases: The tenant has a right to sublet as long as it is reasonable and that person meets the same qualifications required for all tenants.
- Right to Cure: The right to "pay to stay" after an eviction is filed. A tenant can dismiss the eviction case and stay in the unit if they pay unpaid rent and all court costs, but not including attorney's fees.
- Prohibition of Retaliation: A landlord cannot retaliate within 1 year of the tenant's good-faith protected activity.
Landlords have rights like:
- The right to terminate the lease if rent is not paid. The landlord must give a written 5-day notice
- The right to terminate the lease if the tenant violates their lease. The landlord must give a written 10-day notice identifying the lease violation.
- The right to not renew the lease after giving proper notice.
- The right to throw away abandoned property after 7 days.
NOTE: Not all tenants in Chicago are covered. Click here to explore whether you're not protected by the RLTO.
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.