HomeMy WebLinkAbout93-0401 Tenant Landlord Handbook 83- 04°\
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Tenant/ Landlord
Handbook
1 1993
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Revised April, 1993
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EN NM HEM ME IMM1 MI M EZM ina
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TABLE OF CONTENTS
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ICHAPTER 1 INTRODUCTION 1
ICHAPTER 2 LOOKING FOR AN APARTMENT 2
A. Finding an Apartment 2
I 1 . Deciding What You Need 2
2 . Places to Look for Vacant Apartments 2
B. Selecting an Apartment 3
Il . Examining the Apartment 4
2 . Utilities5
3 . Services 6
ICHAPTER 3 REFUSALS TO RENT: HOUSING DISCRIMINATION 7
I A. Introduction 7
B. What the Laws Forbid 8
C . What To Do If Discrimination Occurs 10
1 . Adminstrative Remedies 10
I2 . Civil Actions 12
11 CHAPTER 4 ORAL AND WRITTEN LEASES 13
A. Introduction 13
B. Oral Versus- Written Leases 13
IC. Oral Agreements Prior to a Written Lease 13
D. Negotiating Lease Terms 14
E . Security Deposit 15
I F. Pros and Cons of Signing a Lease 15
G. Common Provisions of Leases 16
1 . Condition of the Apartment 16
I 2 . Use of the Apartment 16
3 . Alterations to the Apartment 16
4 . Rent Payments 17
I 5 . Waiver of Warranties 18
6 . Subletting the Apartment 18
7 . Fire and Casualty 18
8 . Lock-Out Clause 19.
I 9 . Penalty for Not Moving Out 19
10 . Payment of Rent After Eviction 20
11 . Waiver of Termination Notice 20
II . 12 . The "Exculpatory Clause" 20
13 . Confession of Judgement Clause 21
14 . Abandonment 21 .
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15 . Waiver of Jury Trial 22
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16 . Rules and Regulations 2211
17 . Attorney' s Fees 22
18 . Termination Clause 23
19 . Condominium Conversion 23
H. Landlord' s Failure to Enforce a Lease II
Provision 23
I . Discriminatory Enforcement of Rules 23
J. Alternative Form Lease 2411
CHAPTER 5 . THE CONDITION OF THE APARMENT: RIGHTS AND
OBLIGATIONS OF THE LANDLORD AND TENANT 25 II
A. Introduction 25
B. What Do Leases Say About Building Conditions? 25III
C. The Elgin Housing Code 26
1 . Landlord' s Responsibilities 26
2 . Tenant ' s Responsibilities 28
D. What Tenant Can Do to Get the Landlord to
Make Repairs 28
1 . Contact the Landlord 29
2 . Keep Records 29 II
3 . Get Other Tenants Involved 30
4 . Filing a Complaint 31
E . Other Tenant Remedies For Defective Housing3111
1 . Sue the Landlord - excess Rent 31
2 . Withholding Partial Rent 32
3 . Repair and Deduct 32111
4 . Pay Utility Bill and Deduct From Rent 33
5 . Move Out 33
6 . Sue for Damages 33
7 . Remedies for Lead Poisoning 33 11
8 . Complain to the State' s Attorney 34
9 . Ask to Have Real Estate Broker License
Revoked 3411
F. A Landlord' s Remedies Against Destructive
Tenants 35
1 . Have Tenant Make Repairs 35ill
2 . Make Repairs and Charge Tenant 35
3 . Sue Tenant for Damages 36
4 . Evict Tenant 36
5 . Call the Police / Fire Complaint 36 11
CHAPTER 6 OTHER RIGHTS AND OBLIGATIONS DURING OCCUPANCY 37 ii
A. Payment of Rent 37
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IB. Rent Level 37
C. Rent Raises 38
D. Landlord Remedies for Non-Payment of Rent 38
Ii . Start Eviction Proceedings 38
2 . Sue Tenants for Rent 39
3 . Distress for Rent 39
I E. Use of the Apartment 40
F. Number of Occupants 40
G. Condominium Conversion 40
CHAPTER 7 LEASE RENEWALS 42
I A. Introduction 42
B. Rent Raises 42
C. Refusals to Renew a Lease 43
IID. Security Deposit 43
CHAPTER 8 TERMINATING THE TENANT-LANDLORD RELATIONSHIP 44
IA. Introduction 44
B. Tenant Wants to Move Out 44
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1 . Moving Out At the End of the Lease 44
a. Notice to Landlord 44
b. Living Out Security Deposit 45
I c . Security Deposit Refund 45
2 . Moving Out Before the Lease Expires 46
a. Contacting the Landlord 46
b. Subletting the Apartment 47
I c. Lease Cancellation 47
C. Landlord Wants the Tenant to Move Out 48
1 . At the End of the Lease 48
I D. Eviction Procedures 49
1 . Grounds for Eviction 50
2 . How Long Does the Eviction Process
Take? 50
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3 . Termination of Tenancy Notice 51
