Chicago Tenants Rights Pamphlets (English #2 of 3)

Responsibilities of the Tenant

What conditions in my apartment am I responsible for?

You must keep the apartment as safe as possible. You must not intentionally or carelessly destroy, deface, damage or remove any part of the apartment or building. You must also insure that your guests do not cause any damage.

Must I keep the apartment clean?

Yes. You must keep the apartment as clean as possible by throwing away all garbage, rubbish, and other waste cleanly and safely.

Am I responsible for appliances that do not work?

If your landlord supplied the appliance, you are not responsible to repair it unless you, your family, or guests used it in an unreasonable way. For more information on getting needed repairs, see pamphlet on "Rent Withholding and 'Repair and Deduct.'"

Am I responsible for what other people do to the apartment or building?

Only if you invited the people into the building. When you have guests over, you are responsible for their behavior and can be held liable for damages they may cause.

What duty do I owe my neighbors?

You, your family and guests must not disturb your neighbors or damage any of the areas in the building you share with them.

What if I do not meet my duties as a tenant?

If you do not meet your duties under your lease or the city law, the landlord can end your lease, sue you for damages caused to the building, or have the problem fixed and charge you for it. This makes it very important that you understand and agree to the provisions of your lease prior to signing it.

What can I do if my neighbor is so noisy that I want to move?

It is not an easy situation to deal with when you have noisy neighbors. There are a number of steps to take to try to resolve the problem. 1) Talk to the neighbor; 2) Complain to the landlord in writing and get other neighbors to complain to the landlord; 3) Call the police and file a complaint; 4) Seek a third party to mediate between you, the landlord, and the noisy tenant; 5) See the "Rent Witholding & 'Repair and Deduct'" pamphlet for further information. Call the Center for Conflict Resolution for information on conflict mediation at 372-6420.

How much notice do I get if my landlord wants to evict me for bothering my neighbors?

If you have a lease, your landlord has to send you a written notice telling you what the problem is. The notice must give you 10 days to fix the problem. If you have not fixed it within the 10 days, your lease is ended and the landlord can sue you for eviction. You want to be able to prove that you fixed the problem, a copy of a letter to the landlord stating that you have taken care of the problem can be used as proof.

If you disturb your neighbors again within 60 days after the notice, your landlord can cancel your lease by giving you a written 10-day notice. After this 10-day notice expires your landlord can sue for eviction. Your landlord can also get a court order to make you stop the conduct that is causing the disturbance.

Should I be notified if my landlord ends my tenancy?

Yes. If the landlord is ending your tenancy, you must first receive a written notice. For lease violations you would receive a notice giving you 10 days to fix the problem. For non-payment of rent, you would receive a notice giving you 5 days to pay rent. In a month-to month situation, you would receive a 30 day notice to move. If you do not comply with the notice, the landlord can sue for eviction. For more information see "Evictions" pamphlet.

If I am evicted can my landlord also sue me for money?

Yes. Even if your landlord ends your tenancy you can be sued for the costs caused by your failure to fix the problem. Your landlord can also get an order from the court to make you fulfull your duties. If the court decides that you knew about the problem and could have fixed it but did not, your landlord can also get lawyer's fees.

Do I have to let my landlord know when I plan on moving out?

If you are a month-to-month tenant, you need to give the landlord notice a full rental period (one month) in advance of your moving. It's a good idea to do this in a letter and keep a copy.

If you have a lease that is expiring, you are not obliged to tell the landlord you will be moving out at the end of the lease. Beware that if you do not respond to your landlord's request to renew a lease, the landlord can find someone else to move in at the end of your lease.

When must I let my landlord in my apartment?

You have to let your landlord in:

• to make or provide necessary or agreed repairs, decorations, changes, services or improvements: or
• to show the apartment to a possible tenant if it is less than 60 days before the lease ends; or
• when it is necessary to make repairs or maintenance in your apartment or other parts of the building that unexpectedly require that the landlord enter; or
• to conduct inspections by government agencies; or
• to determine if you are living up to your rental agreement; or
• in case of emergency.

How much time do I get before my landlord can come into my apartment?

Your landlord has to give you at least two (2) days notice before coming in, except in case of an emergency, or when repairs to other parts of the building make it necessary. Your landlord can tell you by telephone or by written notice. Unless you agree otherwise, your landlord must set a time to enter between 8:00am and 8:00pm.

