As this blog has discussed before, every state in America has laws designed to regulate the interactions between landlords and tenants, and, in Chicago, these relationships are by governed by the Chicago Residential Landlord Tenant Ordinance (“RLTO”), codified at Title 5, Chapter 12 of the Municipal Code of Chicago. The RLTO, in collaboration with Illinois state law, establishes the procedure by which a landlord can evict a tenant and under what circumstances. Eviction is the process by which a tenant is legally removed from a rental property by the landlord.
The RLTO and Illinois Compiled Statutes (ICS”) both require a landlord to give a tenant written notice of his or her intent to evict the tenant and, in most circumstances, an opportunity to remedy the problem giving rise to the eviction. The type of notice required depends on the landlord’s grounds for terminating the tenancy. Although there are different types of notices with different requirements, all notices must accurately describe the premises in question.
Notice For Nonpayment Of Rent
The most common reason for a landlord’s initiation of eviction proceedings is the tenant’s non-payment of rent. Pursuant to 735 ICS 5/9-209, when a tenant fails to pay rent the date due, prior to terminating the lease, the landlord must serve a notice on the tenant informing him or her that the lease will terminate in five days unless rent is paid in full.
Notice For Violation Of A Lease Provision
Pursuant to 735 ICS 5/9-210, in the event a tenant violates a term of the lease other than a rental provision, the landlord is required to serve the tenant with a notice describing the tenant’s alleged breach of the lease and providing the tenant with ten days to remedy the breach. This provision is mirrored by Section 5-12-130(b) of the RLTO. Under both provisions, the landlord is permitted to terminate the lease if the tenant’s breach is not remedied within the ten day window.
The RLTO also has a special procedure by which a landlord can terminate a tenancy when the tenant is engaging in some activity that disturbs the neighbors. Under Section 5-12-130(d) of the RLTO the landlord is required to serve the tenant with a notice describing the tenant’s improper behavior and providing the tenant ten days to cease and desist. Under this provision, however, in the event the tenant causes another disturbance within 60 days, the landlord has to right to serve the tenant with another ten day notice with no right to cure afforded to the tenant.
How Service Of A Notice Must Be Made
735 ICS 5/9-211 generally permits service of a notice in the following three ways:
Personal service on the tenant;
Personal service on someone at the tenant’s home that is older than thirteen;
Mailing to the tenant by certified or registered mail, with a return receipt from the tenant;
If the premises are uninhabited, the landlord may post the notice on the door.
Immediate Possession Of A Premises
Under certain circumstances, a landlord is entitled to serve a notice demanding immediate possession of the premises. A landlord is entitled to serve notice of immediate possession if: (1) a public housing authority is attempting to evict the tenant for engaging in criminal activity; (2) the owner of Section 8 or other HUD-subsidized housing is attempting to evict a tenant for refusing to permit inspection of a premises twice in a 30-day period,; and (3) the landlord has terminated the lease agreement because the tenant has used the premises for the commission of a felony or Class A misdemeanor.
If you have questions regarding the provisions of the RLTO or ICS regarding the service of termination notices, or believe you have been the victim of the unfair practices of a landlord, contact the experienced real estate attorneys at The Slater Firm, Ltd. today.