Chicago constructive eviction

It is presumed that a person intends the natural consequences of his or her actions, so it does not have to be an explicit intention on the part of the landlord to rob the tenant in that way. This applies not only to residential but also to commercial leasing. Even if changing the lock is not an issue, constructive evictions can occur.

If the condition of the site is such that it makes the site uninhabitable without the negligence of the tenant , it can be a constructive eviction. A typical example is the problem of water, electricity, or heat supply that the landlord must supply. It is as illegal for a landlord to turn off the power and evict a tenant as it is for a self-help lock change. If a tenant is constructively evacuated, the tenant is not obliged to pay the rent during the constructive eviction period, perhaps the rest of the lease period.

Visit the City's Eviction and Lockout Resources page for further information. Supreme Court issued a decision that ended the pandemic-related federal moratorium on residential evictions. City Hall N. LaSalle St. Room Chicago, IL Hours: a. Email us at DOH cityofchicago. An official website of the City of Chicago Here's how you know.

The site is secure. Housing Chicago's Department of Housing DOH expands access and choice for residents and protects their right to quality homes that are affordable, safe, and healthy. DOH Home. Contact us Housing. Updated Sept. Required Landlord Notice to Tenant. What Impacted Tenants Need to Know and Do Chicago residential tenants who have lost income as a direct or indirect result of the COVID pandemic should notify their landlords in writing within five days of receiving an eviction notice to further protect themselves from eviction.

During the day period, the landlord must contact the tenant and try to work out with the tenant a plan to avoid eviction. If a building contains 25 or more residential units, the landlord must also pay interest on the deposit from the date it was paid, if held more than 67 months.

Interest is calculated at the rate paid by the largest bank in Illinois, as determined by total assets, on a passbook security account. The above statements regarding security deposits are based on state law. However, some municipalities may impose additional obligations.

For example, the city of Chicago required interest to be paid on all security deposits regardless of the number of rental units. Landlord and tenant matters can become complex. Both landlord and tenant should consult an attorney for assistance with particular problems. For more information about your rights and responsibilities as a tenant, including specific landlord-tenant laws in your municipality, contact your local bar association, or visit the Illinois Tenants Union at www.

This pamphlet is prepared and published by the Illinois State Bar Association as a public service. Every effort has been made to provide accurate information at the time of publication. For the most current information, please consult your lawyer.

If you need a lawyer and do not have one, call Illinois Lawyer Finder at or online www. Skip to main content. Your Guide to Landlord-Tenant Law. Landlord-tenant law At some point during their lives most people will be involved with the rental of real estate, either as landlord or tenant. A lease The relationship between landlord and tenant arises from an agreement called a lease by which one party occupies the real estate of another with the owner's consent.

Termination of the lease If a lease is not for a specific term, it may be terminated by either party with proper notice. For year-to-year tenancies, other than a lease of farmland, either party may terminate the lease by giving sixty days' written notice at any time within the four months preceding the last sixty days of the lease. A week-to-week tenancy may be terminated by either party by giving seven days' written notice to the other party. Farm leases generally run for one year.

Customarily, they begin and end in March of each year. Notice to terminate must be given at least four months before the end of the term. In all other lease agreements for a period of less than one year, a party must give thirty days' written notice. Any notice given should call for termination on the last day of that rental period. Termination for breach The most common breach of a lease is non-payment of rent. Service on demand notice Notice may be served upon tenant by delivering a written or printed copy to the tenant or by leaving the same with some person above the age of thirteen 13 years who lives at the party's residence or by sending a copy of the notice to the party by certified or registered mail with a return receipt from the addressee.

Subletting or assigning the lease Often, written leases prohibit the tenant from subletting the premises without the written consent of the landlord.

Remedies of a tenant If the landlord has breached the lease by failing to meet their duties under the lease, certain remedies arise in favor of the tenant: The tenant may sue the landlord for damages sustained as a result of the breach.