Can my landlord come in if there is an emergency?

Yes. Your landlord may come in because of an emergency without a prior warning, but the landlord must tell you about being in the apartment within two (2) days after entering.

What if I think my landlord is coming into my apartment to harass me?

You can either sue to get an order to make the landlord stop, or you can seek to end the lease. If you want to end the lease, you must give your landlord a 14 day notice to stop the harassment. If your landlord does not stop with the 14 days, the lease is ended. You may be able to sue and get one month's rent or twice the amount of damage suffered (whichever is more) because of your landlord's actions and lawyer's fees.

If you believe the landlord is entering your apartment as a means of sexual harassment, there are additional actions you can take against the landlord. For more information call the Lawyer's Committee for Better Housing at 274-1111.

What if I do not let the landlord in?

If you do not let the landlord in, even after receiving proper notice, the landlord can take legal action against you. The landlord can go to court and get an order telling you to let them in, or choose to end your lease. If your landlord ends your lease you must be told why and given 10 days to let your landlord into the apartment. If you do not let your landlord in, the lease is ended and you can be evicted. Also, your landlord can sue for any costs caused by your refusal to let them in and for lawyer's fees.

---

Security Deposits

What is a security deposit?

A security deposit is a payment that the landlord may ask you to pay for future damage to the apartment caused by you, or for rent that you might owe. The security deposit remains your money, and is only to be used by the landlord after you move out to correct damage to the apartment that you caused or for any unpaid rent. The landlord may not charge you for normal wear and tear to the apartment. Your landlord may not deduct late rent fees, nor any other fees, from your security deposit. By requiring you to put up a security deposit, your landlord is getting some insurance that you will live up to the terms of your rental agreement. If you do not, your landlord will have a fund to pay for the damages after you move out.

How is a security deposit used?

The security deposit is used after you move out to pay for repairs that must be made for damage you caused, or for unpaid rent. If the security deposit does not cover the amount owed, your landlord may sue you for more money.

What kind of repairs can I be charged for?

Your landlord cannot charge you for normal wear and tear that has occurred in your apartment. But, the landlord can charge you for any damage caused by you or your guests. So your landlord can charge you for breaking something, but not for normal redecorating.

When you first move into the apartment you should make a list of the condition of the apartment, so you can prove that you did not cause the damages, but rather that was the way it was when you moved in.

Is there a limit on the amount of a security deposit?

No. In Chicago there is no legal limit to the amount of a security deposit your landlord can charge. It is up to you and your landlord to decide on an amount.

What is the difference between rent and a security deposit?

A security deposit is to protect the landlord from future damage that may be caused by you or for rent that has not been paid at the end of the lease. Rent is a payment to the landlord for the right to live in the apartment and is not refundable after you live in the apartment.

Can I use my security deposit as my last month's rent?

No. You cannot "live out" your deposit unless your landlord gives you explicit permission to do so. If you do not pay your last month's rent, your landlord may be able to sue you to get the money. If you do have your landlord's permission, make sure you get it in writing so you can prove the agreement.

What does my landlord do with the security deposit?

Your landlord must put your security deposit in a federally insured interest bearing account in a bank or other financial institution located within the State of Illinois.

Can my landlord use my security deposit money?

No. Your landlord must keep your money separate from the landlord's own. The security deposit still belongs to you.

Do I get interest on my security deposit money?

Yes. Your landlord has to pay you interest at a rate of 5% a year on your security deposit or any prepaid rent. At the end of every 12 months that you rent, your landlord has 30 days to pay you the interest. Your landlord can pay cash, write a check, or reduce your next month's rent.

If your landlord does not pay you your interest within those 30 days, send the landlord a certified letter stating that the landlord is obligated to pay 5% interest yearly. Keep a copy of the letter for your records. Then, if the landlord does not answer, you can sue for twice the amount of your deposit, plus 5% interest, court costs and lawyer's fees.

Should I get a receipt for my security deposit?

Yes. Under the law the landlord or the person taking the money must give you a receipt, which must include the amount of the security deposit, the name of the person taking the money, the name of the landlord, the date the money was paid, and a description of the apartment. If the landlord refuses, you can sue for the return of the deposit.

