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1 | AN ACT concerning residential tenancies.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS | |||||||||||||||||||
5 | Section 1-1. Short title. This Act may be cited as the | |||||||||||||||||||
6 | Residential Landlord-Tenant Act. | |||||||||||||||||||
7 | Section 1-5. Application. This Act applies to, regulates, | |||||||||||||||||||
8 | and determines rights, obligations, and remedies under a | |||||||||||||||||||
9 | residential lease, wherever made, for a dwelling place located | |||||||||||||||||||
10 | within this State. | |||||||||||||||||||
11 | Section 1-10. Exclusions. Unless created to avoid the | |||||||||||||||||||
12 | application of this Act, the following arrangements are not | |||||||||||||||||||
13 | governed by this Act: | |||||||||||||||||||
14 | (1) occupancy in an emergency and transitional shelter that | |||||||||||||||||||
15 | provides no more than 120 days of housing without rent being | |||||||||||||||||||
16 | paid; | |||||||||||||||||||
17 | (2) occupancy of less than 30 consecutive days in a hotel | |||||||||||||||||||
18 | subject to the Hotel Operators' Occupation Tax Act; | |||||||||||||||||||
19 | (3) residence at an institution if that residence is | |||||||||||||||||||
20 | incidental to the provision of medical, geriatric, | |||||||||||||||||||
21 | educational, counseling, religious, or similar services; | |||||||||||||||||||
22 | (4) occupancy under a contract for sale of a dwelling unit | |||||||||||||||||||
23 | or the property of which it is a part, if the occupant is the | |||||||||||||||||||
24 | purchaser or the person who succeeds to the purchaser's | |||||||||||||||||||
25 | interest; | |||||||||||||||||||
26 | (5) occupancy by an owner of a condominium unit or a holder | |||||||||||||||||||
27 | of a proprietary lease in a cooperative; and | |||||||||||||||||||
28 | (6) residential relationships governed by the Mobile Home | |||||||||||||||||||
29 | Landlord and Tenant Rights Act. |
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1 | Section 15. Definitions. As used in this Act: | ||||||
2 | "Tenant" means a person entitled by written or oral lease | ||||||
3 | to occupy a dwelling place. | ||||||
4 | "Landlord" means the owner, agent, employee, lessor, | ||||||
5 | sublessor, or the successor in interest of any of them of a | ||||||
6 | dwelling place or the building of which the dwelling place is a | ||||||
7 | part. | ||||||
8 | "Owner" means one or more persons, jointly or severally, in | ||||||
9 | whom is vested all or part of the legal title to property, or | ||||||
10 | all or part of the beneficial ownership and a right to present | ||||||
11 | use and enjoyment of the premises, including a mortgagee in | ||||||
12 | possession. | ||||||
13 | "Dwelling place" means a structure or the part of a | ||||||
14 | structure that is used as a home, residence, or sleeping place | ||||||
15 | by one or more persons who maintain a household, together with | ||||||
16 | the common areas, land, and appurtenant buildings and all | ||||||
17 | housing services, privileges, furnishings, and facilities | ||||||
18 | supplied in connection with its use or occupancy including | ||||||
19 | garage and parking facilities. | ||||||
20 | "Rent" means any consideration, including any payment, | ||||||
21 | bonus, benefit, or gratuity demanded or received by a landlord | ||||||
22 | for or in connection with the use or occupancy of a dwelling | ||||||
23 | unit, but excluding security deposits, late fees, charges | ||||||
24 | associated with damage caused by the tenant, utility payments, | ||||||
25 | and any other irregular or conditional charges. | ||||||
26 | ARTICLE 2. CREATION OF TENANCY | ||||||
27 | Section 2-5. Application fees. The landlord shall not | ||||||
28 | charge any application fee except for the actual cost of | ||||||
29 | running a credit report. If a landlord chooses not to rent to | ||||||
30 | an applicant because of information contained on a credit | ||||||
31 | report, the landlord shall provide the notice required by the | ||||||
32 | federal Fair Credit Reporting Act. | ||||||
33 | Section 2-10. Written lease agreements. |
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1 | (a) Any lease provision in conflict with the provisions of | ||||||
2 | this Act is void. | ||||||
3 | (b) If the landlord and tenant enter into a written lease, | ||||||
4 | the landlord must tender to the tenant a copy of the lease | ||||||
5 | within 10 days of its execution. If the landlord fails to | ||||||
6 | tender the lease to the tenant within the 10-day period, the | ||||||
7 | lease is voidable by the tenant in whole or in part. | ||||||
8 | (c) All written leases must be in the language used by the | ||||||
9 | landlord to negotiate the lease. A written lease that does not | ||||||
10 | comply with this term is unenforceable by the landlord. A | ||||||
11 | landlord who employees a translator shall use a lease written | ||||||
12 | in the language spoken between the translator and the | ||||||
13 | prospective tenant. | ||||||
14 | (d) If the landlord accepts a deposit and holds the deposit | ||||||
15 | for more than 10 days without entering into a lease, the payor | ||||||
16 | of the deposit may at his or her election deem to have entered | ||||||
17 | into a lease with the landlord for the rent amount and the | ||||||
18 | rental period negotiated prior to acceptance of a security | ||||||
19 | deposit. All other terms of the lease are limited to the terms | ||||||
20 | of this Act. In the alternative, the tenant may elect not to | ||||||
21 | rent from the landlord and may collect damages for the | ||||||
22 | landlord's failure to return the deposit in the amount of 3 | ||||||
23 | times the deposit plus attorney's fees and costs. | ||||||
24 | (e) A written lease may not include a provision in which | ||||||
25 | the tenant confesses judgment or waives the right to trial by | ||||||
26 | jury. | ||||||
27 | (f) The following summary of this Act shall be attached to | ||||||
28 | all written leases and tendered to the tenant at the time of | ||||||
29 | execution of any oral lease: | ||||||
30 | "SUMMARY OF ILLINOIS' | ||||||
31 | RESIDENTIAL LANDLORD-TENANT ACT | ||||||
32 | As a residential tenant, State laws control many of your | ||||||
33 | rights and responsibilities. This is a summary of one of the | ||||||
34 | most comprehensive laws that speaks to many common problems |
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1 | faced by tenants and their landlords. More details are in the | ||||||
2 | Act itself. | ||||||
