Following Chicago’s Residential Landlord and Tenant ordinance avoids delays, extra costs
By: Gardi, Haught, Fischer and Bhosale Ltd
Landlords in Chicago should heed the city’s Residential Landlord and Tenant ordinance to provide proper notice to a tenant if the landlord aims to evict or not renew their lease. Without providing proper notice, landlords could lose more time and money down the road.
The ordinance ensures that landlords provide proper notification to the tenant to help streamline the process and to protect the rights of the landlord and tenant. Improper notice could allow tenants to stay longer, which would delay the landlord’s plan to potentially raise the rent, sign on a new renter, or make other plans for the unit. Also, improper notice could cause an eviction complaint to be dismissed in court, compelling landlords to redo the notification process and to pay more in legal fees. Depending on why the tenancy is being terminated, there are different notice requirements.
When a landlord decides to not renew a lease or to terminate a month-to-month tenancy, Section 5-12-130 Landlord Remedies, para (j)(1-3) applies. Pursuant to Section 5-12-130 Landlord Remedies, para (j)(1-3), when a landlord decides to not renew a lease or to terminate a month-to-month tenancy, if the tenant has resided in the rental unit for less than six months, the landlord must provide a 30-days’ notice to leave the unit. If the tenant has been in the unit more than six months but less than three years, then landlords must provide a 60-days’ notice. More than three years, it is a 120-days’ notice. Such notices must be in writing to the tenant.
If the landlord fails to give the required written notice, the tenant may remain in the dwelling for up to 60 days or as many as 120 days, depending on the length of their rental agreement. During such occupancy, the terms and conditions of the tenancy shall be the same as during the month of tenancy immediately preceding the notice. That means, if rent was waived or abated in the preceding month or months as part of the original rental agreement, the rental amount during such a 60- to 120-day period shall be at the rate established on the last date that a full rent payment was made, according to the Chicago ordinance.
Chicago has an estimated 600,000 rental units, according to the report, “Data for 2021 IHS State of Rental Housing in City of Chicago Report” by the Institute for Housing Studies at De Paul University. Each of those rental units in Chicago must adhere to the city’s ordinance. In comparison, Chicago’s ordinance does not apply to rental units elsewhere in Cook County or in the surrounding suburbs, which have their own local laws or ordinances.
If you are a landlord and have questions or concerns about how the Chicago ordinance applies to your rentals, please contact the attorneys of Gardi, Haught, Fischer and Bhosale Ltd. for guidance or representation by clicking on the free case evaluation button below.