How long do I have to wait before I get my security deposit back?

After you move out, your landlord has 45 days to return your deposit plus any interest, minus any deductions that are made for repairs or rent owed. If a fire or casualty made the unit no longer liveable and you gave proper notice to terminate your rental agreement, your landlord must return the security deposit within 7 days from the date of notice of termination.

What if some of my security deposit is used?

If your landlord takes money from your security deposit for repairs, then within 30 days from the time you move the landlord must send you a written list of the damage you are being charged for, and a copy of paid bills or estimates for the repairs of damage you caused. If you do not hear from the landlord within 30 days after you move, your landlord may not deduct money from your security deposit for damages. Your landlord may automatically deduct any unpaid rent from your security deposit without notification. To protect yourself, you should give your landlord your new address as soon as possible so that the landlord knows where to send your deposit.

If your landlord sends estimated costs of repairs with the list of damages, within 30 days of this notice you must be sent the paid receipts or proof of the actual costs of repair. Regardless of why money is being deducted from your security deposit, the remainder of your deposit must still be returned to you within 45 days after you move out.

Who gets my security deposit if the landlord sells the building?

The return of your security deposit becomes the obligation of the new landlord at the time of sale, regardless of whether the building's security deposits were actually transferred between landlords. If the landlord sells the building, you must be told in writing the name, business address and telephone number of the new landlord who will be responsible for your security deposit. If the old landlord does not provide this information, the old landlord can also be held responsible for your security deposit.

How do I get my security deposit and interest from my landlord?

It is a good idea to notify your landlord in writing when you move out that your security deposit is due back to you within 45 days. Include your new address so that the landlord knows where to send the balance of your security deposit. Keep a copy of this letter.

If you do not hear from your landlord within 45 days after you have moved out, send a certified letter asking for the security deposit and interest.

If the landlord still does not return your security deposit you can sue for twice the amount of your deposit, plus 5% simple interest for each year the deposit was held, court costs and lawyer's fees.

For information on how to sue without a lawyer call the Pro-Se Court at 443-5626. The Department of Consumer Services takes security deposit complaints at 744-9400.

---

Rent Withholding and Repair and Deduct

What is my landlord responsible for?

Your landlord has a duty to keep the apartment and the building fit to live in. Your landlord must also do the things agreed to in your lease, including doing all necessary repairs to fulfill these duties.

What repairs must my landlord do to keep the apartment safe?

Your landlord has a duty to keep the building in a safe and liveable condition. The following things must be in a safe condition according to city law:

• building structure must be solid and in good condition;
• foundations, walls, and the roof must be water tight;
• the property must be protected against mice, rats, and other rodents and insects;
• there must be signs for exits and fire escapes;
• smoke alarms must be provided, also sprinklers and fire extinguishers where required;
• hallways and stairways must be kept lighted;
• windows, outside doors and basement doors must be safe and in good condition;
• boiler, furnace and chimneys must be in good working order;
• plumbing and pipes must be kept in good working order;
• electrical wire and circuits must be safe and operable.

What other repairs must the landlord do to make my apartment fit to live in?

Your landlord must:

• keep flush toilet, bathroom basin, bath tub, shower, and kitchen sink in good working condition;
• supply hot and cold water;
• supply enough heat as required by city law;
• supply screens between April 15 and November 15 where required by law;
• prevent the collection of stagnant water;
• provide adequate ventilation and light.

Must the landlord exterminate?

Yes. Your landlord must exterminate to prevent insects, rats, or pests in the building.

Must my landlord provide for trash collection?

Yes. Your landlord must provide a place for disposing of trash and garbage.

Does my landlord have to repair the appliances in my apartment?

Yes. If your landlord supplies the appliance, such as the refrigerator, stove, and air conditioner, the landlord must keep them in good working condition.

Can I sue my landlord for failing to make repairs?

Yes. If your landlord does not fix the problem, you can sue for the amount of the costs caused by the failure of your landlord to fix the problem. Or you can sue and try to get an order from the courts requiring your landlord to obey the terms of the lease or maintain the building according to the law. If you sue and win, you can get lawyer's fees.

When can I repair the problem myself?

