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APARTMENT LEASE

DATE OF LEASE TERM OF LEASE MONTHLY RENT SECURITY DEPOSIT


BEGINNING ENDING

LESSEE: LESSOR:
NAME: NAME:

ADDRESS: ADDRESS:

PHONE:
PHONE:

AUTHORIZED OCCUPANTS: PERSON AUTHORIZED TO ACT ON BEHALF OF OWNER FOR


PURPOSE OF SERVICE OF PROCESS AND RECEIPTING OF
NOTICES:
NAME: None

ADDRESS:

APPLICATION AND OCCUPANCY NOTICE TO TENANT


LESSEE ACKNOWLEDGES THAT THIS LEASE HAS BEEN EXTENDED TO LESSEE PURSUANT TO AN APPLICATION THEREFOR
SUBMITTED BY LESSEE. THE ACCURACY OF THE INFORMATION THEREIN CONTAINED IS A MATERIAL CONDITION OF
LESSOR IN EXTENDING THIS LEASE TO LESSEE. LESSEE WARRANTS THAT ALL THE INFORMATION GIVEN BY LESSEE IN
APPLLYING FOR THIS LEASE IS TRUE AND ACKNOWEDGES THAT PROVIDING FALSE INFORMATION IS A MATERIAL
BREACH OF THIS LEASE. OCCUPANCY BY MORE PERSONS AS SET FORTH IN THIS LEASE OR APPLICATION SHALL
CONSTITUTE A MATERIAL BREACH OF THIS LEASE.

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NOTICE OF CONDITIONS AFFECTING HABITABILITY
I hereby acknowledge that Lessor has disclosed any code violations, code enforcement litigation and/or compliance board proceedings during
the previous 12 months for the apartment and common area and any notice of intent to terminate utility service, copies of which, if any, are
attached to this lease.
_____________________
Initials of Lessee

FURTHER ACKNOWLEDGEMENTS BY LESSEE


Lessee hereby acknowledges that on                                   , 2009, he/she/they received from John W. Thomas, (Lessor or representative) in
connection with the rental of the dwelling located at 122 N. Taylor Ave., Unit 2N, Oak Park, IL, the following documents:

Security Deposit Receipt _______________________________________


(Acknowledgement by Lessee)

Protect your Family From Lead in


Your Home Brochure _______________________________________
(Acknowledgement by Lessee)

Condo Association Property Act _______________________________________


(Acknowledgement by Lessee)

In consideration of the mutual agreements and covenants herein set forth, and in further consideration of the statements made by Lessee in the
Application for Lease and all supporting documents thereto, the truth and accuracy thereof being attested to by Lessee, and the information
therein contained being incorporated into this lease as if set forth herein in full, Lessor hereby leases to Lessee, and Lessee hereby leases from
Lessor, for use as a private dwelling unit only, the above noted premises, together with the fixtures and appliances belonging thereto, for the
above Term:

