A new law was passed in Cook County in January, 2021. It gives renters new rights. It is called the Cook County Residential Tenant Landlord Ordinance (CCRTLO).
Note: The CCRTLO does not apply in Chicago, Evanston, or Mount Prospect.
Does the CCRTLO apply to me?
If you live in suburban Cook County, it probably does apply.
However, there are some exceptions. The CCRTLO does not apply to buildings with 6 units or less that are owner-occupied.
There are other small exceptions. If your building is not covered, your landlord is supposed to tell you.
Basic rules for leases
A lease must have all of the tenants' names.
If there is no agreement otherwise, the lease is month-to-month. Rent is due on the 1st day of the month. If the tenant pays weekly, the lease is week-to-week. Rent is due on Mondays.
Things a lease cannot include
A lease cannot say that the tenant agrees:
To give up their rights under the CCRTLO, state law, or federal law,
To a court judgment without notice or trial,
To not talk badly about the landlord, or
To pay the landlord's attorneys fees if there is a lawsuit.
If a landlord purposely uses a lease with one of these, the tenant can sue for 2 months rent.
Ability to end the lease early
It is OK for the tenant and landlord to agree to have the ability to end the lease early. But there must be a separate document explaining this.
Notices
Landlords must give tenants certain notices. These are explained below.
Ownership
The landlord must give the tenant the name, address, and phone number of:
The owner,
The building manager, or
The owner's agent.
This must happen on or before the day the lease starts.
If the information changes, the landlord must tell the tenant.
If the landlord does not, the tenant can end the lease. They must first give 2 business days' notice, and let the landlord fix the mistake. The end date must be within 30 days of the notice.
Also, the tenant can sue the landlord for $200 and legal fees.
Past issues
Before the tenant signs a lease, the landlord must give them written notice of past issues with the building. This includes:
Code violations from the past year,
Current code violations, and
Utility shut-offs coming soon from a city or utility company.
If the landlord does not give this information before the tenant signs the lease, the tenant can end the lease. It must be within 30 days of signing. The tenant can also sue the landlord for 1 month's rent and legal fees.
Foreclosures
If a landlord's building goes into foreclosure, they have to tell the tenants. This must be within 7 days of getting the Complaint for foreclosure.
A landlord in a pending foreclosure case also has to tell potential tenants about the case.
If the landlord does not, the tenant can end the lease. The tenant must give written notice. The end of the lease must be listed in the notice. It must be 30 days or less from the date of the notice.
The tenant can also sue the landlord for $200 and legal fees.
Lead hazards
The landlord must tell tenants about known lead hazards. They must also give them a copy of the EPA's pamphlet on lead.
If they don't, the tenant can give written notice, then sue for 1 month's rent and legal fees.
CCRTLO
The landlord must give the tenant a copy of the Cook County Residential Landlord Tenant Ordinance.
If the landlord does not, the tenant can end the lease. They must first give 2 business days' notice, and let the landlord fix the mistake. The end date must be within 30 days of the notice.
The tenant can also sue the landlord for $200 and legal fees.
Move-in fees
If a landlord charges a move-in fee, they have to give a list of costs that explain the amount. This cannot include routine maintenance or upkeep.
Security deposits
A security deposit can not be more than 1.5 times the monthly rent.
If the security deposit is more than 1 month's rent, the tenant doesn't have to pay the extra amount right away. They can pay it in installments within 6 months of moving in.
The landlord must give the security deposit back within 30 days after the tenant moves out. The landlord can take out any unpaid rent, and money spent repairing damages. The landlord must give the tenant a list of these items and receipts.
If the landlord does not do these things, the tenant can sue the landlord for 2 times the security deposit and legal fees.
Moving in
The landlord has to let the tenant in on move-in day. If they don't, the tenant doesn't have to pay rent. Also, the tenant can end the lease with written notice. The landlord then has to return any security deposit within 48 hours.
The tenant can instead decide to demand entry. If they do, they can sue the landlord for twice the amount of money they have to spend while they wait to be let in. They can also get the landlord to pay for their attorneys.
Late fees
Late fees are allowed. But there is a limit.
Late fees cannot be more than $10 per month if rent is $1,000 or below. If rent is above $1,000, the fee can include 5% of the amount over $1,000.
Utilities
Tenants have the right to know how much utilities cost. Landlords must tell tenants who has to pay for the utilities.
