Residential Landlord and Tenant OrdinanceMunicipal Code Title 5, Chapter 12Case Law Prepared by: The Legal Assistance Foundation of Metropolitan ChicagoNovember 20, 2006

This case law summary is intended to provide a general overview for tenants and

landlords on how the courts have interpreted various provisions of the RLTO; however, it is not asubstitute for advice from a lawyer. If you have any questions regarding how the law applies tothe particular facts of your case, you should consult an attorney.

Table Of Contents

§ 05-12-010 Title, Purpose Scope..................................................1§ 05-12-020 Exclusions..........................................................1§ 05-12-030 Definitions..........................................................2§ 05-12-080 Security Deposits.....................................................2§ 05-12-100 Notice of Conditions Affecting Habitability................................5§ 05-12-110 Tenant Remedies.....................................................5§ 05-12-140 Rental Agreement....................................................7§ 05-12-150 Prohibition on Retaliatory Conduct by Landlord............................7§ 05-12-170 Summary of Ordinance Attached to Rental Agreement.......................8§ 05-12-180 Attorney’s Fees......................................................8RLTO Generally................................................................9

§ 05-12-010, Title, Purpose, and Scope

Liberal Construction

As the purpose of the RLTO is to protect and promote the public health, safety, andwelfare of its citizens and to establish the rights and obligations of landlords and tenants, it shall be liberally construed. Friedman v. Krupp, 282 Ill. App. 3d 436, 443; 668 N.E.2d 142, 147 (1stDist. 1996); Accord, Allen v. Lin, 356 Ill.App.3d 405,412; 826 N.E.2d 1064, 1069 (1st Dist.2005) (stated purpose of RLTO is primary guide in statutory construction).

§ 05-12-020, Exclusions

Six Dwelling Unit Limit of Sub-Section (a) Determined by Total Number of Dwelling Units Not Rented Units

To fall within the exemption of this section, a building must have six or fewer totaldwelling units. If a building has seven units, but only six or fewer are occupied at the time of rental, the RLTO still applies. A “dwelling unit” is defined § 05-12-030(a). Meyer v. Cohen,260 Ill. App. 2d 351, 632 N.E.2d 22 (1st Dist. 1993).

Six Dwelling Unit Limit of Sub-Section (a) Exemption Must be in Separate Buildings.

A “building” “means a structure, or part thereof, enclosing any occupancy includingresidential

. . .

[w]hen separated by a firewall, each unit so separated shall be deemed a building.”Allen v. Lin, 356 Ill.App.3d 405, 412; 826 N.E.2d 1064, 1069 (1st Dist. 2005) (citing to Chic.Muni Code, 13-4-010). Thus, a tenant in townhouse, located on a row of 6 townhouses, only twodoors removed from the landlord’s townhouse, is still covered by the RLTO since eachtownhouse is a separate building.

“Life Care Facilities” Licensed Under the Life Care Facilities Act Qualify as “Extended Care Facilities” Under Sub-Section (c).

“Life Care Facilities” licensed under the Life Care Facilities Act, 210 ILCS 40-2(d) (West1998), qualify as “Extended Care Facilities” under § 05-12-020(c). Antler v. Classic Residence,315 Ill. App. 3d 259, 267; 733 N.E.2d 393, 399 (1st Dist. 2000).

“Landlord” status is not removed simply by transferring title if there is a notice obligation.

A landlord who sells his property is not relieved of his statutory obligations (e.g. SecurityDeposit issues) since a transferor can remain jointly and severably liable until the selling landlordsatisfies any notice requirements under the RLTO (e.g. 5-12-080(e)). Starr v. Gay, 354Ill.App.3d 610, 616; 822 N.E.2d 89, 94 (1st Dist. 2004).