LESSEE LESSOR

____________________________________________ ____________________________________________________

________________ __________________
DATE DATE

___________________________________________ _____________________________________________________

______________ ______________
DATE DATE

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LEASE COVENANTS AND AGREEMENTS:
this lease, reasonable wear and tear excepted. Lessee shall
1. RENT: Lessee shall pay to Lessor or Lessor’s authorized make all necessary repairs to the premises whenever damage
agent, at the address set forth above, or as hereafter changed has occurred or repairs are required due to Lessee’s conduct or
by written notice to lessee, as rent for the Premises, the sum neglect. Lessee shall replace all broken glass and fixtures and
stated above. Rent is due and payable on the first day of each shall maintain all smoke and carbon monoxide detectors in
calendar month, in advance. The timely payment of each good condition at all times, including replacing spent batteries
installment of rent is deemed to be of the essence of this as necessary. Upon Lessee vacating the premises, if the
Lease. premises are not clean and in good repair, Lessor or his agent
may replace the premises in the same condition of repair and
2. LATE CHARGES: Rent received by Lessor later than cleanliness as existed at the commencement of the lease term.
the 5th day of the month on which such payment is due shall Lessee agrees to pay Lessor for all expenses incurred by
bear a late charge of $ 10.00 plus 5 % of any rent due in Lessor in replacing the premises in that condition. Lessee shall
excess of $ 500.00. If Lessee mails rent to Lessor, the late not cause or permit any waste, misuse or neglect to occur to
charge will apply if the rent is received later than the 5 th day of the water, gas, utilities or any other portion of the premises.
the month, regardless of the date Lessee mailed such rent
payment. If a payment of rent is made by personal check
which is later dishonored by the Lessee’s bank, the tenant shall
be assessed any bank charges incurred by Lessor as a result of
such dishonored check, in addition to the rent and late charge
due on the payment of rent. 8. USE OF PREMISES: The premises shall be occupied for
residential purposes only, and only by the persons disclosed in
3. SECURITY DEPOSIT: Lessee has deposited with Lessor, this lease and on the Application for Lease submitted by
the sum set forth above as a security deposit to be held by the Lessee in connection with the renting of the premises. Lessee
Lessor in accordance with State or local law or ordinance to shall not engage in any activity, which will increase the rate of
secure the faithful performance by the Lessee of all of the insurance on the property. Lessee shall not allow trash to
provisions contained in this lease. If Lessee performs all of the accumulate in the common areas of the premises or allow
obligations as provided in this lease and pays all sums due objects to be thrown from windows. Lessee shall not hang
Lessor, then Lessor, after the Lessee has surrendered objects out of windows or place objects on windowsills or
possession of the premises and delivered the keys thereto to ledges, which may fall and injure persons below. Lessee shall
Lessor, shall refund said deposit to Lessee, including interest not use porches for cooking, sleeping or storage of furniture,
as provided by law. If Lessee has failed to perform or comply bicycles or other items of personal property. In no case shall
with any of the provisions of the lease, then Lessor may apply Lessee allow porches or decks to be overloaded or occupied
all or any part of the security deposit in payment of any sums by more people than would be reasonably safe based on the
due from Lessee to Lessor, or to pay for repair of any damages condition of such porch or deck.
caused by Lessee, Lessee’s co-occupants or guests. The
security deposit shall not be treated as advance payment of 9. APPLIANCES: Lessee shall not install any air
rent, and the Lessee shall not apply the security deposit as rent conditioning, heating or cooling equipment or dishwashers or
during the term of the lease unless Lessee obtains written clothes washers or dryers or other appliances in any portion of
permission from Lessor to do so. the building or premises occupied by Lessee without first
obtaining Lessor’s written permission to do so. All such
4. POSSESSION: If Lessor cannot deliver possession of the appliances installed by Lessee shall be maintained in good
premises at the commencement of the lease term, the rent shall working order by Lessee and removed by Lessee at the
be abated until the premises are available for occupancy by expiration of the term of the lease. Any damage caused by
Lessee, or at Lessee’s option, the Lessee may terminate this appliances installed by Lessee shall be the responsibility of
lease upon written notice to Lessor. Lessor shall not be liable Lessee and Lessee shall reimburse Lessor for the cost of repair
to Lessee for any consequential damages to Lessee arising as a of any damage caused by such appliances.
result of Lessor’s inability to give Lessee possession of the
premises at the commencement of the lease term. 10. HEAT AND HOT WATER: Lessor agrees to provide
Lessee with heat and hot water in sufficient quantities as may
5. CONDITION OF PREMISES: Lessee has examined the be required by law or ordinance during the term of the lease. If
premises prior to accepting the same and prior to the execution the Premises contains separate heating and/or hot water
of this lease, and is satisfied with the physical condition fixtures, then Lessor’s sole obligation shall be to provide
thereof, including but not limited to the heating, plumbing and Lessee such fixtures in good operating condition at the
smoke detectors. Lessee’s acceptance of possession shall commencement of the lease, and Lessee shall be responsibility
constitute conclusive evidence of Lessee’s receipt of the for the utility costs for the operation thereof.
premises in good order and repair as of the commencement of
the lease term. Lessor or his agent has made no promises as to 11. DISTURBANCE: Lessee agrees not to play televisions,
condition or repair to Lessee, unless they are expressed in this radios or musical instruments or musical playback equipment
lease or a rider hereto signed by Lessee and Lessor or his in a manner which disturbs other tenants, and shall maintain
agent, and no promises to decorate, alter or repair the premises the volume of such equipment at reasonable levels. In
have been made by Lessor or his agent, unless expressed addition, Lessee agrees to limit playing of such equipment
herein. between the hours of 10:00 p.m. and 7:00 a.m. to a volume
that cannot be heard by persons outside of the premises.
6. LIMITATION OF LIABILITY: Except as provided by
state or local law or ordinance, Lessor shall not be liable for 12. ACCESS TO PREMISES: Lessee shall permit the
any damage (a) occasioned by failure to keep Premises in Lessor access to the premises at all reasonable times, subject
repair; (b) for any loss or damage of or to Lessee’s property to the notice requirements of applicable law or ordinance, to
wherever located in or about the building or premises, or (c) inspect the premises and/or to make any necessary repairs,
acts or neglect of other tenants, occupants or others at the maintenance or improvements or supply necessary or agreed
building. upon services, or to determine Lessor’s compliance with the
provisions of this Lease. In the event of an emergency or
7. LESSEE TO MAINTAIN: Lessee shall keep the premises where repairs in the building require access to Lessee’s
and the fixtures and appliances therein in a clean and healthy premises, Lessor may enter without prior notice to Lessee,
condition, and in good working order, and in accordance with without the same being considered a forcible entry by Lessor.
any and all ordinances applicable to the tenancy, at Lessee’s Lessee’s failure to provide such access shall be a breach of this
own expense, and upon the termination of this lease, for any lease, and Lessor shall be entitled to terminate this lease in the
reason, Lessee shall return the premises to Lessor in as good a event such access is denied by Lessee.
condition of cleanliness and repair as at the commencement of

