Responsibilities of the Tenant
 This section will
explain what your duties are as a tenant. Both you and your landlord have
certain duties required by the lease and the Chicago Landlord-Tenant Ordinance.
It is important for you to know what your responsibilities are and that you be
aware of what your landlord may require of you.
What
conditions in my apartment am I responsible for?
You must keep the
apartment as safe as possible. You must not intentionally or carelessly
destroy, deface, damage or remove any part of the apartment or building. You
must also insure that your guests do not cause any damage.
Am I
responsible for appliances that do not work?
If your landlord
supplied the appliance, you are not responsible to repair it unless you, your
family, or guests used it in an unreasonable way. For more information on
getting needed repairs, see section on “Rent Withholding and Repair and
Deduct.”
Am I responsible for
what other people do to the apartment or building?
Only if you invited
the people into the building. When you have guests over, you are responsible
for their behavior and can be held liable for damages they may cause.
What duty do I
owe my neighbors?
You, your family and
guests must not disturb your neighbors or damage any of the areas in the
building you share with them.
What if I do
not meet my duties as a tenant?
If you do not meet
your duties under your lease or the city law, the landlord can end your lease,
sue you for damages caused to the building, or have the problem fixed and
charge you for it.
What can I do
if my neighbor is so noisy that I want to move?
It
is not an easy situation to deal with when you have noisy neighbors. There are
a number of steps to take to try to resolve the problem.
1.
Talk to the neighbor;
2.
Complain to the landlord in writing and get other neighbors
to complain to the landlord;
3. Call the
police and file a complaint;
4. Seek a third
party to mediate between you, the landlord, and the noisy tenant;
5. Call the
Center for Conflict Resolution for information on conflict mediation at
312-922-6464.
How
much notice do I get if my landlord wants to evict me for bothering my
neighbors?
If
you have a lease, your landlord has to send you a written notice telling you
what the problem is. The notice must give you 10 days to fix the problem. If
you have not fixed it within the 10 days, your lease is ended and the landlord
can sue you for eviction. You want to be able to prove that you fixed the
problem, a copy of a letter to the landlord stating that you have taken care of
the problem can be used as proof.
If
you disturb your neighbors again within 60 days after the notice, your landlord
can cancel your lease by giving you a written 10-day notice. After this 10-day
notice expires your landlord can sue for eviction. Your landlord can also get a
court order to make you stop the conduct that is causing the disturbance.
Should I be
notified if my landlord ends my tenancy?
Yes. If the landlord is ending your
tenancy, you must first receive a written notice. For lease violations you
would receive a notice giving you 10 days to fix the problem. For nonpayment of
rent, you would receive a notice giving you 5 days to pay rent. In a
month-to-month situation, you would receive a 30 day notice to move. If you do
not comply with the notice, the landlord can sue for eviction. For more
information see the “Evictions” section.
When must I
let my landlord in my apartment?
You
have to let your landlord in:
·
to make or provide necessary or agreed repairs, decorations,
changes, services or improvements; or
·
to show the apartment to a possible tenant if it is less
than 60 day before the lease ends; or
·
when it is necessary to make repairs or maintenance in your
apartment or other parts of the building that unexpectedly require that the
landlord enter; or
·
to conduct inspections by government agencies; or
·
to determine if you are living up to your rental agreement;
or
·
in case of emergency.
How much time do I
get before my landlord can come into my apartment?
Your landlord has to
give you at least two (2) days notice before coming in, except in case of an
emergency, or when repairs to other parts of the building make it necessary.
Your landlord can tell you by telephone or by written notice. Unless you agree otherwise,
your landlord must set a time to enter between 8:00am and 8:00pm.
Can my
landlord come in if there is an emergency?
Yes. Your landlord
may come in because of an emergency without a prior warning, but the landlord
must tell you about being in the apartment within two (2) days after entering.
What if I think my
landlord is coming into my apartment to harass me?
You can either sue to get an order to
make the landlord stop, or you can seek to end the lease. If you want to end
the lease, you must give your landlord a 14 day notice to stop the harassment.
If your landlord does not stop with the 14 days, the lease is ended. You may be
able to sue and get one month’s rent or twice the amount of damage suffered
(whichever is more) because of your landlord’s actions and lawyer’s fees.
If
you believe the landlord is entering your apartment as a means of sexual
harassment, there are additional actions you can take against the landlord. For
more information call the Lawyer’s Committee for Better Housing at 312-347-7600.
What if I do
not let the landlord in?
If you do not let the
landlord in, even after receiving proper notice, the landlord can take legal
action against you. The landlord can go to court and get an order telling you
to let them in, or choose to end your lease. If your landlord ends your lease
you must be told why and given 10 days to let your landlord into the apartment.
If you do not let your landlord in, the lease is ended and you can be evicted.
Also, your landlord can sue for any costs caused by your refusal to let them in
and for lawyer’s fees.
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