A Review of Landlord and Tenant Laws in Chicago

by | Sep 1, 2017 | Real Estate Attorneys

In Illinois, state laws and statutes apply to rental properties and how they are managed. The laws ensure that all landlords comply and present all prospective tenants with an equal opportunity. They also define how the owner can evict a tenant and legal actions that are accessible to the tenants. A local attorney enforces landlord and tenant laws in Chicago through appropriate legal actions.

Laws Related to Approving a Lease

The landlord is within their rights to deny access to a rental property. However, those reasons cannot reflect discrimination. Their reasoning cannot relate to race, religion, gender, or sexual orientation. They can deny access to the property based on risks. The landlord has the right to conduct a criminal background check and assess the prospective tenant’s credit. The results of these assessments could determine if the applicant is a risk based on a violent criminal history or a failure to pay other creditors on time.

Reacquiring a Security Deposit

Under these laws, the landlord cannot refuse to return the security deposit unless the tenant violated specific terms of the lease. Typically, the tenant cannot receive a refund of their security deposit if they damage the property. If the landlord doesn’t have a legitimate reason for the denial, the tenant is within their rights to file a claim in small claims court. However, the value of the security deposit cannot exceed $10,000.

Reviewing Reasons for Evictions

The most common reasons for an eviction include violations of the terms of the lease or a failure to pay the rent. The landlord cannot evict the tenant without following proper protocol. They must provide up to five days for late rental payments and a ten-day notice if the tenant violated the terms of the lease.

In Illinois, state laws and statutes protect both tenants and landlords. The laws lower the potential for fraud and a failure to protect the rights of all parties. The landlords must provide a viable place to live that meets building codes. Tenants must fulfill their obligations defined in the lease. Tenants or landlords who need to review landlord and tenant laws in Chicago can contact Starr, Bejgiert, Zink & Rowells today.

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