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13. SUBLET OR ASSIGNMENT: Lessee shall not sublet pursuant to this Lease or applicable State or Local Law or
the premises or any part thereof, nor assign this lease, without Ordinance.
obtaining Lessor’s prior written permission to sublet or assign.
Lessor shall not unreasonably withhold permission and will 21. FIRE OR CASUALTY: If the Premises, Building or any
accept a reasonable sublease as provided by ordinance, part thereof shall become uninhabitable as a result of fire,
provided the Lessee passes a background check. explosion or other casualty, Lessor and Lessee shall have all of
the rights provided by state or local law or ordinance. For
14. HOLDING OVER: If the Lessee remains in possession purposes of this paragraph, Lessor’s good faith effort to obtain
of the premises or any part thereof after the termination of the insurance adjustments, settlements or awards to obtain
lease by lapse of time or otherwise, then the Lessor may, at sufficient funds to perform repairs made necessary due to fire,
Lessor’s option, consider such holding over as constituting a explosion or other casualty shall be deemed diligent efforts to
month-to-month tenancy, upon the terms of this lease except at repair the Building within a reasonable time.
double the monthly rental specified above. Lessee shall also
pay to Lessor all damages sustained by Lessor resulting from 22. SECURITY GATES OR BARS: The installation by
Lessee’s retaining possession of the premises. In the event Lessee of any metal gate or bars on doors or windows is
Lessor accepts a payment of rent for a period after the dangerous and strictly prohibited. Lessee shall immediately
expiration of this lease in the absence of any specific written remove same upon notice by Lessor to Lessee to do so and
agreement, continued occupancy shall be deemed a month-to- Lessor shall have the right to immediately remove any such
month tenancy, on the same terms and conditions as herein installation at Lessee’s expense if Lessee shall fail to do so
provided, except for the double rent provision, to the extent upon notice. Lessee hereby grants Lessor access to the leased
permitted by state or local law or ordinance. premises at all reasonable times for the purpose of removing
such gates or bars. The cost of repairing any damage to the
15. FORCIBLE DETAINER: If Lessee defaults in the leased premises caused by the installation and/or removal or
payment of rent or any part thereof, Lessor may distain for such gates or bars shall be paid by Lessee upon demand by
rent and shall have a lien on Lessee’s property for all monies Lessor therefore, in addition to all costs of enforcement of this
due Lessor, or if Lessee defaults in the performance of any of paragraph 22, including reasonable attorney’s fees incurred by
the covenants or agreements herein contained, Lessor or his Lessor in enforcing this provision. In addition to the
agents, at Lessor’s option, may terminate this Lease and, if foregoing, the installation of such gates or bars shall constitute
abandoned or vacated, may re-enter the premises. Non- a breach of this lease, entitling Lessor, at Lessor’s sole option,
performance of any of Lessee’s obligations shall constitute a to terminate Lessee’s right to possession of the premises
default and forfeiture of this lease, and Lessor’s failure to take pursuant to this lease and commence proceedings to
action on account of Lessee’s default shall not constitute a dispossess Lessee from the premises.
waiver of said default.
23. EARLY TERMINATION: The term of this lease shall
16. LIABILITY FOR RENT: Lessee shall continue paying expire at noon on the day described on the face of the lease as
rent and all other charges for the Premises to the end of the “Ending Date”, at which time tenant will give possession of
term of this lease, whether or not the Premises becomes vacant premises to Lessor. Lessor shall have the right to terminate
by reason of abandonment, breach of the lease by Lessee, this Lease in the last day of any calendar month by giving the
wrongful termination by Lessee or if the Lessee has been Lessee not less than 120 days prior written notice if the Lessor