3 | Application Fees: Landlords may not charge tenants | ||||||
4 | application fees, but may charge tenants for the actual cost of | ||||||
5 | a credit check. | ||||||
6 | Written Leases: You do not need to have a written lease. If | ||||||
7 | you do, it must be in the language your landlord used to | ||||||
8 | negotiate the lease, and your landlord must give you a copy | ||||||
9 | within 10 days of when you signed it. | ||||||
10 | Landlord Identification: When you agree to lease an | ||||||
11 | apartment, your landlord must tell you the name, street | ||||||
12 | address, and phone number of the people: | ||||||
13 | -responsible for making repairs; | ||||||
14 | -collecting rent; and | ||||||
15 | -receiving court papers in a lawsuit. | ||||||
16 | Security Deposit Amount: Your security deposit cannot be | ||||||
17 | larger than one month's rent payment. Every year your landlord | ||||||
18 | must pay you interest on that deposit. | ||||||
19 | Inventory Checklists: Both when you move in and when you | ||||||
20 | move out, you and your landlord must create an inventory | ||||||
21 | checklist detailing the condition of the apartment. | ||||||
22 | Tenant Responsibilities: As a tenant you must: | ||||||
23 | -comply with building, housing or fire codes affecting | ||||||
24 | health and safety; | ||||||
25 | -keep the apartment reasonably clean; | ||||||
26 | -appropriately dispose of garbage; | ||||||
27 | -use all appliances appropriately; and | ||||||
28 | -respect your neighbors' right to live undisturbed in | ||||||
29 | their own dwellings. | ||||||
30 |
Damage You Cause: If you damage your apartment, your | ||||||
31 | landlord will: | ||||||
32 | (1) give you written notice asking you to discuss the cause | ||||||
33 | of the damage and how to make the repair; and | ||||||
34 | (2) if you cannot work out a way to repair the damage with | ||||||
35 | your landlord, the landlord will repair it and give you 30 days | ||||||
36 | to pay back the cost of repair. |
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1 | Landlord Responsibilities: Your landlord must: | ||||||
2 | -comply with building and housing codes affecting | ||||||
3 | health and safety; | ||||||
4 | -make repairs in a timely manner; | ||||||
5 | -keep the common areas in a clean and safe condition; | ||||||
6 | -supply running water and reasonable amounts of hot | ||||||
7 | water; | ||||||
8 | -supply heat at 68 degrees Fahrenheit from September | ||||||
9 | 15th to June 1st; and | ||||||
10 | -provide you with written receipts. | ||||||
11 | Conditions Problems: If your landlord fails to keep the | ||||||
12 | apartment in the required condition, you may give the landlord | ||||||
13 | 10 days written notice of the problem. If the landlord does not | ||||||
14 | substantially fix the problem in those 10 days: | ||||||
15 | (1) you may get an estimate of the cost to repair the | ||||||
16 | defect in the unit; | ||||||
17 | (2) if the estimate for the repair is less than one month's | ||||||
18 | rent, you may pay for the repair yourself, and take the amount | ||||||
19 | you spent out of your rent payment; or | ||||||
20 | (3) if the estimate is for more than one month's rent, you | ||||||
21 | may withhold 50% of your rent until the problem is | ||||||
22 | substantially repaired. | ||||||
23 | Essential Services: If the landlord is responsible for you | ||||||
24 | not having sufficient heat, running water, hot water, electric, | ||||||
25 | gas, or other basic shelter service, you may tell the landlord | ||||||
26 | of the problem. The next day, if the problem is not fixed, you | ||||||
27 | may: | ||||||
28 | (1) withhold all your rent; and | ||||||
29 | (2) get the essential service on your own and bill the | ||||||
30 | landlord for the cost. | ||||||
31 | If the problem is not fixed in 72 hours, you may tell the | ||||||
32 | landlord that you are ending the lease and leave the property | ||||||
33 | at your convenience. | ||||||
34 | Right to Organize: You have a right to organize a tenant | ||||||
35 | organization and to participate in such an organization. Your | ||||||
36 | landlord must also give such an organization access to existing |
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1 | common areas. | ||||||
2 | Landlord's Right of Entry: Your landlord may enter your | ||||||
3 | unit without advance notice to respond to an emergency. | ||||||
4 | Otherwise, your landlord may enter your unit for maintenance, | ||||||
5 | repair, inspection, or showing to a prospective tenant, but | ||||||
6 | only after giving you 48 hours notice. | ||||||
7 | Lockout Prohibited: You may not be locked out of your unit. | ||||||
8 | Only a Sheriff can evict you. If your landlord makes your | ||||||
9 | apartment unlivable to try to get you to leave, that may also | ||||||
10 | be a prohibited lockout. | ||||||
11 | Fees in Addition to Rent: Your landlord may charge you for | ||||||
12 | fees in addition to rent only if: | ||||||
13 | (1) the fee was disclosed to you in a lease, and separately | ||||||
14 | initialed by you; | ||||||
15 | (2) the fee is not for maintenance; and | ||||||
16 | (3) the fee is not in excess of the actual cost paid by the | ||||||
17 | landlord. | ||||||
18 | Rent increase: Your landlord cannot raise your rent until | ||||||
19 | the end of your lease. In order to do so, your landlord must | ||||||
20 | give you written notice of the intent to raise your rent. Your | ||||||
21 | landlord must give you: | ||||||
22 | -30 days notice for an increase of 5% or less; | ||||||
23 | -60 days notice for an increase of more than 5% but not | ||||||
24 | more than 10%; or | ||||||
25 | -90 days for an increase of more than 10%. | ||||||
26 | A landlord cannot raise the rent if the landlord has been | ||||||
27 | cited for 10 or more violations of your locality's building | ||||||
28 | code, until those violations are repaired. | ||||||
29 | Right to Sublease: Your landlord must accept a reasonable | ||||||
30 | sublease. | ||||||
31 | Return of Security Deposit: If your landlord is not seeking | ||||||
32 | to have you pay for damage to the unit, and if you do not owe | ||||||
33 | rent, your landlord must return your security deposit within 10 | ||||||
34 | days of when you tell your landlord you left the apartment. | ||||||
35 | Prohibition on Retaliation: Your landlord may not | ||||||
36 | retaliate if you take certain actions in good faith, including: |
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1 | -reporting code violations; | ||||||
2 | -requesting repairs; or | ||||||
3 | -testifying in court." | ||||||
4 | Section 2-15. Unconscionability. | ||||||