4 . Serving of the Termination Notice 52
5 . What a Tenant Should Do if He Gets a
I Termination Notice 52
6 . Filing an Eviction Law Suit 53
7 . What the Tenant Should Do If He Receives A
Summons 53
8 . Routine Eviction Defenses 54
9 . More Complicated Eviction Defenses 54
10 . The Eviction Trial 55
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11 . Court Orders 57
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12 . What the Tenant Should Do If He Misses
the Trial 58
13 . Settling the Case Before the Trial 59
E. Lock-Outs 60
1 . Innkeeper Statute 60
2 . Remedies for Illegal Lock-Outs 60
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CHAPTER 9 SUBSIDIZED HOUSING 62
A. Introduction 62 0
B. FHA Rental Housing: 236 Program 62
1 . Admission Requirements 63
2 . Amount of Rent Due 630
3 . Rent Raises 64
4 . Form Leases' 66
5 . Evictions 660
C. Public Housing 67
1 . Eligibility 67
2 . Rent Calculation 68
3 . Reporting of Income 68 0
4 . Evictions 69
5 . Rent Withholding 70
D. Section 8 Rental Assistance Program 7011
1 . Income Limits 71
2 . Certificate and Voucher Availability 71
3 . Finding an Apartment or House to Rent 72
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E . Prohibition of Federal Housing Rent Subsidies
to Illegal Aliens 73'
F. Illinois Housing Development Authority 73
G. Small Claims Court Procedures 74
1 . Filing the Case 74
2 . Hearing 74
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CHAPTER 10 APPENDIX 75
A. Where to Go For More Information or Il
Assistance 75
B. Forms 76
1 . 5-Day Notice - 76 Il
2 . 10-Day Notice 77
3 . Housing Discrimination Complaint Form 78
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CHAPTER 1: INTRODUCTION
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The purpose of this manual is to inform the
apublic about Illinois tenant-landlord law.
and to improve the manner by which disputes
between landlords and tenants are settled.
By explaining the rights and duties of both
landlords and tenants we hope to encourage
more negotiated settlements of landlord-
tenant disputes where a fair and equitable
basis for negotiation exists . It is our
hope that information provided in this
Handbook will result in a reduction of
aillegal practices such as lock-outs and
destruction of property.
The material presented in this booklet is
intended to provide you with important
' information, but it should not be considered
a legal document; therefore, if you have
specific legal questions, we recommend that
' you consult an attorney.
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CHAPTER 2: LOOKING FOR AN APARTMENT
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This chapter deals with the various aspects of obtaining a rental
housing unit. El
A. FINDING AN APARTMENT El
1. Deciding What You Need
Before you begin searching for an apartment, you should decide what
your needs are by answering the following questions :
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* What size apartment do I . need? How many bedrooms should it have?
How many bathrooms? How much storage space?
* Where do I want to live? Close to work, school, and
transportation?
* How much can I afford to pay for a place to live? Remember:
Besides the rent, you may have to pay for utilities, ,such as
electricity, heat, water and sewer. Always find out what
utilities willbe included in the rent price. (See the next
section: "Selecting an Apartment" for details on utilities . )
* Do I want an unfurnished apartment or a furnished apartment? A11
furnished apartment is usually more expensive and harder to find
than an unfurnished apartment. Purchasing used furniture is
usually cheaper in the long run than renting a furnished
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apartment.
* If I rent in an apartment complex, does it matter to me which
floor I live on? 11
11 2. Places to Look for Vacant Apartments
There are several thingsyou can do to find an apartment:
* Start getting the local newspaper, especially the Sunday paper,
because it will have the most complete listing of apartments,
townhouses, and houses for rent.
* Contact your friends, relatives, and neighbors and let them know
that you are looking for an apartment.
