City of Chicago
Residential Landlord Tenant Ordinance
§ 5-12-110: Tenant Remedies

Introduction

In addition to any remedies provided under federal law, a tenant shall have the remedies specified in this section under the circumstances herein set forth.

For purposes of this section, material noncompliance with Section 5-12-070 shall include, but is not limited to, any of the following circumstances:

• Failure to maintain the structural integrity of the building or structure or parts thereof;
• Failure to maintain floors in compliance with the safe load-bearing requirements of the municipal code;
• Failure to comply with applicable requirements of the municipal code for the number, width, construction, location or accessibility of exits;
• Failure to maintain exit, stairway, fire escape or directional signs where required by the municipal code;
• Failure to provide smoke alarms, smoke detectors, sprinkler systems, standpipe systems, fire alarm systems, automatic fire detectors or fire extinguishers where required by the municipal code;
• Failure to maintain elevators in compliance with applicable provisions of the municipal code;
• Failure to provide or maintain in good working order a flush water closet, lavatory basin, bathtub or shower, or kitchen sink;
• Failure to maintain heating facilities or gas-fired appliances in compliance with the requirements of the municipal code;
• Failure to provide heat or hot water in such amounts and at such levels and times as required by the municipal code;
• Failure to provide hot and cold running water as required by the municipal code;
• Failure to provide adequate hall or stairway lighting as required by the municipal code;
• Failure to maintain the foundation, exterior walls or exterior roof in sound condition and repair, substantially watertight and protected against rodents;
• Failure to maintain floors, interior walls or ceilings in sound condition and good repair;
• Failure to maintain windows, exterior doors or basement hatchways in sound condition and repair and substantially tight and to provide locks or security devices as required by the municipal code, including deadlatch locks, deadbolt locks, sash or ventilation locks, and front door windows or peepholes;
• Failure to supply screens where required by the municipal code;
• Failure to maintain stairways or porches in safe condition and sound repair;
• Failure to maintain the basement or cellar in a safe and sanitary condition;
• Failure to maintain facilities, equipment or chimneys in safe and sound working condition;
• Failure to prevent the accumulation of stagnant water;
• Failure to exterminate insects, rodents or other pests;
• Failure to supply or maintain facilities for refuse disposal;
• Failure to prevent the accumulation of garbage, trash, refuse or debris as required by the municipal code;
• Failure to provide adequate light or ventilation as required by the municipal code;
• Failure to maintain plumbing facilities, piping, fixtures, appurtenances and appliances in good operating condition and repair;
• Failure to provide or maintain electrical systems, circuits, receptacles and devices as required by the municipal code;
• Failure to maintain and repair any equipment which the landlord supplies or is required to supply;
• Failure to maintain the dwelling unit and common areas in a fit and habitable condition.

Available Remedies

Section (a) - Noncompliance by Landlord

If there is material noncompliance by the landlord with a rental agreement or with Section 5-12-070 either of which renders the premises not reasonably fit and habitable, the tenant under the rental agreement may deliver a written notice to the landlord specifying the acts and/or omissions constituting the material noncompliance and specifying that the rental agreement will terminate on a date not less than 14 days after receipt of the notice by the landlord, unless the material noncompliance is remedied by the landlord within the time period specified in the notice. If the material noncompliance is not remedied within the time period so specified in the notice, the rental agreement shall terminate, and the tenant shall deliver possession of the dwelling unit to the landlord within 30 days after the expiration of the time period specified in the notice. If possession shall not be so delivered, then the tenant's notice shall be deemed withdrawn and the lease shall remain in full force and effect. If the rental agreement is terminated, the landlord shall return all prepaid rent, security and interest recoverable by the tenant under Section 5-12-080.

Section (b) - Failure to Deliver Possession

If the landlord fails to deliver possession of the dwelling unit to the tenant in compliance with the residential rental agreement or Section 5-12-070, rent for the dwelling unit shall abate until possession is delivered, and the tenant may:

1. Upon written notice to the landlord, terminate the rental agreement and upon termination the landlord shall return all prepaid rent and security; or
2. Demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the dwelling unit against the landlord or any person wrongfully in possession and recover the damages sustained by him.