5 | (a) If the court finds: | ||||||
6 | (1) A lease or any provision thereof is unconscionable | ||||||
7 | when made, the court shall refuse to enforce the agreement, | ||||||
8 | enforce the remainder of the agreement without the | ||||||
9 | unconscionable provision, or limit the application of any | ||||||
10 | unconscionable provision to avoid an unconscionable | ||||||
11 | result. | ||||||
12 | (2) A settlement is unconscionable, the court shall | ||||||
13 | refuse to enforce the settlement, enforce the remainder of | ||||||
14 | the settlement without the unconscionable provision, or | ||||||
15 | limit the application of any unconscionable provision to | ||||||
16 | avoid an unconscionable result. | ||||||
17 | (b) If unconscionability is put into issue by a party or by | ||||||
18 | the court upon its own
motion, the parties shall be afforded a | ||||||
19 | reasonable opportunity to present evidence as to
the setting, | ||||||
20 | purpose, and effect of the lease or settlement to aid the court | ||||||
21 | in making the determination. | ||||||
22 | Section 2-20. Agents. | ||||||
23 | (a) At the same time as the creation of either a written or | ||||||
24 | oral lease, a landlord must provide the tenant in writing with | ||||||
25 | the name, street address, and phone number for the individual | ||||||
26 | responsible for making repairs to the unit, for collecting | ||||||
27 | rent, and for receipt of process. It is insufficient to provide | ||||||
28 | a post office box address for receipt of process. | ||||||
29 | (b) If the landlord fails to provide this notice, the | ||||||
30 | tenant may withhold rent until such time as the notice is | ||||||
31 | provided. | ||||||
32 | (c) If the dwelling place is purchased by a new owner, the | ||||||
33 | new owner must serve the notice required by subsection (a) of | ||||||
34 | this Section on the tenant, along with written notice that |
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1 | title to the dwelling place has passed to the new owner. Until | ||||||
2 | the notice is served, the tenant may withhold rent. | ||||||
3 | Section 2-25. Security deposits. | ||||||
4 | (a) A landlord shall neither demand nor receive a security | ||||||
5 | deposit in excess of one month's rent. | ||||||
6 | (b) All security deposits shall be held in a federally | ||||||
7 | insured interest-bearing account in a bank, savings and loan | ||||||
8 | association, or other financial institution located in this | ||||||
9 | State. A security deposit and all interest earned thereon | ||||||
10 | remains the property of the tenant. The security deposit may | ||||||
11 | not be commingled with the assets of the landlord and shall not | ||||||
12 | be subject to the claims of any creditor of the landlord or of | ||||||
13 | the landlord's successor in interest, including a foreclosing | ||||||
14 | mortgagee or trustee in bankruptcy. | ||||||
15 | (c) Within 30 days of the end of each 12 month rental | ||||||
16 | period, the landlord shall directly pay interest to the tenant | ||||||
17 | computed from the date of the deposit, or the last date for | ||||||
18 | which interest was paid, at a rate equal to the interest paid | ||||||
19 | by the largest commercial bank, as measured by total assets, | ||||||
20 | having its main banking premises in this State on minimum | ||||||
21 | deposit passbook savings accounts as of December 31 of the | ||||||
22 | calendar year immediately preceding the end of the 12 month | ||||||
23 | period. | ||||||
24 | (d) If the landlord violates this Section, the tenant may | ||||||
25 | file suit and shall be entitled to damages in the amount of 2 | ||||||
26 | times the security deposit, plus interest, reasonable | ||||||
27 | attorneys' fees, and costs.
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28 | Section 2-30. Inventory checklists. | ||||||
29 | (a) Prior to or during the tenancy, the landlord shall | ||||||
30 | create an inventory checklist with the tenant detailing the | ||||||
31 | condition of the dwelling place. Concurrently, the landlord | ||||||
32 | shall supply a copy of any checklists completed with the | ||||||
33 | previous tenant to the new tenant. The checklist shall detail | ||||||
34 | the condition of all items in the unit owned by the landlord, |
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1 | including, but not limited to, carpeting, draperies, | ||||||
2 | appliances, windows, furniture, walls, closets, shelves, | ||||||
3 | paint, doors, plumbing fixtures, and electrical fixtures. The | ||||||
4 | checklist shall be signed by the landlord and the tenant. | ||||||
5 | (b) Any damage to the dwelling place existing prior to | ||||||
6 | creation of the inventory checklist shall be presumed to have | ||||||
7 | existed prior to occupancy by the current tenant, absent clear | ||||||
8 | and convincing evidence to the contrary. | ||||||
9 | (c) The landlord must provide the tenant with a copy of the | ||||||
10 | tenant's checklist within 10 days of completing the checklist. | ||||||
11 | ARTICLE 3. TENANCY | ||||||
12 | Section 3-5. Tenant responsibilities. A tenant: | ||||||
13 | (1) shall comply with all obligations primarily imposed | ||||||
14 | upon tenants by applicable provisions of any building, housing | ||||||
15 | or fire code materially affecting health and safety; | ||||||
16 | (2) shall keep the part of the premises that the tenant | ||||||
17 | occupies and uses reasonably clean, within the limits imposed | ||||||
18 | by the condition of the premises; | ||||||
19 | (3) shall dispose of ashes, rubbish, garbage, and other | ||||||
20 | waste from the dwelling unit in a clean and safe manner; | ||||||
21 | (4) shall keep all plumbing in the dwelling unit or used by | ||||||
22 | the tenant reasonably clean, within the limits imposed by the | ||||||
23 | condition of the fixtures; | ||||||
24 | (5) shall use in a reasonable manner all electrical, | ||||||
25 | plumbing, sanitary, heating, ventilating, air-conditioning, | ||||||
26 | kitchen, and other facilities and appliances including | ||||||
27 | elevators in the premises; | ||||||
28 | (6) shall not deliberately or wantonly destroy, deface, | ||||||
29 | damage, impair, or remove a part of the premises or knowingly | ||||||
30 | permit any person to do so; | ||||||
31 | (7) shall not unreasonably disturb or permit others on the | ||||||
32 | premises with the tenant's consent to unreasonably disturb a | ||||||
33 | neighbor's peaceful enjoyment of the premises; and | ||||||
34 | (8) shall not change the locks on the doors, except in case |