evicted for breach of this lease, to the extent said obligation proposes or is required to: 1) remodel, 2) remove, or 3)
for rent has not been mitigated, abated or discharged, in whole demolish respective premises or any substantial portion of it or
or in part, by any law or ordinance. Notwithstanding any of if Lessor sells the premises that is the subject of this lease.
the provisions contained in this section, the Landlord shall
make a good faith effort to re-let the Premises (but not in 24. MECHANIC’S LIENS: Lessee shall not place or allow
priority to other vacancies) and if the Premises is re-let, Lessee to be placed on the Premises, the building or elsewhere on the
shall be responsible for the balancer of the rent, costs, real property, any mechanic’s lien or any other claim for lien
advertising costs and attorney’s fees) in connection therewith. for any repairs, maintenance, alterations or modifications
performed by, or ordered or contradicted by, the Lessee,
17. BINDING EFFECT: If Lessee shall violate any covenant whether or not same were rightfully performed or ordered by
or provision of this lease, Lessor shall have the right to the Lessee. The placement of any such lien shall constitute a
terminate this lease or Lessee’s right to possession pursuant to breach of this lease and upon ten days’ notice to cure said lien
the lease upon appropriate legal notice to Lessee. If Lessee or lien claim, Lessor may terminate Lessee’s tenancy or right
assigns this lease, whether with or without Lessor’s to possession. In addition, Lessor shall have the right to satisfy
permission as required herein, the covenants and conditions and remove said lien without regard to the merits thereof and
contained in the Lease shall nonetheless be binding on the Lessee shall be responsible for the damages incurred in
assignee as if assignee had signed the lease. Nothing contained removing the lien, along with other damages, costs and
in this paragraph 17 shall preclude Lessor from commencing attorney’s fees incurred by Lessor in connection therewith.
legal proceedings against any assignee of this lease who
obtained possession from the party named as Lessee in this 25. RULES AND REGULATIONS: Lessee agrees to obey
Lease without Lessor’s written permission as required in the Rules and Regulations contained in this Lease, and any
paragraph 13 above. attachments and inclusions hereto as well as any further
reasonable Rules and Regulations established by the Lessor
18. ATTORNEY’S FEES: If Lessor commences legal during the pendency of this lease. The Rules and Regulations
proceedings to enforce the covenants of this lease due to are hereby incorporated into and made a part of this lease.
Lessee’s breach thereof, Lessee shall pay Lessor’s reasonable Failure to observe the Rules and Regulations shall be deemed
attorney’s fees incurred to enforce Lessee’s compliance with to be a material breach of this lease, and in event of such
the terms of this Lease. breach, Lessor shall be entitled to terminate Lessee’s right to
possession under the Lease upon ten days’ notice, and shall
19. CONTINUOUS OCCUPANCY: Lessee shall maintain further be entitled to such rights and remedies as provided by
continuous occupancy of the premises, and not allow the same applicable state or local law or ordinance.
to remain vacant for any period in excess of ten days without
notifying the Lessor of such vacancy. Lessee shall not allow 26. SUBORDINATION OF LEASE: This lease is
persons other than those authorized by the Lease to occupy the subordinate to all mortgages, which may now or hereafter
premises as guests for periods exceeding seven consecutive affect the real property of which the Premises form a part. The
days during the term of the Lease for any reason. recordation of this lease, or any memorandum thereof by
Lessee shall constitute a material breach of this lease.
20. REMEDIES CUMULATIVE: Lessor’s remedies
contained in this Lease are cumulative and are in addition to, 27. SEVERABILITY: If any clause, phrase, provision or
and not in lieu of, any other remedies granted to Lessor portion of this lease, or the application thereof to any person
or circumstance, shall be determined to be an invalid or

