A residential lease agreement in Chicago is a binding document between a landlord and a tenant. This agreement outlines the terms and conditions surrounding the use of a rental property in exchange for payment.
Chicago currently has several mandatory notices and disclosures that landlords must provide to tenants . These disclosures are either in addition to or modify requirements for Chicago’s lease agreement requirements.
For any residential lease agreements entered into or renewed after 2013, the landlord must provide tenants with an informational brochure regarding bed bug prevention and treatment prepared by the Department of Health.
Before entering into a lease agreement with a tenant, Chicago landlords must disclose any code violations or intention to terminate water, gas, electricity, or any other utility provided by the landlord. If a utility will be shut off, landlords must provide a date for the shut-off and clarify which areas will be affected. [1]
Chicago enforces several local laws regarding landlord-tenant rights that landlords should be aware of:
This ordinance applies to all residential rental units in Chicago except:
If a tenant decides to break the lease early for a disallowed reason, the landlord must make a reasonable effort to re-rent the unit at a fair rate, according to Illinois state law. The original tenant must continue to pay rent until a new tenant is found.
Alternatively, the original tenant may find a subtenant to take over payments rather than break the lease early. The landlord must accept the subtenant as long as they are reasonably qualified, with no additional fees. This is in accordance with Chicago-specific law. [2]
Tenants must give landlords reasonable access to the rental unit as long as they have received two days’ notice. If any work or repairs need to be made in the common area or other units, landlords must provide a general notice to all affected tenants. In the event of an emergency or unexpected repair, the landlord must provide notice within two days after entry. [3]
Similar to state law, landlords in Chicago are prohibited from requiring tenants to renew their rental agreement more than 90 days in advance. Chicago’s Fair Notice Ordinance requires landlords to provide tenants with the following amount of notice for lease terminations and increased rent:
Under Chicago’s Landlord and Tenant Ordinance , if the tenant does not pay rent on time, the landlord may charge a late fee of $10 per month if the rent is under $500. The landlord may also charge an additional 5% per month on any amount that exceeds $500.
Chicago’s Fair Notice Ordinance also gives tenants additional time to end an eviction case under certain conditions. Tenants may be eligible to stay in their homes if they:
Tenants may continue to make payments until a judge issues an official eviction order against them, known as an “order of possession”.
Within seven days of being served a foreclosure complaint, the landlord must disclose, in writing, to all tenants in the rental property that a foreclosure action has been filed. The landlord must also notify tenants, in writing, of a foreclosure suit before the tenant signs the lease agreement. [4]
The Chicago Relocation Plan Ordinance provides protections for seniors in affordable housing buildings that are undergoing renovations or rehabilitation. Under this ordinance, senior tenants are entitled to relocation assistance if they are living in an affordable housing building with at least 24 units. Developers are required to comply with this ordinance for all eligible housing. [5]
Heat season in Chicago starts on September 15th and ends on June 1st. The heat ordinance requires landlords to maintain an indoor temperature of 68 degrees Fahrenheit from 8:30 am to 10:30 pm, and 66 degrees Fahrenheit from 10:30 pm to 8:30 am. The ordinance also specifies which heating devices cannot be used to meet temperature requirements. These include:
In all circumstances, it is the responsibility of the landlord to maintain the required building temperature and keep all heating equipment in proper working order.
While not mandatory, landlords can add specific disclosures and addendums to their leases. This helps outline the responsibilities of the tenant and can prevent future liability issues.
Illinois is ranked as the 7th-highest state for asbestos-related deaths . This is why landlords should include an addendum stating if asbestos is present on the property. If asbestos is present, tenants should take precautions to minimize the chance of disturbing the fibers.
Since Chicago is known for its high rodent population , it would be wise for landlords to include a pest control addendum . This agreement should highlight the tenants’ responsibilities related to pest prevention—including reporting any signs of pests to management as soon as possible.
This pest control addendum does not apply to bed bugs—as landlords are required by the city to provide information on bed bug prevention.
Due to Chicago’s high crime rates , landlords may want to include an addendum stating that engaging in criminal activity, including drug-related activity, is prohibited on or near the property.
Before a tenant initially enters into or renews a rental agreement for a dwelling unit, the landlord…shall disclose to the tenant in writing…Any code violations which have been cited by the City of Chicago during the previous 12 months…
If the landlord succeeds in re-renting the dwelling unit at a fair rental, the tenant shall be liable for the amount by which the rent due from the date of premature termination to the termination of the initial rental agreement exceeds the fair rental subsequently received by the landlord…
A tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit
Within seven (7) days of being served a foreclosure complaint…an owner or landlord of a premises that is the subject of the foreclosure complaint shall disclose…that a foreclosure action has been filed against the owner or landlord.
… protecting senior tenants, including those senior tenants who need assistive devices or need reasonable accommodations, of affordable housing buildings undergoing renovation and rehabilitation resulting in the tempo rary relocation or internal transfer of those tenants.
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