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1 | of emergency. In case of emergency, the tenant may change the | ||||||
2 | locks and, within 72 hours, shall give the landlord notice that | ||||||
3 | the locks have been changed and provide the landlord with keys | ||||||
4 | to all changed locks. If the emergency is caused by the | ||||||
5 | landlord's access to the unit, and if the tenant is terminating | ||||||
6 | the tenancy pursuant to Section 3-25, then the tenant may | ||||||
7 | refuse to turn over the new keys until after tenant has vacated | ||||||
8 | the unit. | ||||||
9 | A violation of this Section shall be remedied in accordance | ||||||
10 | with Section 3-15 or by an action to evict the tenant. | ||||||
11 | Section 3-10. Tenants' right to organize. | ||||||
12 | (a) Tenants shall have the right to organize and operate | ||||||
13 | independent tenant organizations for the purpose of addressing | ||||||
14 | issues related to their living environment, including but not | ||||||
15 | limited to the terms and conditions of their tenancy. | ||||||
16 | (b) In a building or development with 6 or more dwelling | ||||||
17 | places, a landlord may not interfere with a tenant's access to | ||||||
18 | existing common areas for meetings or interfere with reasonable | ||||||
19 | means of tenant communication between tenants or organizations | ||||||
20 | working with those tenants, including posting notices, | ||||||
21 | leafleting, and canvasing. | ||||||
22 | (c) A landlord may not interfere with outside organizers or | ||||||
23 | community organizations working with tenants exercising their | ||||||
24 | right to organize. | ||||||
25 | (d) A landlord may not attend tenant organization meetings, | ||||||
26 | except at the request of the tenant organization. | ||||||
27 | (e) If the landlord violates this Section, an injured | ||||||
28 | individual or organization may file a lawsuit and shall be | ||||||
29 | entitled to injunctive relief, actual monetary damages, a | ||||||
30 | penalty in the amount of twice the average monthly rent paid by | ||||||
31 | tenants in the building where the organizational activities | ||||||
32 | were intended to occur, and reasonable attorney's fees and | ||||||
33 | court costs. | ||||||
34 | (f) Protected activities include, but are not limited to, | ||||||
35 | the following: |
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1 | (1) distributing leaflets in lobby areas; | ||||||
2 | (2) placing leaflets at or under tenants' doors; | ||||||
3 | (3) distributing leaflets in common areas; | ||||||
4 | (4) conducting door to door surveys of tenants to | ||||||
5 | ascertain interest in establishing a tenant organization | ||||||
6 | and to offer information about tenant organizations or | ||||||
7 | tenant rights; | ||||||
8 | (5) initiating reasonable contact with tenants; | ||||||
9 | (6) posting information within the building; | ||||||
10 | (7) assisting tenants in tenant organization | ||||||
11 | activities; and | ||||||
12 | (8) convening regularly scheduled tenant organization | ||||||
13 | meetings in a space on site and accessible to tenants and | ||||||
14 | in a manner that is fully independent of management | ||||||
15 | representatives. In order to preserve the independence of | ||||||
16 | tenant organizations, management representatives may not | ||||||
17 | attend the meetings unless invited by the tenant | ||||||
18 | organization to discuss a specific issue. | ||||||
19 | Section 3-15. Damage caused by the tenant. | ||||||
20 | (a) If a tenant damages the tenant's rental unit beyond the | ||||||
21 | normal wear and tear of the unit, the landlord shall: | ||||||
22 | (1) Within 10 days of learning of the damage, give the | ||||||
23 | tenant written notice of the alleged damage, advising the | ||||||
24 | tenant of the tenant's right to discuss the cause of the damage | ||||||
25 | and the remedy for the damage with the landlord. | ||||||
26 | (2) If no arrangement is reached between the landlord and | ||||||
27 | tenant within 10 days of receipt of the written notice, give | ||||||
28 | the tenant written notice of the landlord's demand for | ||||||
29 | repayment for the cost of repair of the unit. The demand for | ||||||
30 | repayment shall include copies of all receipts for repair work | ||||||
31 | to the premises. The landlord shall allow the tenant 30 days | ||||||
32 | from the date of the receipt of the landlord's demand to pay | ||||||
33 | for the repairs. | ||||||
34 | (b) If the tenant pays the landlord the amount demanded, | ||||||
35 | the landlord may not terminate the tenancy for the damage |
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1 | caused. | ||||||
2 | (c) If the tenant fails to pay the amount demanded, the | ||||||
3 | landlord may serve the tenant with a notice of termination of | ||||||
4 | tenancy in accordance with Section 6-5 and Article IX of the | ||||||
5 | Code of Civil Procedure. | ||||||
6 | (d) If after serving notice of termination the landlord | ||||||
7 | files an eviction action, and the finder of fact determines | ||||||
8 | that the damages for which the landlord sought recovery | ||||||
9 | amounted only to reasonable wear and tear, the landlord shall | ||||||
10 | pay the tenant for all of the tenant's reasonable attorney's | ||||||
11 | fees and costs incurred defending the suit. | ||||||
12 | Section 3-20. Landlord's responsibilities. | ||||||
13 | (a) A landlord shall: | ||||||
14 | (1) comply with the requirements of applicable | ||||||
15 | building and housing codes materially affecting health and | ||||||
16 | safety; | ||||||
17 | (2) make all repairs and do whatever is necessary to | ||||||
18 | put and keep the premises in a fit and habitable condition, | ||||||
19 | including extermination and snow and ice removal, in a | ||||||
20 | timely manner; | ||||||
21 | (3) keep all common areas of the premises in a clean | ||||||
22 | and safe condition; | ||||||
23 | (4) maintain in good and safe working condition all | ||||||
24 | electrical, plumbing, sanitary, heating, ventilating, | ||||||
25 | air-conditioning, and other facilities and appliances, | ||||||
26 | including elevators, supplied or required to be supplied by | ||||||
27 | the landlord; | ||||||
28 | (5) provide and maintain appropriate receptacles for | ||||||
29 | the removal of ashes, garbage, rubbish, and other waste | ||||||
30 | incidental to the occupancy of the dwelling unit and | ||||||
31 | arrange for their removal; | ||||||
32 | (6) supply running water and reasonable amounts of hot | ||||||
33 | water, unless hot water is generated by an installation | ||||||
34 | within the exclusive control of the tenant and supplied by | ||||||
