Where Do I Start With A Landlord Tenant Issue?

In these challenging financial times, many people choose to rent instead of own their residence. For many reasons, this can be a smart financial decision. If you have an issue with a rental situation as a landlord or renter, your remedies depend on where the unit is located, and what type of unit you have. For instance, many of those rentals will be in condominium buildings from owners who are renting out their unit because they wish to move but cannot sell. What many renters of condominium units may not be aware of is that condominium units in Illinois are governed by a different set of laws than apartments and single family homes. Maybe you are in a smaller building renting from an on-site owner. This presents a different situation too.

As a renter or lessor of an apartment or home in the City of Chicago, your first resource is the Chicago Residential Landlord Tenant Ordinance (Chicago Municipal Code Title 5 Chapter 12), known informally as the CRLTO or RLTO. This ordinance applies to any residential rental building except, those that have fewer than six units and which are occupied by the owner. Note that both of those requirements must be met for the building not to be covered by the ordinance. For example, if the building is a three-flat but the owner doesn't live there, it will still be covered by the ordinance. The CRLTO is known for being very tenant friendly, so chances are if you are a tenant having a problem with your landlord your issue will be easily handled by the Ordinance. If you are a landlord, take great care to make sure your lease drafting and security deposit are handled in compliance with the RLTO or you may be subject to fines. The fines here for landlords are steep, so having an attorney review any new lease documents and help you handle the security deposit, is a worthwhile investment in most cases.

What if you are in a building that is not covered by the RLTO? An example of a building in the City of Chicago that will not be covered is a two-unit townhouse where the owner lives in one half, and rents the other half out to you. Of course, if you are renting outside the City obviously it will not be covered. In these situations, Illinois State law controls. The Illinois state Landlord and Tenant Act is found at 765 ILCS 705. Also keep in mind that there may be municipal statutes in your city or township that also determine your rights and remedies. And lastly, how about condominiums? In addition to the applicable municipal or state statute, Condominium dwellers need to be aware of the Illinois Condominium Property Act, which is found in the state statutes at 765 ILCS 605.

Confused yet? There's no need to be. Start by applying any municipal or city code in your area. Where there is no municipal code, defer to the Illinois Landlord and Tenant Act. And if you are renting a condominium or leasing one out, the Condominium Property Act will apply across the board. A link to all the statutes is online at: www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=62. There are also great self-help resources at: www.illinoislegalaid.org. This link is especially helpful in sorting out which laws apply to your situation.

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Who the heck am I? I am a 2006 graduate of The John Marshall Law School in Chicago, Illinois, and have been licensed to practice since 2006. My goal in solo practice is to focus on issues relating to the home and property ownership. I am passionate about helping people stay in the homes they own, and sorting out the legal issues that can arise when they are renting.