If a person's failure to deliver possession is wilful, an aggrieved person may recover from the person withholding possession an amount not more than two months' rent or twice the actual damages sustained by him, whichever is greater.

Section (c) - Minor Defects

If there is material noncompliance by the landlord with the rental agreement or with Section 5-12-070, and the reasonable cost of compliance does not exceed the greater of $500.00 or one-half of the monthly rent, the tenant may recover damages for the material noncompliance or may notify the landlord in writing of his intention to correct the condition at the landlord's expense; provided, however, that this subsection shall not be applicable if the reasonable cost of compliance exceeds one month's rent. If the landlord fails to correct the defect within 14 days after being notified by the tenant in writing or as promptly as conditions require in case of emergency, the tenant may have the work done in a workmanlike manner and in compliance with existing law and building regulations and, after submitting to the landlord a paid bill from an appropriate tradesman or supplier, deduct from his or her rent the amount thereof, not to exceed the limits specified by this subsection and not to exceed the reasonable price then customarily charged for such work. A tenant shall not repair at the landlord's expense if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent.

Before correcting a condition affecting facilities shared by more than one dwelling unit, the tenant shall notify all other affected tenants and shall cause the work to be done so as to create the least practical inconvenience to the other tenants. Nothing herein shall be deemed to grant any tenant any right to repair any common element or dwelling unit in a building subject to a condominium regime other than in accordance with the declaration and bylaws of such condominium building; provided, that the declaration and bylaws have not been created to avoid the application of this chapter.

For purposes of mechanics' lien laws, repairs performed or materials furnished pursuant to this subsection shall not be construed as having been performed or furnished pursuant to authority of or with permission of the landlord.

Section (d) - Failure to Maintain

If there is material noncompliance by the landlord with the rental agreement or with Section 5-12-070, the tenant may notify the landlord in writing of the tenant's intention to withhold from the monthly rent an amount which reasonably reflects the reduced value of the premises due to the material noncompliance. If the landlord fails to correct the condition within 14 days after being notified by the tenant in writing, the tenant may, during the time such failure continues, deduct from the rent the stated amount. A tenant shall not withhold rent under this subsection if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent.

Section (e) - Damages and Injunctive Relief

If there is material noncompliance by the landlord with the rental agreement or with Section 5-12-070, the tenant may obtain injunctive relief, and/or recover damages by claim or defense. This subsection does not preclude the tenant from obtaining other relief to which he may be entitled under this chapter.

Section (f) - Failure to Provide Essential Services

If there is material noncompliance by the landlord with the rental agreement or with Section 5-12-070, either of which constitutes an immediate danger to the health and safety of the tenant or if, contrary to the rental agreement or Section 5-12-070, the landlord fails to supply heat, running water, hot water, electricity, gas or plumbing, the tenant may give written notice to the landlord specifying the material noncompliance or failure. If the landlord has, pursuant to this ordinance or in the rental agreement, informed the tenant of an address at which notices to the landlord are to be received, the tenant shall mail or deliver the written notice required in this section to such address. If the landlord has not informed the tenant of an address at which notices to the landlord are to be received, the written notice required in this section shall be delivered by mail to the last known address of the landlord or by other reasonable means designed in good faith to provide written notice to the landlord. After such notice, the tenant may during the period of the landlord's noncompliance or failure:

1. Procure reasonable amounts of heat, running water, hot water, electricity, gas or plumbing service, as the case may be and upon presentation to the landlord of paid receipts deduct their cost from the rent; or
2. Recover damages based on the reduction in the fair rental value of the dwelling unit; or
3. Procure substitute housing, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance. The tenant may recover the cost of the reasonable value of the substitute housing up to an amount equal to the monthly rent for the each month or portion thereof of noncompliance as prorated.