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unenforceable under applicable law or ordinance, such event
shall not affect, impair or render invalid or unenforceable the 7. Lessee may not barbeque or operate cooking equipment on
remainder of this lease or any other clause, phrase, provision decks.
or portion hereof, nor shall it affect the applicability of any
clause, provision or portion hereof to other persons or 8. Lessee shall not dispose of rubbish, rags or other items
circumstances, and the lease shall be interpreted in accordance which might clog toilets or sink drains into toilets or sink
with said ordinance. drains.

9. Lessee shall not place any signs or advertisements on the


RULES AND REGULATIONS windows or within the apartment or otherwise upon the
Building, if such signs are visible from the street.
1. No dogs, cats, or other animals shall be kept in the premises
10. Lessee shall dispose of garbage and refuse by securely
except with the Lessor’s prior consent, and subject to the
bagging or wrapping same and disposing of it in designated
conditions set forth in any such consent. No animals are
garbage containers or incinerators. Lessee shall not allow
permitted without a leash in any public areas of the premises.
garbage containers to overflow and shall see to it that garbage
container lids are fully closed and secure at all times.
2. No additional locks or other similar devices shall be
attached to any door without Lessor’s written consent.
11. Lessee shall NOT install a waterbed or any other unusually
heavy item of furniture without prior written permission from
3. Lessee shall not install or operate any machinery,
Lessor.
refrigeration or heating devices or use or permit onto the
premises any inflammable fluids or materials which may be
12. Lessee shall not interfere in any manner with the heating
hazardous to life or property.
or lighting or other fixtures in the building nor run extension
cords or electrical appliances in violation of the Building
4. Hallways, stairways and elevators shall not be obstructed or
Code.
used for any purpose other than ingress and egress from the
building. Children are not permitted to play in the common
13. Lessor may bar individuals from the building and/or
areas. Lessee may not store any items in the hallways or
Lessee’s premises. All guests and invitees of Lessee shall
common areas of the building.
observe all rules and regulations of the building. If these
provisions are violated by guests, they may be barred and/or
5. Operation of electrical appliances or other devices which
arrested for criminal trespass, after they have received a barred
interfere with radio or television reception is not permitted.
notice and then have been placed on a barred list by Lessor.
Violation of this rule is grounds for termination of your
6. Deliveries and moving of furniture may be conducted
tenancy.
through the porch entrance of the building at times permitted
by Lessor.