35 | a direct public utility connection, in which case the |
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1 | landlord is prohibited from interfering with the tenant's | ||||||
2 | procurement of hot water; | ||||||
3 | (7) supply heat to inhabited rooms from September 15th | ||||||
4 | of each year to June 1st of the succeeding year at a | ||||||
5 | minimum temperature of 68 degrees Fahrenheit, unless heat | ||||||
6 | is generated by an installation within the exclusive | ||||||
7 | control of the tenant and supplied by a direct public | ||||||
8 | utility connection, in which case the landlord is | ||||||
9 | prohibited from interfering with the tenant's procurement | ||||||
10 | of heat; | ||||||
11 | (8) not unreasonably interfere with the tenant's quiet | ||||||
12 | enjoyment of the unit; | ||||||
13 | (9) make security deposit records available during | ||||||
14 | office hours; | ||||||
15 | (10) provide a written receipt for any payment made by | ||||||
16 | the tenant or on behalf of the tenant to the landlord | ||||||
17 | within 10 days of receiving the payment. Each receipt shall | ||||||
18 | identify the amount received, the date on which the amount | ||||||
19 | was received, and the obligation the landlord considered | ||||||
20 | satisfied by the payment; and | ||||||
21 | (11) disclose to the tenants at the time the lease is | ||||||
22 | negotiated any arrangement for annual municipal | ||||||
23 | inspections of the dwelling unit. | ||||||
24 | (b) In addition to the remedies set forth in Section 3-30, | ||||||
25 | which apply to paragraphs (1)-(7) of subsection (a) of this | ||||||
26 | Section, if a landlord acts in violation of this Section a | ||||||
27 | tenant may, during the time that the violation continues, file | ||||||
28 | suit and shall be entitled to injunctive relief, actual | ||||||
29 | damages, reasonable attorney's fees, and costs. | ||||||
30 | Section 3-25. Landlord's right of entry. | ||||||
31 | (a) In an emergency, a landlord may enter a tenant's | ||||||
32 | dwelling place to the extent necessary to respond to the | ||||||
33 | emergency. Within 48 hours of the emergency entrance, the | ||||||
34 | landlord shall give written notice to the tenant of the entry | ||||||
35 | that discloses the actions taken. |
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1 | (b) If entrance is not required to respond to an emergency, | ||||||
2 | the landlord may enter a tenant's dwelling place only after | ||||||
3 | providing 48 hours notice to the tenant of the date and time | ||||||
4 | when the landlord will enter. Unless otherwise agreed, the | ||||||
5 | landlord may enter the dwelling place only between the hours of | ||||||
6 | 9:00 a.m. and 7:00 p.m. A landlord may enter a dwelling place | ||||||
7 | only for purposes of assessing or providing maintenance or | ||||||
8 | repair for the dwelling place, for any inspections required by | ||||||
9 | the lease, or to show the dwelling place to a prospective | ||||||
10 | renter. | ||||||
11 | (c) If the landlord violates this Section, the tenant may | ||||||
12 | file suit and shall be entitled to 2 months rent and the | ||||||
13 | tenant's reasonable attorney's fees and costs. | ||||||
14 | (d) If the landlord violates this Section twice, the tenant | ||||||
15 | may terminate the lease. | ||||||
16 | (e) If the tenant unreasonably denies the landlord entrance | ||||||
17 | into the dwelling place despite proper notice, the landlord may | ||||||
18 | file suit seeking injunctive relief and actual damages or may | ||||||
19 | seek possession of the dwelling place with proper notice in | ||||||
20 | accordance with Section 6-5 and Article IX of the Code of Civil | ||||||
21 | Procedure. | ||||||
22 | Section 3-30. Condition violation. | ||||||
23 | (a) If the condition of a dwelling place falls below the | ||||||
24 | standard required by this Act due to the action or omission of | ||||||
25 | the landlord and if the condition in violation of this Act was | ||||||
26 | not caused by the tenant, the tenant may, within 10 days of | ||||||
27 | learning of the violation, give the landlord written notice of | ||||||
28 | the alleged damage, and permit the landlord 10 days to remedy | ||||||
29 | the violation. | ||||||
30 | (b) If the violation is not substantially remedied within | ||||||
31 | those 10 days, the tenant may obtain an estimate of the cost of | ||||||
32 | repair. If the tenant fails to obtain an estimate of the cost | ||||||
33 | of repair, the tenant may not withhold more than one month's | ||||||
34 | rent to cover repair costs actually paid by the tenant, but may | ||||||
35 | proceed under subsection (d) of this Section so long as a |
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1 | reasonable person would assume that the repair cost was greater | ||||||
2 | than one month's rent. No estimate need be obtained to proceed | ||||||
3 | with the remedies for denial of an essential service. | ||||||
4 | (c) If the estimate of the repair is equal to or less than | ||||||
5 | one month's rental payment, the tenant may pay for the repair | ||||||
6 | and deduct the actual cost of repair and the cost of the | ||||||
7 | estimate from rent due. | ||||||
8 | (d) If the estimate of the repair is greater than one | ||||||
9 | month's rent, the tenant may withhold one-half of the monthly | ||||||
10 | rental amount in satisfaction of the tenant's rental obligation | ||||||
11 | until the violation is substantially repaired. In addition, the | ||||||
12 | tenant may deduct the cost of the estimate. | ||||||
13 | (e) If the estimate of the repair is greater than one | ||||||
14 | month's rent, and if the landlord commences repair within the | ||||||
15 | 10 days provided, but is unable to complete repair within that | ||||||
16 | time frame, the tenant may deduct one quarter of the monthly | ||||||
17 | rental amount in satisfaction of the tenant's rental obligation | ||||||
18 | until the violation is substantially repaired. However, if the | ||||||
19 | landlord fails to make a good faith effort to complete the | ||||||
20 | repairs in a timely fashion, the tenant may increase the | ||||||
21 | withholding to one-half of the monthly rental amount until the | ||||||
22 | violation is substantially repaired. | ||||||
23 | (f) If the violation amounts to a denial of an essential | ||||||
24 | service, such as failure to supply sufficient heat, running | ||||||
25 | water, hot water, electric, gas, or other basic shelter issue, | ||||||
26 | the tenant may begin withholding all of the monthly rent | ||||||
