Chicago Eviction Attorney
Evictions are governed by the Illinois Eviction Law, which is found under Article IX of the Illinois Code of Civil Procedure (735 ILCS 5/9-101). Under the eviction law, landlords must follow certain strict requirements before they can evict a tenant. The landlord must first give the tenant proper notice of any breach of the lease agreement. If the tenant, for example, has failed to pay rent in accordance with the lease agreement, then the landlord must provide the tenant a five-day notice before the landlord can legally file an eviction action. The notice must comply with the strict requirements of the eviction law. The failure to strictly comply with the notice requirements will result in the eviction case being dismissed, which means that the landlord must start the eviction process all over again. If the tenant has breached the lease agreement for any reason other than non-payment of rent, the the landlord must give the tenant a ten-day notice to cure the breach or otherwise the landlord may consider the lease agreement terminated and file eviction proceedings. If the tenant has not breached any term in the lease agreement, but the landlord still wants to evict, then the landlord must give the tenant 30 days’ notice for a month-to-month tenancy, or 60 days’ notice if the lease is from year to year.
If the property is in Chicago, then the landlord must also comply with the Residential Landlords and Tenants Ordinance, found under section 5-12 of the Chicago Municipal Code. Under the ordinance, tenants receive a more protection such as ensuring that the landlord keeps the property in a fit and habitable condition. Unlike state law, the Chicago ordinance allows a tenant to withhold payment of rent only under certain limited circumstances. Generally, this is not allowed. The ordinance applies only to those buildings in which the owner does not occupy the property and the property has more than six units.
Even without the Chicago ordinance, tenants can still ensure that repairs to the property are made as long as proper notice is given to the landlord under the Residential Tenants’ Right to Repair Act (765 ILCS 742). To ensure compliance, the the tenant must give the landlord notice, by certified or registered mail, of the tenant’s intention to correct the defect, and if the landlord does not correct the defect within 14 days after receiving notice, the tenant may have the defect repaired at the landlord’s expense. The work must be done in a worklike manner by an appropriate tradesman or supplier, and in compliance with applicable law. After submitting a paid bill to the landlord, the tenant may then deduct from his or her rent the amount indicated on the bill.
DISCLAIMER: The above is not to be construed as legal advice nor the creation of an attorney-client relationship. Each case will depend on its own facts.