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CITY OF CHICAGO
RESIDENTIAL LANDLORD AND TENANT ORDINANCE SUMMARY
This Summary of the ordinance must be attached to every written rental agreement or be given to the tenant who has an oral rental agreement.
Unless otherwise noted, all provisions are effective as of November 6, 1986. [Mun. Code ch. 5-12-170]

IMPORTANT: If you seek to exercise rights under the ordinance, obtain a copy of the ordinance to determine appropriate remedies
and procedures. Consulting an attorney would be advisable.

IMPORTANT NOTICE

A message about porch safety: The porch or deck of this building should be designed for a live load of up to 100 lbs. Per square foot, and is
safe only for its intended use. Protect your safety. Do not overload the porch or deck. If you have questions about porch or deck safety, call the
City of Chicago non-emergency number, 3-1-1.

WHAT RENTAL UNITS ARE COVERED BY THE ORDINANCE? [Mun. Code ch. 5-12-010]
• Rental units with written or oral leases (Including all subsidized units such as CHA, IHDA, Sect. 8, etc.)
EXCEPT
• Units in owner-occupied buildings with 6 or fewer units.
• Units in hotels, motels, rooming houses, unless rented on a monthly basis and occupied for more than 32 days.
• School dormitory rooms, shelters, employee’s quarters, non-residential rental properties.
• Owner occupied Co-ops and condominiums.

WHAT ARE THE TENANT’S GENERAL DUTIES UNDER THE ORDINANCE? [Mun. Code ch. 5-12-040]
The tenant, the tenant’s family and guests must comply with all obligations imposed specifically upon tenants by the Municipal Code, including:
• Buying and installing batteries in smoke and carbon monoxide detector within tenant’s apartment.
• Keeping the unit safe and clean.
• Using all equipment and facilities in a reasonable manner.
• Not damaging the unit.
• Not disturbing other residents.

LANDLORD’S RIGHT TO ACCESS [Mun. Code ch. 5-12-050]


• A tenant shall permit reasonable access to a landlord upon receiving 2 days notice by mail, telephone, written notice or other means
designed in good faith to provide notice.
• A general notice to all affected tenants may be given in the event repair work on common areas or other units may require such access.
• In the event of emergency or where repairs elsewhere unexpectedly require access, the landlord must provide notice within two days
after entry.

SECURITY DEPOSIT AND PREPAID RENT [Mun. Code ch. 5-12-080]


• A landlord must give a tenant a receipt for a security deposit including the owner’s name, the date it was received and a description of
the dwelling unit. The receipt must be signed by the person accepting the security deposit.
• A landlord must pay interest for Security deposit and prepaid rent (eff. 1/1/92) held more than 6 months.
• The rate of interest a landlord must pay is set each year by the City Comptroller. (eff. 7-1-97)
• Before expenses for damage can be deducted from the security deposit, the landlord must provide the tenant with an itemized
statement of damages within 30 days of the date the tenant vacates the dwelling unit.
• A landlord must return all security deposit and required interest, if any, minus unpaid rent and expenses for damages, within 45 days
from the date the tenant vacates the unit.
• In the event of fire, a landlord must return all security deposit and required interest, if any, minus unpaid rent and money for damages,
within 7 days from the date that the tenant provides notice of termination of the rental agreement. (eff. 1/1/92)

WHAT ARE THE LANDLORD’S GENERAL DUTIES UNDER THE ORDINANCE?


