Common Conditions FAQ: What Can I Do if I Think I'm Living in An Illegal Unit?

An illegal rental unit is a unit rented out by the landlord, but the landlord does not have permission to rent it out. This might be because the space is being used for a purpose other than what is specified in the building permit or does not meet the building and health codes to ensure safety. 

What are some signs of an illegal apartment? 

• The unit is in the basement or attic. 
• There is only one egress (exit) out of the unit.
• There is no separate meter for gas or electricity. 
• The number of residential units in the building exceeds the number designated in the Certificate of Zoning Compliance. 
• The local governmental agency responsible for code enforcement verified that the unit is illegal. 

Illinois law (65 ILCS 5/11-31.1-12.1) prohibits landlords from renting out illegal units.

• An owner may be liable to an occupant of an illegally converted unit for up to 3 times the rent paid to the owner. 
• Before a tenant can sue the landlord for damages, the tenant must notify the owner in writing that they violated the municipal code by registered mail or personal delivery. Click here for a copy of a letter to send to the landlord.
• A tenant can file a claim for damages 30 days after notifying the owner in writing that the unit is illegal. 
• This type of lawsuit will need to be pursued alone or with the help of a private attorney. Consider contacting one of the attorneys at the Chicago Bar Foundation's Justice Entrepreneurs Project that practice landlord/tenant law (many of these attorneys offer free or reduced-cost initial consultations).

What are my options? 

• Send the written letter to the landlord and then sue the landlord. 
• Contact the local department of buildings/health to request a building inspection because of a suspicion that the unit is illegal.