27 | beginning the day after the tenant gives the landlord notice of | ||||||
28 | the denial of the essential service. Concurrently, the tenant | ||||||
29 | may procure reasonable amounts of the essential service or | ||||||
30 | services not supplied and bill the landlord for the cost of | ||||||
31 | that service or deduct the cost of service from the rent. | ||||||
32 | (g) If the violation of the essential service continues for | ||||||
33 | 72 hours, the tenant may either continue with the remedies | ||||||
34 | specified in subsection (f) of this Section or give the | ||||||
35 | landlord notice that the tenant will terminate the lease and | ||||||
36 | vacate the property at will. |
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1 | Section 3-35. Prohibition of lock-out. | ||||||
2 | (a) A landlord shall not lock a tenant out of the tenant's | ||||||
3 | dwelling place. The following actions constitute a lock-out: | ||||||
4 | (1) plugging, changing, adding, or removing any lock or | ||||||
5 | latching device; | ||||||
6 | (2) blocking any entrance into the dwelling place; | ||||||
7 | (3) removing any door or window from the dwelling | ||||||
8 | place; | ||||||
9 | (4) interfering with services to the dwelling place, | ||||||
10 | including gas, hot or cold water, plumbing, heat, or | ||||||
11 | telephone service; | ||||||
12 | (5) removing the tenant's personal property from the | ||||||
13 | dwelling place; | ||||||
14 | (6) removing or incapacitating appliances or fixtures; | ||||||
15 | (7) using force or violence against a tenant; | ||||||
16 | (8) threatening to use force or violence against a | ||||||
17 | tenant; or | ||||||
18 | (9) any other act making the dwelling place or any part | ||||||
19 | of the dwelling place or any personal property of the | ||||||
20 | tenant in the dwelling place inaccessible or | ||||||
21 | uninhabitable. | ||||||
22 | (b) The following actions do not constitute a lock-out: | ||||||
23 | (1) eviction by the sheriff after a judgment for | ||||||
24 | possession has been obtained under Article IX of the Code | ||||||
25 | of Civil Procedure; | ||||||
26 | (2) temporary interference with possession only as | ||||||
27 | necessary to make needed repairs or inspection and only as | ||||||
28 | provided by law and with proper written notice; or | ||||||
29 | (3) entry after all tenants have abandoned a dwelling | ||||||
30 | place. | ||||||
31 | (c) In addition to any other remedy supplied in this Act or | ||||||
32 | under other law, if the landlord violates this Section, the | ||||||
33 | tenant may file suit and shall be entitled to both injunctive | ||||||
34 | relief and damages. Injunctive relief includes, but is not | ||||||
35 | limited to, restoration of possession of the tenant's dwelling |
| |||||||
|
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1 | place and personal property, restoration of utility service, | ||||||
2 | and relief against future interference. Damages shall be either | ||||||
3 | in the amount of twice the tenant's actual damages, or 6 times | ||||||
4 | the monthly rent for the unit, whichever is greater, plus the | ||||||
5 | tenant's reasonable attorney's fees and court costs. | ||||||
6 | Section 3-40. Fees. | ||||||
7 | (a) A landlord may not charge a tenant any fee in addition | ||||||
8 | to rent unless the fee: | ||||||
9 | (1) is disclosed on the lease and separately initialed | ||||||
10 | by the tenant; | ||||||
11 | (2) is not for maintenance of the dwelling place; and | ||||||
12 | (3) is not in excess of the actual cost born by the | ||||||
13 | landlord. | ||||||
14 | (b) A lease may not include a tenant-paid fee for late | ||||||
15 | payment of rent or discount for early payment of rent in excess | ||||||
16 | of $10 per month for the first $500 in monthly rent plus 5% per | ||||||
17 | month for any amount of rent in excess of $500. | ||||||
18 | Section 3-45. Payment of rent. When this Act permits a | ||||||
19 | tenant to withhold rent, the tenant's rental payment is deemed | ||||||
20 | paid on the date due, continuing for each date on which rent is | ||||||
21 | due until the condition permitting the tenant to withhold rent | ||||||
22 | is remedied. | ||||||
23 | ARTICLE 4. CHANGE IN TERMS OF TENANCY | ||||||
24 | Section 4-5. Rent increase. | ||||||
25 | (a) At the expiration of a lease term, a landlord may | ||||||
26 | demand any increase in rent desired subject to subsection (e) | ||||||
27 | and the notice requirements of this Section. | ||||||
28 | (b) For rent increases of 5% or less, the landlord must | ||||||
29 | provide 30 days written notice of the increase before the | ||||||
30 | increase may take effect. | ||||||
31 | (c) For rent increases of greater than 5% and up to 10% of | ||||||
32 | the rental rate, the landlord must provide 60 days written |
| |||||||
|
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1 | notice of the increase in rent before it may take effect. | ||||||
2 | (d) For rent increases of more than 10% of the rental rate, | ||||||
3 | the landlord must provide 90 days written notice of the | ||||||
4 | increase before it may take effect. | ||||||
5 | (e) A landlord with 10 or more existing violations of the | ||||||
6 | law of the locality concerning habitability, health, or safety | ||||||
7 | may not increase a tenant's rent until the violations have been | ||||||
8 | remedied. | ||||||
9 | Section 4-10. End of written or oral lease term. At the end | ||||||
10 | of the lease period, any lease for a term of greater than one | ||||||
11 | month shall revert to month-to-month tenancies under the same | ||||||
12 | terms as the expiring lease unless either the landlord or the | ||||||
13 | tenant gives 30 days notice of the intent to change a term in | ||||||
14 | the lease other than rent. | ||||||
15 | Section 4-15. Tenant's right to sublease. A landlord must | ||||||
16 | accept all reasonable sublessees offered by the tenant under | ||||||
17 | the same terms provided to the original tenant, provided that a | ||||||
18 | landlord renting a subsidized dwelling place may refuse a | ||||||
19 | sublease so long as the landlord complies with the terms of the | ||||||
20 | subsidy affecting that dwelling place. If a tenant wishes to | ||||||
21 | sublease the dwelling place, the tenant must pay all costs | ||||||
22 | associated with advertising the sublease, but the landlord | ||||||
23 | cannot charge the tenant a fee for subletting the dwelling | ||||||
24 | place. | ||||||
25 | Section 4-20. Landlord's duty to mitigate damages. If a | ||||||
26 | tenant gives notice of the tenant's intent to vacate the | ||||||