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LOOKING FOR AN APARTMENT
* Tell the people that you work with that you are looking.
* Talk to janitors and managers of apartment buildings in the area
where you would like to live.
* Contact real estate agencies . Several real estate agents own
rental
property and some agencies will look for tenants for their clients .
You may decide to use an Apartment Finding Agency. They usually
charge you a fee and offer you a list of available apartments .
Sometimes tenants have problems with these agencies, because the
11 apartments they have been referred to are already rented, in poor
condition, or do not exist. If you've contacted such an agency and
have run into these problems, you can file an complaint with one of
the following:
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State Department of Registration and Education,
(Professional Regulations Department)
phone: 312/814-4500; or
' Consumer Fraud Division of the Attorney General ' s
Office, phone 312/814-3000 .
B. SELECTING AN APARTMENT
Once you have located possible apartments (rental units) , contact
each of the landlords to see if the unit is still for rent. If so,
make an appointment to examine each of them. Your choice of an
apartment will depend on a number of things, in particular, the
answers to the questions at the beginning of this chapter.
As a general rule, you should find out what you are getting for your
money. Don't be afraid to ask questions ! If you plan to have a
' written lease, be sure to get the answers to these questions included
in your lease, because the law provides that any oral promises made
prior to executing a lease agreement are unenforceable unless they
are put into the lease. (See Chapter 3 for a further discussion of
this rule. )
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LOOKING FOR AN APARTMENT
1. Examining the Apartment
When you are examining the rental unit, be sure to allow yourself
enough time to check everything. Each room should be checked for its
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current or "move-in" condition. If you do come across any defects,
you need to bring them to the attention of the landlord and ask if
they will be repaired. Any promised repairs should be included in
the lease agreement. If the landlord agrees to do something, but
will not agree to include it in the written lease, this should give
you an indication of his unwillingness to act in good faith. In
addition, you can be liable for any unmentioned defects if you sign a 0
lease that does not include such a clause.
The following is a basic list of those things which you should check
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before agreeing to rent an apartment.
* Make sure there are working smoke detectors .
* Make sure the doors, locks, and windows are working properly.
* Check the bathroom and kitchen plumbing for leaks .
* Look for water marks on the ceilings; this may indicate leaks .
* Check to make sure that every sink and bathtub are properly
connected to both hot and cold water.
* Check the cleanliness of the apartment, especially carpet, stove,
refrigerator and walls .
* Make sure the closet and storage spaces are adequate for you needs .
* Be sure that the number and locations of electrical outlets are
adequate.
* If there are any light bulbs out, you may want to know more about
the electrical system. You should find out if there is a circuit
breaker box, or if‘ the electrical system uses fuses .
* Check to see that there is proper ventilation.
• If there are public hallways and stairways, be sure they are
adequately lighted.
* If the apartment is furnished, check the condition of the
furniture and bring any damage to the attention of the landlord.
* Check to see if the apartment is in need of painting or other
decorating. If so, find out who will be responsible for this .
Get any agreement you make with the landlord in writing and signed
by both parties .
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LOOKING FOR AN APARTMENT
* Check all other facilities that may be included in your rent. For
example, laundry room, storage area, swimming pool, etc.
Remember, if you are aware of any problems before you sign a lease,
you can save yourself possible conflicts with your landlord • by
discussing them before you move into the apartment.
2 . Utilities
Find out everything you can about the utilities you' ll be responsible
for before you agree to rent an apartment. You can find out what
the deposits will be and get a rough estimate of what your monthly
bills will be by contacting the local utility companies .
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UTILITY COMPANIES
Electric: Commonwealth Edison
350 Second Street, Elgin
Toll Free: 1-800-334-7661
' Lineas End Espanol
Llame Gratis : 1-800-955-8237
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Natural Gas : Northern Illinois Gas Company
Customer Service Dept. - Elgin
' 697-5100
Telephone: Illinois Bell Telephone Company •
To Establish New/Add/Change Service/Disconnections
' 1-800-698-4200
Servicio Amigo
1-800-621-4533
Water: City of Elgin
150 Dexter Court, Elgin
931-5630
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LOOKING FOR AN APARTMENT
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It is important to find out what type of heat the apartment has and
whether or not you will have to pay for heat. If you do, your11
monthly costs can dramatically increase during the winter. If you
are renting a smaller building ( 6-8 units or less) , ask whether
electrical service for the halls and stairways is billed on your a
meter.