In addition to the remedies set forth in Section 5-12-110(f)(1) – (3), the tenant may:

4. Withhold from the monthly rent an amount that reasonably reflects the reduced value of the premises due to the material noncompliance or failure if the landlord fails to correct the condition within 24 hours after being notified by the tenant; provided, however, that no rent shall be withheld if the failure is due to the inability of the utility provider to provide service; or
5. Terminate the rental agreement by written notice to the landlord if the material noncompliance or failure persists for more than 72 hours after the tenant has notified the landlord of the material noncompliance or failure; provided, however, that no termination shall be allowed if the failure is due to the inability of the utility provider to provide service. If the rental agreement is terminated, the landlord shall return all prepaid rent, security deposits and interest thereon in accordance with Section 5-12-080 and tenant shall deliver possession of the dwelling unit to the landlord within 30 days after the expiration of the 72-hour time period specified in the notice. If possession shall not be so delivered, then the tenant's notice shall be deemed withdrawn and the lease shall remain in full force and effect.

If the tenant proceeds under this subsection (f), he may not proceed under subsections (c) or (d). The tenant may not exercise his rights under this subsection if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of his family, or other person on the premises with his consent. Before correcting a condition, the repair of which will affect more than his own dwelling unit, the tenant shall notify all other tenants affected and shall cause the work to be done so as to result in the least practical inconvenience to other tenants.

Section (g) - Fire or Casualty Damage

If the dwelling unit or common area are damaged or destroyed by fire or casualty to an extent that the dwelling unit is in material noncompliance with the rental agreement or with Section 5-12-070, the tenant may:

1. Immediately vacate the premises and notify the landlord in writing within 14 days thereafter of the tenant's intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of the fire or casualty; or
2. If continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenant's liability for rent is reduced in proportion to the reduction in the fair rental value of the dwelling unit; or
3. If the tenant desires to continue the tenancy, and if the landlord has promised or begun work to repair the damage or destruction but fails to carry out the work to restore the dwelling unit or common area diligently and within a reasonable time, notify the landlord in writing within 14 days after the tenant becomes aware that the work is not being carried out diligently or within a reasonable time of the tenant's intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of the fire or casualty.

If the rental agreement is terminated under this subsection (g), the landlord shall return all security and all prepaid rent in accordance with Section 5-12-080(d). Accounting for rent in the event of termination or apportionment shall be made as of the date of the fire or casualty. A tenant may not exercise remedies in this subsection if the fire or casualty damage was caused by the deliberate or negligent act or omission of the tenant, a member of his family or a person on the premises with his consent.

Plain Language Explanations

1. Termination of Rental Agreement (Section a)

When to use: For serious violations that make your unit unlivable

• Requirements:
  • Violation must make unit "not reasonably fit and habitable"
  • Must give written notice describing specific violations
  • Must give landlord 14 days to fix the problems
• Process:
  • Send detailed written notice listing all violations
  • Wait 14 days for landlord to fix issues
  • If not fixed, lease terminates
  • Must move out within 30 days after notice period
  • Get back all prepaid rent and security deposits
• Example situations:
  • Severe mold making unit unsafe
  • Multiple essential services not working
  • Serious structural problems

2. Failure to Deliver Possession (Section b)

When to use: If landlord fails to give you possession of the unit at the start of your lease

• Requirements:
  • Must have valid lease
  • Landlord failed to deliver possession on start date
  • Unit must be actually unavailable (not just in poor condition)
• Your rights:
  • No rent due until you get possession
  • Can terminate lease with written notice and get all money back
  • Can demand possession and sue for damages
  • If willful withholding, can get greater of:
    • Two months' rent, OR
    • Twice your actual damages
• Example situations:
  • Previous tenant still in unit
  • Landlord rented to someone else
  • Unit being renovated past lease start date
  • Unit condemned or uninhabitable
• Calculating damages:
  • Temporary housing costs
  • Storage fees
  • Moving expenses
  • Price difference for alternative housing

3. Minor Repairs and Deduct (Section c)

When to use: For smaller issues costing less than $500 or half month's rent to fix

• Requirements:
  • Cost limit: Lesser of $500 or half month's rent
  • Total repairs cannot exceed one month's rent
  • Must give 14-day written notice
  • Must use licensed professional
  • Cannot use if tenant caused damage
• For shared facilities (affecting multiple units):
  • Must notify all affected tenants in writing
  • Must minimize disruption to other tenants
  • Must coordinate repairs with other tenants
  • Special rules for condominiums:
    • Must follow condo declaration/bylaws
    • Cannot repair common elements unless allowed
    • Should coordinate with condo board
• Important legal notes:
  • Repairs do NOT create mechanics' liens
  • Contractors cannot file liens against property
  • Keep all documentation:
    • Written notices to landlord
    • Contractor estimates
    • Paid receipts
    • Photos before and after
    • Contractor licenses/insurance
• Example repairs:
  • Leaky faucet or toilet
  • Broken appliance (if landlord-provided)
  • Minor electrical issues
  • Small plumbing repairs