27 | dwelling place, or if the landlord otherwise discovers that the | ||||||
28 | tenant has vacated the dwelling place, the landlord shall make | ||||||
29 | all reasonable efforts to re-let the dwelling place for the | ||||||
30 | remainder of the lease period at the same lease terms. The | ||||||
31 | original tenant is responsible to the landlord only for those | ||||||
32 | damages that could not have been mitigated. |
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|
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1 | ARTICLE 5. END OF LEASE TERM | ||||||
2 | Section 5-5. Closing inventory checklist. | ||||||
3 | (a) Upon notice to the landlord that the tenant either will | ||||||
4 | vacate the dwelling place or has vacated the dwelling place, | ||||||
5 | the landlord shall make himself or herself available to create | ||||||
6 | a closing inventory checklist before admitting a new tenant to | ||||||
7 | occupancy of the dwelling place. The closing inventory | ||||||
8 | checklist shall be on substantially the same form as the | ||||||
9 | inventory checklist. The landlord shall provide a copy of the | ||||||
10 | closing inventory checklist to the tenant within 10 days of the | ||||||
11 | creation of the checklist. | ||||||
12 | (b) If the tenant is not reasonably available to create a | ||||||
13 | closing inventory checklist, the landlord may create the | ||||||
14 | closing inventory checklist without the tenant, but must | ||||||
15 | photograph any damage claimed beyond normal wear and tear on | ||||||
16 | the dwelling place, or be barred from seeking to recover for | ||||||
17 | that damage. | ||||||
18 | Section 5-10. Return of security deposits. | ||||||
19 | (a) The security deposit and all interest earned thereon | ||||||
20 | shall be returned to the tenant within 10 days of the date on | ||||||
21 | which the tenant gives notice to the landlord that the tenant | ||||||
22 | has vacated the dwelling place, unless one of the following | ||||||
23 | applies: | ||||||
24 | (1) the landlord is proceeding under Section 3-15 for | ||||||
25 | damage caused by the tenant; or | ||||||
26 | (2) the tenant owes rent and the landlord has withheld | ||||||
27 | an amount from the security deposit equal to the amount of | ||||||
28 | rent owed. | ||||||
29 | (b) If the landlord violates this Section, the tenant or | ||||||
30 | tenant may file suit and shall be entitled to damages in the | ||||||
31 | amount of 2 times the security deposit, plus interest, the | ||||||
32 | tenant's reasonable attorney's fees, and court costs. | ||||||
33 | Section 5-15. Abandonment. Abandonment of the dwelling |
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|
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1 | place shall be deemed to have occurred only when: | ||||||
2 | (1) written notice has been provided to the landlord by a | ||||||
3 | tenant expressing the intention of all of the tenants of the | ||||||
4 | dwelling place to permanently vacate the dwelling place; | ||||||
5 | (2) all of the tenants have been absent from the dwelling | ||||||
6 | place for the greater of 21 days or one rental period, the | ||||||
7 | tenants have removed their personal property from the dwelling | ||||||
8 | place, and the rent for the period is unpaid; or | ||||||
9 | (3) all tenants have been absent from the dwelling place | ||||||
10 | for a period of 60 days and the rent for that period is unpaid.
| ||||||
11 | ARTICLE 6. LANDLORD'S ACTION TO TERMINATE POSSESSION | ||||||
12 | Section 6-5. Residential notice of termination. | ||||||
13 | (a) In addition to the notice requirements to initiate an | ||||||
14 | action for forcible entry under Article IX of the Code of Civil | ||||||
15 | Procedure, the notice of termination must: | ||||||
16 | (1) state that the landlord is demanding that the | ||||||
17 | tenant leave the dwelling place on a date specified in the | ||||||
18 | notice; | ||||||
19 | (2) state the reasons for the landlord's action with | ||||||
20 | enough specificity to enable the tenant to prepare a | ||||||
21 | defense; and | ||||||
22 | (3) advise the tenant that if he or she remains in the | ||||||
23 | dwelling place after the date specified, the landlord may | ||||||
24 | seek to evict the tenant from the dwelling place only by | ||||||
25 | taking the tenant to court, at which time the tenant may | ||||||
26 | present a defense. | ||||||
27 | (b) If a tenant does not turn over possession in response | ||||||
28 | to a notice under subsection (a) of this Section, then the | ||||||
29 | tenancy and the tenant's right of possession remain in effect | ||||||
30 | until such time as they are terminated by a court order of | ||||||
31 | possession. | ||||||
32 | Section 6-10. Tenant lease termination to accommodate a | ||||||
33 | handicap. After providing one month's notice, a tenant who |
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|
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1 | suffers from a handicap as that term is defined by the Illinois | ||||||
2 | Human Rights Act may terminate his or her lease, if the | ||||||
3 | termination is necessary to obtain the benefits of any program | ||||||
4 | directed at providing housing services or aid to individuals | ||||||
5 | with a handicap. | ||||||
6 | Section 6-15. Right to cure. Within the period provided by | ||||||
7 | the notice required to initiate an action under Article IX of | ||||||
8 | the Code of Civil Procedure, the tenant may cure any lease | ||||||
9 | violation, whether for failure to pay rent or for any violation | ||||||
10 | of the terms of the lease or this Act. If the tenant cures the | ||||||
11 | lease violation within the time provided, the landlord may not | ||||||
12 | file an action to evict the tenant on that basis. | ||||||
13 | Section 6-20. Waiver for payment of amount demanded. The | ||||||
14 | landlord waives the right to proceed with an action for | ||||||
15 | nonpayment of rent if, at any time before judgment, the | ||||||
16 | landlord accepts the rent due and owing. | ||||||
17 | Section 6-25. Prohibition on retaliation. | ||||||
18 | (a) A landlord may not retaliate against a tenant because | ||||||
19 | the tenant has in good faith: | ||||||
20 | (1) complained of code violations in the dwelling place | ||||||
21 | or an illegal landlord practice to a government agency, | ||||||
22 | public official, or elected representative; | ||||||
23 | (2) complained of a code violation or an illegal | ||||||
24 | landlord practice to a community organization or the news | ||||||
25 | media; | ||||||
26 | (3) sought the assistance of the news media or a | ||||||