If the tenant pays, the landlord has to tell the tenant the normal yearly cost.
Conditions
The landlord has to maintain the property. This includes following local and county building codes. This also includes:
Strong floors and walls,
Safe exits,
Smoke alarms and fire extinguishers,
Working elevators,
Working toilets, sinks, baths, and showers,
Working heating units,
Cold and hot water,
Electrical, including hall and stairway lighting,
Windows with locks,
Screens,
Preventing bed bugs,
Preventing standing water, and
Preventing build up of trash.
Heat
There must be enough heat between September 1 and June 1. The temperature must be at least 68 degrees during the day (8:30am - 10pm). It must be at least 66 degrees at night.
What the tenant can do about lack of essential utilities
The tenant has options if the landlord fails to provide:
Heat,
Running water,
Hot water,
Electricity,
Gas,
Plumbing, or
Internet (if the lease requires it).
The options are listed below.
Withhold rent
The tenant can withhold some of their rent. They must give the landlord 24 hours notice.
The amount of rent withheld must reflect the decreased value of the property.
Note: This can be very hard to prove. And it is risky to withhold rent. Try to talk to a lawyer before you do this.
Replace and deduct
The tenant can pay for the missing service, and deduct the amount from their rent
Stay and sue the landlord
The tenant can sue the landlord in court for the reduced value of their unit. They can also get the landlord to pay for their lawyer.
Find other housing and sue the landlord
The tenant can move to a different unit. If they do, they don't have to pay rent while they're there.
Then, they can sue the landlord for the cost of the new unit. It can't be above their old rent.
What the tenant can do about minor repairs
If the landlord does not make repairs, the tenant can pay to have the repairs done. Then they can take the money out of their next rent payment.
"Minor" means less than $500, or half of one month's rent, whichever is greater.
The tenant must give the landlord a 14-day notice. They must also tell the other tenants beforehand.
What the tenant can do about other issues
If the landlord breaks one of the other rules, the tenant's options are different. They are listed below.
Withhold rent
The tenant can withhold rent. They must first give the landlord a written notice. It must be 14 days before rent is due. The amount of rent withheld must reflect the decreased value of the property.
Note: This can be very hard to prove. And it is risky to withhold rent. Try to talk to a lawyer before you do this.
End the lease
The tenant can end the lease. They must give written notice first. It must be 14 days before they move out. The landlord must then return any security deposit.
File a lawsuit
The tenant can sue the landlord in court.
Landlord's access to the unit
There are rules about when and how a landlord can enter the unit.
The landlord must enter:
With the tenant's permission,
Between 8am and 8pm,
After giving 2 days' written notice.
The tenant cannot unreasonably deny permission if the landlord is entering to:
Inspect the unit,
Make repairs,
Provide services,
Show the unit to buyers or workers, or
Show the unit to new tenants (must be 60 days or less before the end of the lease).
The only exception to these rules is if there is an emergency. Even if there is an emergency, the landlord must give notice within 2 days after the entry.
The landlord cannot harass the tenant with entry. If they do, the tenant can sue the landlord for 1 month's rent and legal fees.
Speaking out about the building
The tenant has a right to speak out about the building, including:
Making a code violation complaint to the government,
Speaking to the community or media about the building,
Getting help with their rights from a lawyer,
Asking for repairs,
Organizing with other tenants, and
Testifying in court.
The landlord cannot punish the tenant for doing these things. For example, they cannot:
Increase rent,
Decrease services,
Evict or threaten to evict, or
Refuse to renew a lease.
If the landlord does, they can sue the landlord for 2 months' rent and legal fees.
If the landlord tries to evict the tenant, the tenant can use the fact that they spoke out as a defense to an eviction case. The landlord must then prove that they were not punishing the tenant. If the tenant wins the case, they can get 2 months' rent and legal fees.
The tenant can also end the lease. They must give written notice and then move out within 1 month. The landlord must then give the security deposit back within 3 days.
Lease renewals
A landlord cannot require a tenant to renew more than 60 days before the lease ends. If they do, the tenant can sue the landlord for 1 month's rent.
If the landlord does not want to renew a lease, the must tell the tenant at least 60 days before the lease ends. If the notice is given after this time, the tenant gets an extra 120 days after they get the notice.
Lockouts
The CCRTLO also gives tenants rights against lockouts. These rights went into effect in January 2021.