If it is a small problem and the reasonable cost of fixing it is less than $500 or one-half (1/2) of your monthly rent (whichever is greater, so long as the total cost is not more than one month's rent), you can have it fixed yourself and deduct the cost from your rent.

What must I do before I can have the repairs done myself?

First, you must give your landlord a chance to fix the problem. You must send a written notice telling your landlord about the problem and your plan to have it fixed, if the landlord does not make the repairs within 14 days. Remember to keep a copy of your letter.

What if my landlord does not do the repairs?

After 14 days you can have the work done yourself, but it must be done to the standards of the city law. Then you must give a copy of the paid bill to your landlord along with your reduced rent. For your own protection, you should keep a copy of the paid bill and the original 14-day notice.

What if I caused the damage?

You cannot charge the landlord for damage that you, your family or your guests have caused by being careless. For more information, see "Responsibilities of the Tenant" pamphlet.

What if the problem is in part of the building I share with other tenants?

You also have to give notice to all the other tenants of your plan to repair any of the common areas, like stairways or hallways.

What if I want to withhold rent?

You have to let your landlord know four things in writing: 1) what the problem is; 2) that you plan to withhold part of your rent; 3) how much of your rent you plan on withholding; and 4) that you are allowing the landlord 14 days to fix the problem before you withhold rent. If you want to withhold rent you should give your landlord the notice at least 14 days before your rent is due.

When do I start to withhold rent?

If the problem is not fixed after 14 days, you may then deduct part of the rent for each day after the 14-day deadline until the problem is fixed.

How much should I withhold?

No matter how bad the problem is, you should not deduct 100% of your rent if you are still able to live in the apartment. It is best to deduct a conservative amount from your rent. If you withhold an excessive amount, you may run the risk of being evicted. The law leaves it up to you to decide what is the reduced value of the apartment. You can do this by deciding how much of the apartment cannot be used because of the problem. Remember that your landlord can sue you for the rent you withheld, and a court will then decide if the amount you withheld was reasonable.

What if I withhold or deduct rent in the wrong way?

If you do not give proper notice, or in some way do not follow the correct procedure, you could be responsible for the entire amount of your rent. You could even be evicted, so you should talk to a lawyer before you take any action. It is very important that you follow each step outlined in this pamphlet.

Can I end my lease because my landlord has failed to make repairs?

Yes. But the conditions must be more serious than those required to use the other remedies described above and you must be very careful to follow the correct procedure.

How bad do conditions have to be before I may end my lease?

The conditions must render the premises "not reasonably fit and habitable." This means that several of the repairs needed to keep the apartment safe (listed previously) must not have been made by the landlord. The apartment must be unhealthy and not liveable before you may end your lease.

What procedure must I follow to end my lease if the apartment is not reasonably fit and habitable?

You must send your landlord a written notice that explains why you are ending the lease. This notice must state that your landlord has 14 days to fix the problem. If the landlord does not fix the problem in that time, the lease is ended. On the day the lease ends, you have 30 more days to move out. If you don't move out in 30 days, the lease goes back in effect. If you end the lease, your landlord must return all prepaid rent, security deposit, and any interest due.

---

Eviction

What can I be evicted for?

You can be evicted for not paying your rent, damaging the apartment, disturbing your neighbors or violating your lease in some other way. If you do not have a written lease, you also can be evicted for no reason if the landlord serves you with a written 30-day notice.

What is a 30-day notice?

A 30-day notice can only be given to you if you have a month-to-month lease or if you have no lease and pay rent monthly. In this situation your landlord can end your lease by giving you a written notice at lease 30 days in advance of when your rent is due. When that time runs out your lease is over, and your landlord can sue for eviction.

If I have a lease can the landlord evict me?

Yes. If you have failed to do something required by your lease or have not kept your apartment in a clean, safe condition, the landlord can sue you for eviction. However, only a judge can order you to move from your apartment. For more information on your duties, see "Responsibilities of the Tenant" pamphlet.

What if I do not pay my rent?

Before your landlord can sue to evict you, the landlord must give you a chance to pay your rent, regardless of whether or not you have a written lease. The landlord must give you a written notice telling you exactly how much rent you owe and a specific time in which to pay your rent. Your landlord must give you at least 5 days after you have been served with the written notice to pay your rent. This is known as a 5-day written notice. If you pay within the 5 days, the landlord must accept your rent. If you have not paid within the 5 days, your landlord may sue for eviction. If the landlord accepts your full rent after the 5-day notice expires, the landlord loses the right to sue for eviction.