27 | community organization to remedy a code violation or an | ||||||
28 | illegal landlord practice; | ||||||
29 | (4) requested that the landlord make repairs in the | ||||||
30 | dwelling place; | ||||||
31 | (5) testified in court or in an administrative | ||||||
32 | proceeding about the condition of the dwelling place or the | ||||||
33 | building in which the dwelling place is located; |
| |||||||
|
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1 | (6) testified in court or in an administrative | ||||||
2 | proceeding about the landlord's conduct as a landlord; | ||||||
3 | (7) refused any unwanted sexual advance made by the | ||||||
4 | landlord to the tenant;
or | ||||||
5 | (8) exercised any right or remedy provided by law. | ||||||
6 | (b) Actionable retaliation, if taken in retaliation for the | ||||||
7 | actions specified in subsection (a), shall include, but not be | ||||||
8 | limited to, the following: | ||||||
9 | (1) increasing rent; | ||||||
10 | (2) decreasing any service, including, but not limited | ||||||
11 | to, the provision of gas, heat, or electricity, or use of | ||||||
12 | facilities or common areas; | ||||||
13 | (3) making any alteration to the premises that has an | ||||||
14 | adverse effect upon the tenant; | ||||||
15 | (4) making any threat of physical force or use of | ||||||
16 | physical force against the tenant or tenant's family | ||||||
17 | member; | ||||||
18 | (5) making any threat to use a government agency to | ||||||
19 | cause harm to the tenant or the tenant's family member, | ||||||
20 | including, but not limited to, incarceration, deportation, | ||||||
21 | or the loss of a government subsidy; | ||||||
22 | (6) placing a tenant's name on a list of disfavored | ||||||
23 | tenants; or | ||||||
24 | (7) attempting to terminate the tenancy of the tenant. | ||||||
25 | (c) If a landlord acts in violation of this Section, the | ||||||
26 | tenant may plead the violation as an affirmative defense and | ||||||
27 | counterclaim to an action, or may commence a civil action in an | ||||||
28 | appropriate circuit court of this State not later than one year | ||||||
29 | after the occurrence of the violation. In the action, if the | ||||||
30 | court finds that the alleged violation occurred, the court | ||||||
31 | shall award the plaintiff the following relief: | ||||||
32 | (1) injunctive relief; | ||||||
33 | (2) an amount equal to 2 months' rent or twice the | ||||||
34 | actual damages sustained by the plaintiff, whichever is | ||||||
35 | greater; | ||||||
36 | (3) punitive damages, if appropriate; and |
| |||||||
|
|||||||
1 | (4) the tenant's reasonable attorney's fees and costs. | ||||||
2 | Section 6-30. Attorney's fees. The recovery of attorney's | ||||||
3 | fees for the prosecution of an action pursuant to Article IX of | ||||||
4 | the Code of Civil Procedure is prohibited. | ||||||
5 | ARTICLE 7. MISCELLANEOUS PROVISIONS | ||||||
6 | Section 7-5. Purposes; rules of construction. | ||||||
7 | (a) This Act shall be liberally construed and applied to | ||||||
8 | promote its underlying purposes and policies. | ||||||
9 | (b) The underlying purposes and policies of this Act are: | ||||||
10 | (1) to simplify, clarify, modernize, and standardize | ||||||
11 | the law governing the rental of dwelling units and the | ||||||
12 | rights and obligations of landlords and tenants; | ||||||
13 | (2) to encourage landlords and tenants to maintain and | ||||||
14 | improve the habitability, safety, and quality of housing, | ||||||
15 | and to deter actions that have a negative impact upon the | ||||||
16 | same; and | ||||||
17 | (3) to supplement, enhance, and add to the already | ||||||
18 | existing federal, State, and local law so as to provide a | ||||||
19 | baseline of rights and remedies for residential renters. | ||||||
20 | Section 7-10. Supplementary principles of law applicable. | ||||||
21 | Unless otherwise provided by the provisions of this Act, the | ||||||
22 | principles of law and equity, including, but not limited to, | ||||||
23 | the law relating to capacity to contract, mutuality of | ||||||
24 | obligations, principal and agent, real property, public | ||||||
25 | health, safety and fire prevention, estoppel, fraud, | ||||||
26 | misrepresentation, duress, coercion, mistake, bankruptcy, or | ||||||
27 | other validating or invalidating cause supplement its | ||||||
28 | provisions. | ||||||
29 | Section 7-15. Construction against implicit repeal. This | ||||||
30 | Act being a general Act intended as a unified coverage of its | ||||||
31 | subject matter, no part of it is to be construed as impliedly |
| |||||||
|
|||||||
1 | repealed by subsequent legislation if that construction can | ||||||
2 | reasonably be avoided. | ||||||
3 | Section 7-20. Subject matter jurisdiction. All circuit | ||||||
4 | courts may decide disputes arising from any violation of this | ||||||
5 | Act, and all violations of this Act are germane to actions for | ||||||
6 | possession under Article IX of the Code of Civil Procedure. | ||||||
7 | Section 7-25. Notice. | ||||||
8 | (a) Except for notices required by Article IX of the Code | ||||||
9 | of Civil Procedure, written notice shall be given either in | ||||||
10 | person or by first class mail. If not in person, landlords | ||||||
11 | shall be given notice at the address provided to the tenant at | ||||||
12 | the time the lease is entered or any subsequently reported | ||||||
13 | address. If not in person, a tenant shall be given notice at | ||||||
14 | the address of the rental unit or at the tenant's last known | ||||||
15 | address, if different. | ||||||
16 | (b) If notice is required, but it is not required to be in | ||||||
17 | writing, notice may be provided by any means actually | ||||||
18 | accomplishing the necessary communication. | ||||||
19 | Section 7-30. Notice required to evict a tenant. In | ||||||
20 | addition to the notice requirements under Article IX of the | ||||||
21 | Code of Civil Procedure, notice for the eviction of a tenant | ||||||
22 | shall also be given to the tenant by properly addressed and | ||||||
23 | stamped registered mail. This notice cannot be waived. | ||||||
24 | Section 7-35. Enforcement. The Attorney General has | ||||||
25 | standing to bring suit to enforce any provision of this Act in | ||||||
26 | the name of the People of the State against a landlord whenever | ||||||
27 | the Attorney General determines that such an action would be in | ||||||
28 | the public interest. | ||||||
29 | ARTICLE 99. EFFECTIVE DATE
| ||||||
30 | Section 99-99. Effective date. This Act takes effect upon |
| |||||||
|
|||||||
1 | becoming law.
|