4. Rent Withholding (Section d)

When to use: For ongoing violations affecting your unit's value

• Requirements:
  • Must be material noncompliance by landlord
  • Must give 14-day written notice
  • Amount withheld must be reasonable
• Process:
  • Send written notice describing violations
  • Wait 14 days for landlord to fix
  • If not fixed, can reduce rent
  • Must calculate reasonable reduction
  • Keep detailed records of reduction calculation
• Example reductions:
  • No heat: 50-100% reduction
  • No hot water: 25-50% reduction
  • Broken appliance: 10-25% reduction
• Important notes:
  • Cannot withhold if you caused the problem
  • Keep withheld rent separate - you may need to pay it
  • Document everything with photos/videos

5. Damages and Injunctive Relief (Section e)

When to use: For any material noncompliance by landlord that causes you harm or needs court intervention

• Types of relief available:
  • Monetary damages:
    • Out-of-pocket costs
    • Property damage
    • Temporary housing costs
    • Utility costs
    • Medical expenses (if applicable)
  • Injunctive relief (court orders):
    • Order to make repairs
    • Order to provide services
    • Order to stop illegal practices
• Can be combined with other remedies:
  • Use with rent withholding
  • Use with termination
  • Use with repair and deduct
• Example situations:
  • Persistent maintenance issues
  • Health/safety violations
  • Utility shutoffs
  • Harassment or illegal practices
• Important notes:
  • Consider consulting attorney
  • Document all damages
  • Keep all receipts
  • Take photos/videos
  • Get witness statements if possible

6. Essential Services Remedies (Section f)

When to use: When landlord fails to provide heat, water, electricity, gas, or plumbing

• Requirements:
  • Must be complete failure of service
  • Must give immediate written notice
  • Cannot use if utility company caused problem
• Available remedies:
  • Buy services yourself:
    • Purchase reasonable amounts
    • Keep all receipts
    • Deduct from rent
  • Reduce rent (after 24 hours):
    • Must be proportional to problem
    • Document reduced value
  • Get substitute housing:
    • Find reasonable alternative housing
    • Stop paying rent during period
    • Recover housing costs up to monthly rent
  • Terminate lease (after 72 hours):
    • Give written notice
    • Move within 30 days
    • Get back deposits/prepaid rent
• Example situations:
  • No heat during winter
  • No running water
  • No electricity (not utility company's fault)
  • Major plumbing failure

7. Fire/Casualty Damage Remedies (Section g)

When to use: When unit is damaged by fire, flood, or other disaster

• Available options:
  • Immediate termination:
    • Vacate immediately
    • Notify within 14 days
    • Lease ends as of damage date
    • Get back deposits/prepaid rent
  • Partial vacation:
    • Move out of damaged areas only
    • Reduce rent proportionally
    • Document unusable areas
  • Termination for repair delay:
    • Give notice if repairs not diligent
    • Must notify within 14 days of discovering delay
    • Lease terminates as of damage date
• Important notes:
  • Cannot use if you caused the damage
  • Document all damage with photos/videos
  • Keep records of all communication about repairs
  • Consider getting renter's insurance

Important Notes

• All notices must be in writing
• Keep copies of all notices and proof of delivery
• Take photos/videos of violations
• Document all communication with landlord
• Cannot use remedies if you caused the problem
• Must follow exact notice periods
• Consider consulting an attorney before proceeding
• Multiple remedies may be available - choose carefully
• Some remedies can be combined (e.g., damages with other remedies)
• Delivery method of notice matters - use certified mail or hand delivery
• Keep detailed records of all costs if using repair and deduct
• Notice periods start when landlord receives notice, not when you send it
• Save all receipts and documentation
• Take dated photographs of all violations
• Consider having witnesses document conditions
• Keep a detailed timeline of all events