• To give tenant written notice of the owner’s or manager’s name, address and telephone number. [Mun.Code ch.5-12-090]
1. To give new or renewing tenants notice of:
2. Code citations issued by the City in the past 12 months;
3. Pending Housing Court or administrative hearing actions;
• Water, electrical or gas service shut-offs to the building during the entire occupancy. [Mun. Code ch.5-12- 100]
• To maintain the property in compliance with all applicable provisions of the Municipal Code. [Mun. Code ch.5-12-070]
• To provide tenants with at least 30 days written notice if the rental agreement will not be renewed. If the landlord fails to give the
required written notice, the tenant may remain in the dwelling unit for 60 days under the same terms and conditions as the last month
of the existing agreement. (eff. 1/1/92) [Mun. Code ch. 5-12-130(j)]
• To not enforce prohibited lease provisions. [Mun. Code ch. 5-12-140]
TENANT REMEDIES [Mun. Code ch. 5-12-110]
Minor Defects
• If the landlord fails to maintain the property in compliance with the Code and the tenant or the tenant’s family or guests are not
responsible for the failure, the tenant may:
1. Request in writing that the landlord make repairs within 14 days, and if the landlord fails to do so the tenant may withhold an
amount of rent that reasonably reflects the reduced value of the unit. Rent withholding begins from the fifteenth day until repairs
are made; OR
2. Request in writing that the landlord make repairs within 14 days and if the landlord fails to do so the tenant may have the repairs
made and deduct up to $500 or ½ of the month’s rent, whichever is more, but not to exceed one month’s rent. Repairs must be
done in compliance with Code. Receipt for repairs must be given to the landlord and no more than the cost of the repairs can be
deducted from the rent; and also
3. File suit against the landlord for injunctive relief.
Major Defects
• If the landlord fails to maintain the property in compliance with the Code, and the failure renders the premises not reasonably fit and
habitable, the tenant may request in writing that the landlord make repairs within 14 days. If after 14 days repairs are not made, the
tenant may immediately terminate the lease. Tenant must deliver possession and move out in 30 days or tenant’s notice is considered
withdrawn. (eff. 1-1-92)

FAILURE TO PROVIDE ESSENTIAL SERVICES (heat, running or hot water, electricity, gas or plumbing) [Mun. Code ch. 5-12-
110(F)]
• If, contrary to the lease, an essential service is not provided, or if the landlord fails to maintain the building in material compliance
with the Code to such an extent that such failure constitutes an immediate danger to the health and safety of the tenant, and the tenant
or tenant’s family or guests are not responsible for such failure, after giving written notice, the tenant may do ONE of the following:
1. Procure substitute services, and upon presenting paid receipts to the landlord, deduct the cost from rent; OR
2. File suit against the landlord and recover damages based on the reduced value of the dwelling unit; OR
3. Procure substitute housing and be excused from paying rent for that period. The tenant also may recover from the landlord the
cost of substitute housing up to an amount equal to the monthly rent or portion thereof; OR
4. Request that the landlord correct the failure within 24 hours and if the landlord fails to do so, withhold from the monthly rent an
amount that reasonably reflects the reduced value of the premises. Rent withholding cannot start until after the 24 hours expires
ands applies only to days past the 24-hour waiting period; OR (eff. 1/1/92)
5. Request that the landlord correct the failure within 72 hours and if the landlord fails to do so, terminate the rental agreement. If
the rental agreement is terminated, the tenant must deliver possession within 30 days or the notice of termination is considered
withdrawn. (eff. 1/1/92)

NOTE: Remedies 4) and 5) may not be used if the failure is due to the utility provider’s failure to provide
Service. For the purposes of this section only, the notice a tenant provides must be in writing, delivered to the address the landlord has given to
tenant as an address to which notices should be sent. If the landlord does not inform the tenant of an address, the tenant may deliver written notice
to the last known address of the landlord or by other reasonable means designed in good faith to provide written notice to the landlord. (eff.
1/1/92)

FIRE OR CASUALTY DAMAGE [Mun. Code ch. 5-12-110(g)]


• If fire damages the unit to an extent that it is in material noncompliance with the Code and the tenant, tenant’s family or guests are not
responsible for fire or accident, the tenant may:
1. Move out immediately, but if this is done, the tenant must provide written notice to the landlord of the intention to
terminate within 14 days after moving out.
2. The tenant may stay in the unit, if it is legal, but if the tenant stays and cannot use of a portion of the unit because of
damage, the rent may be reduced to reflect the reduced value of the unit.
3. If the tenant stays, and the landlord fails to diligently carry out the work, the tenant may notify the landlord, in writing,
within 14 days after the tenant becomes aware that the work is not diligently carried out, of the tenant’s intention to
terminate the rental agreement and move out.