What if my landlord will not take my rent money?

You must offer the total amount of money owed for rent to your landlord. If you think you owe less than your landlord is asking for in the 5-day notice you should pay the full amount you think you owe. Always have a witness present to watch you pay or attempt to pay the landlord. If possible you should pay with a money order or a check so you will have proof that you did offer the amount due.

If the landlord refuses to take the money, you should save it to take with you to court. You cannot be evicted if the landlord refused to take the rent when it was due or during the 5-day period the written notice gave you to pay.

What if I am withholding rent because my landlord will not fix my apartment?

To protect yourself against an eviction action by your landlord, you must follow the proper legal procedure for withholding rent. For more information, see "Rent Withholding and 'Repair and Deduct'" pamphlet prior to withholding any rent.

What if I violate my lease?

If you break the lease or fail to live up to your duties, then your landlord must tell you in writing what you have done and give you 10 days to fix it. This is known as a 10-day notice. After the 10 days, if you have not fixed the problem, then the lease is ended and your landlord can sue for eviction.

What is the proper way to serve one of these notices?

The notice must be given to you, or left with someone who lives in your household who is at least 13 years old, or sent by certified or registered mail. The landlord may only post it on the apartment door if you no longer live in the apartment. For example, if the notice was given to a child under 13 or if it is put under the door, it is not valid, and you should inform the court of this when you appear in court.

What can I be sued for if my landlord takes me to court for eviction?

The landlord can sue you for one or both of the following: possession of the apartment and rent. When suing for possession, the landlord is seeking the return of the apartment. When suing for rent, the landlord is seeking a money judgement in the amount of rent you owe. The landlord can sue for court costs and for attorney's fees, but does not automatically win them.

How do I know if I am being sued for eviction?

After the landlord files suit you must be given a summons to appear in court. The date of the trial is on the summons. Your court date will be between 14 and 40 days from the date on the summons. The summons must be given to you, or a member of your household over the age of 13, no less than 7 days before the trial. If the dates are incorrect, tell the judge when you go to court.

What does my landlord have to prove to get me evicted?

The landlord must prove:

• that the landlord has a right to possession of the apartment; and
• that you violated the lease or stayed in the apartment after the lease ended; and
• that the landlord has properly ended the lease by serving written notice; and
• that there is rent due (if the landlord is suing for rent); and
• that the landlord has properly filed suit.

For more information on leases and lease renewals, see "Leases" pamphlet.

When I get to court will I be able to talk to the judge?

Yes. You should be well prepared to tell your side of the story. You will have a very short time to present it. The best way to present your case is to introduce yourself, and then tell the judge the facts in an organized manner. You should write it out beforehand, so you will not forget anything. You should also have with you any receipts, pictures, or witnesses that you wish to show the judge. Remember to keep it short.

What kind of defenses can I use?

Among other things, you can tell the judge you have already paid or offered to pay the rent. You can prove this by showing the court a cancelled check or receipt, or by bringing a witness to court to say you actually paid or tried to pay the rent.

You can tell the judge you did not receive the correct written notice that the lease was to be ended, or that it was not given to you properly.

If you received a 10-day notice, you can tell the judge that you fixed the problem within 10 days.

You can tell the judge that you are withholding rent by following the city law because of a problem with the building or that you have repaired a problem and are deducting the costs from the rent according to city law. To do so, bring a copy of your letters to your landlord to court with you. For more information, see "Rent Withholding and 'Repair and Deduct'" pamphlet.

There are many other defenses to an eviction suit, so talk with a lawyer before you go to court.

If the judge orders me evicted, how long do I have before I must move?

According to the law you must get at least 5 days, but the courts will generally give you an extra day or two if you appear in court. If you have special circumstances that make it difficult for you to move in the time the court gives you, explain your situation to the judge and ask for more time.

Who can remove my belongings from my apartment?

Only the Sheriff of Cook County can actually move your belongings from your apartment. The Sheriff can only do this after the landlord gets permission from the courts for your eviction. If your landlord attempts to move your belongings, call the police immediately. For more information, see "Lockouts and Retaliation" pamphlet.