This section will explain what your rights are when you move into and out of an apartment. Moving can be difficult and stressful. Knowing your rights can help you solve many problems that come up, and keep you protected under the law.

What should I get in writing from my landlord?

When you agree to rent an apartment, either by a written or oral lease, your landlord or the person making the agreement must give you: the name, address and telephone number of the owner or manager of the building, and the name of the person who is to be given notices and demands from you. You should get a written receipt for any security deposit paid. If your landlord promises to fix anything, try to get this in writing.

What if the person making the agreement does not give me the name, address and phone number of the owner or manager?

If the person making the agreement does not give you the name, address and phone number of the owner or manager, then that person is responsible for accepting any notices or messages from you. In addition, after giving 14 days written notice to the person making the agreement, if you have still not received the information you may terminate the agreement and/or sue your landlord for one month’s rent and reasonable attorney’s fees.

How can I know if my landlord has been sued for bad conditions of the building?

Your landlord must inform you in writing of any suits brought against the landlord in the past 12 months to enforce the housing code. This must include a list of the code violations involved and the case name and number. You can also go to the Daley Center, room 601, and look in the civil court index under your landlord’s name or the building address to see if your landlord has been sued for building code violations and to find out the next court date. If your landlord does not give you this information, then you can sue for one month’s rent or damages, whichever is greater, plus attorney’s fees.

What if my landlord sells the building?

You must be informed in writing of the name, address and telephone number of the new landlord/manager or person to be given notices from the tenants. Your lease agree including security deposit, must be honored by the new landlord.

Can my utilities legally be turned off without my knowing?

No. Both before and during your rental agreement, if the City of Chicago or the utility company plans to turn off any of the utilities in your building such as gas, water, electricity or any other service, the landlord has to tell you in writing. The notice must tell you what services are going to be turned off, when, and what part of the building is going to be disconnected. For further information see the “Heat and Other Utilities” sections.

Do I have to pay a security deposit?

This depends on your agreement with your landlord. For more information, see the “Security Deposits” sections.

What if my landlord will not let me move in?

The landlord must let you move in if you have an agreement (oral or written) allowing you to move in on a specific date. If the landlord is keeping you out, you do not have to pay rent until you move in.

Can I sue my landlord for not letting me move in?

Yes. If you cannot move into the apartment after your landlord agreed to rent to you, there are two things you can do:

1.       You can send a written notice to your landlord describing the problem and telling the landlord that the lease is canceled. Keep a copy of your letter. If the landlord does not return your rent and security deposit, you can sue, for this money; or

2.       If you still want to move into the apartment, send a written notice to the landlord saying that YOU want to move in. Keep a copy of your letter. If the landlord does not let you in, you can sue for possession of the apartment and costs of substitute housing.

If the landlord did not have a good reason for not letting you move in, you can sue and may get two months’ rent, or twice the costs of your damages and reasonable attorney’s fees.

What should I do if I think the landlord refuses to rent to me because of my sex, race, religion, etc.?

In Chicago it is illegal for a landlord to refuse to rent to you because of your sex, race, religion, nationality, disability (mental or physical), parental status, marital status, age, unfavorable military discharge, sexual orientation or lawful source of income, regardless of whether the landlord lives in the building or not. Complaints of discrimination can be filed with the Chicago Commission on Human Relations 312-744-4111 or 312-744-1088 (TDD), in some cases a complaint can also be filed with the Illinois Department of Human Rights or HUD. Through the complaint process or court the landlord may be ordered to rent you the apartment, pay fines, pay you damages and attorney’s fees>

Can a landlord refuse to rent to me because I have children?

Federal, state and Chicago laws make it illegal for a landlord to deny someone housing based on the fact that you have children living with you. You have the same right to pursue a complaint as described above. The Lawyers’ Committee for Better Housing, 312-347-7600, provides free legal assistance for people who have suffered discrimination based on parental status.

Do I have to tell my landlord I am moving out?

If you have a month-to-month tenancy, you must give your landlord 30 days notice that you are moving out, or you could get charged for the rent to the end of the next month. You have a month-to-month tenancy if you do not have a lease with a specified end date and pay rent monthly. If you have a lease that states a specific length of time for you to live in the apartment, you cannot break that lease agreement by simply telling your landlord you are going to move. If your written lease has an expiration date, you do not have to tell the landlord you are moving out on that date. For more information see the "Leases" section.

Is there anything I can do before I move to make sure I get my security deposit back?

You should leave the apartment in the same general condition it was when you moved in. If a landlord illegally keeps your deposit the only way to get it back is to sue the landlord. In court you will want proof that the apartment was not damaged, so it is a good idea to take pictures of the apartment to verify its condition. You should also request the landlord to walk through the apartment with you when you are moving out and sign a statement to its condition. This kind of checklist is also good to do with the landlord when you first move in. Don’t forget to turn in the keys as soon as you are moved out.

Can the landlord lock me out of my apartment?

No. Your landlord cannot lock you out of your apartment to make you move or interfere with your apartment in any way, such as removing your doors, cutting off your utility services, or removing your property.

Can my landlord rent my apartment to someone else if I am not living in it?

As long as the rent is paid up, the apartment belongs to you. Your landlord can determine that you do not live in your apartment any longer if:

·         you tell your landlord you are not returning; or

·         all the people entitled to live in the apartment have been gone for 32 days and the rent is not paid; or

·         most of your property has been moved out, and all of the people entitled to live in the apartment have been gone for 21 days (or one rental period if rent is paid more than once a month) and rent is not paid.

What if I leave my property in my apartment?

If you move out of the apartment or the lease runs out and you leave personal property there, the landlord must leave the property in the apartment or store it somewhere safe for 7 days. If the property is not worth the cost or storage or if the property would spoil, the landlord can throw it away immediately.