SUBLEASES [Mun. Code ch. 5-12-120]


• The landlord must accept a reasonable subtenant offered by the tenant without charging additional fees.
• If a tenant moves prior to the end of the rental agreement, the landlord must make a good faith effort to find a new tenant at a fair rent.
• If the landlord is unsuccessful in re-renting the unit, the tenant remains liable for the rent under the rental agreement, as well as the
landlord’s cost of advertising.

WHAT HAPPENS IF A TENANT PAYS RENT LATE? [Mun. Code ch. 5-12-140 (h)]
• If the tenant fails to pay rent on time, the landlord may charge a $10.00 per month late fee on rents under $500.00 and a 5% per month
late fee on that part of the rent exceeds $500.00 (i.e., for a $450.00 monthly rent the late fee is $10.00, for a $900.00 monthly rent the
late fee is $10.00 plus 5% of $400.00 for a total of $30.00)(eff.1/1/92)[Mun. Code ch. 5-12-140(h)]

WHAT HAPPENS IF A TENANT PAYS RENT DUE AFTER THE EXPIRATION OF THE TIME PERIOD SET FORTH IN A
TERNMIANTION NOTICE? [Mun. Code ch. 5-12-120 (h)]
• If the landlord accepts rent due knowing that there is a default in payment, the tenant may stay.
LANDLORD REMEDIES [Mun. Code ch. 5-12-130]
• If the tenant fails to pay rent the landlord, after giving 5 days written notice to the tenant, may terminate the rental agreement.
• If the tenant fails to comply with the Code or the rental agreement, the landlord, after giving 10 days written notice to the tenant, may
terminate the rental agreement if tenant fails to correct the violation.
• If the tenant fails to comply with the Code or the rental agreement, the landlord may request in writing that the tenant comply as
promptly as conditions permit in the case of an emergency, or within 14 days. If the breach is not corrected in the time period
specified, the landlord may enter the dwelling unit and have the necessary work done. In this case, the tenant shall be responsible for
all costs of repairs.

LOCKOUTS [Mun. Code ch. 5-12-160]


• It is ILLEGAL for a landlord to lock out a tenant, or change the locks, or remove the doors of a rental unit, or to cut off heat, utility or
water service, or to do anything which interferes with the tenant’s use of the apartment.
• All lockouts are illegal and the Police Department is responsible for enforcement against such illegal activity. (eff. 1/1/92) (Police
Special Order 93-12)
• The landlord shall be fined $200 to $500 for each day the lockout occurs or continues.
• The tenant may sue the landlord to recover possession of the unit and twice the actual damages sustained or two months’ rent,
whichever is greater.

PROHIBITION ON RETALIATORY CONDUCT BY LANDLORD [Mun. Code ch. 5-12-150]


• A tenant has the right to complain or testify in good faith about their tenancy to governmental agencies or officials, police, media,
community groups, tenant unions or the landlord. A landlord is prohibited from retaliating by terminating or threatening to terminate a
tenancy, increasing rent, decreasing services, bringing or threatening to bring an eviction action, or refusing to renew a lease
agreement.

ATTORNEY’S FEES [Mun. Code ch. 5-12-180]


• Except in eviction actions, the prevailing plaintiff in any action arising from the application of this Ordinance shall be entitled to
recover all court costs and reasonable attorney’s fees. (eff. 1/1/92)

WHERE CAN I GET A COPY OF THE ORDINANCE?


For a copy of the Ordinance, visit the Office of the City Clerk, Room 107, City Hall, 121 North LaSalle Street, Chicago, Illinois, or the Municipal
Reference Library, Harold Washington Library, 5th floor, 400 S. State Street, Chicago, Illinois.

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