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3. Services
If the landlord has advertised any special services, such as a
security system, ask specific questions about its operation. Ask to
see it in operation if it is a mechanical system.
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Ask if there are any other services_ in your building or at the
complex such as a laundry room, storage area, TV antennae hook-up, or
parking. Be sure to find out if there are any charges for these
"amenities . " Also, ask if the major kitchen appliances come with
the apartment and who must pay to have. them fixed.. Finally, find out
about the building' s method of collecting garbage' and about any
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recycling provisions that exist.
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CHAPTER 3: REFUSALS TO RENT / HOUSING DISCRIMINATION
A. INTRODUCTION
Once you have found a place to rent, what should you do if the
landlord refuses to rent to you? Some refusals are legal . For
example, if your family is too large for the apartment you want, the
landlord may be violating a local building code by renting to you.
Or, after checking your credit rating and bank references, the
landlord may decide that you would be unable to pay the rent.
It is illegal for a landlord to refuse to rent to you because of
your race, color, religion, national origin, sex, age, ancestry,
physical or mental handicap, marital status, or because . you have
children under the age of 18 . Several laws protect you from these
11 forms of discrimination and provide you with remedies . Different
federal, state, and local laws exist and each one varies somewhat.
Some laws allow you to sue to obtain the apartment, while others
punish the person who discriminated against you. In some cases, you
could file a complaint yourself, while in others you should hire an
attorney.
' Occasionally, a landlord will admit that he discriminates by saying,
"I don't rent to single women" or "I don' t rent to families . "
Although this may happen, usually the landlord will not openly admit
such things . Instead, a landlord will prevent you from renting the
apartment or house by doing one of the following:
' 1 . Advertise an apartment, but say it' s already rented when you show
up to apply.
2 . Take your application, but delay in acting on it and then say
someone else had applied and been accepted. The landlord may
say that his wife or another employee took an application that
1 he didn't know about when you came to apply.
3 . Impose conditions on renting the apartment to you, but not to
' others . For example, tell you that the security deposit is
higher than what it is for others, or tell you a credit check
will need to be done when in fact he doesn't ask it of others .
' 4 . Ask you questions and then tell you that he will get back to you
to make an appointment, but never does .
' 5 . Tell you that someone just rented the apartment, but there might
be one available in a few months .
' This list is only a sampling of discriminatory techniques, and
there may be valid reasons for each of these actions in a
' specific situation. But if one of these actions is taken against
you, or something similar, and you find out that there are no
people like yourself who are tenants in the building ( for
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REFUSALS TO RENT / HOUSING DISCRIMINATION
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example, no other minorities or women or families with children) ,
then you might have been discriminated against. El
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B. WHAT THE LAWS FORBID
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The laws which forbid discrimination in renting (or in the purchase
of real estate) are discussed briefly in this section. The next
section will explain where to go for more help or assistance in
filing a housing discrimination complaint.
There are laws which protect you if you believe that you may have
been discriminated against because of one or more of the following
which may apply to your
Race Color National Origin
Sex Religion Ancestry
Age Creed Familial Status ( families
Marital Physical or . with children under age
Status Mental Handicap 18, or pregnant)
Specific laws which prohibit discrimination include:
1. The Civil Rights Act of 1866
This federal law protects persons from discrimination in housing
because of the person' s race. . In order to enforce the provisions of
this law, an aggrieved person should contact a lawyer about filing a
lawsuit against the landlord or owner in federal court.
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2. The Civil Rights Act of 1964
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Under_ this federal law, all persons are entitled to the full
enjoyment of goods, services, facilities, privileges, advantages, and11
accommodations of any place of public accommodation without
discrimination or segregation on the grounds of race, color,
religion, or national origin. ii
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REFUSALS TO RENT / HOUSING DISCRIMINATION
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3. Title VIII of the Civil Rights Act of 1968
Amended in 1989, this federal law now prohibits discrimination in
housing because of a person' s race, color, religion, sex, handicap,
familial status, or national origin. The law also requires landlords
to allow a tenant to modify an apartment in order to accommodate a
handicapped condition.
Besides providing for enforcement of the law, the new provisions of
' this law require that if an agency investigates a complaint and finds
that there is reason to believe that discrimination occurred, the
agency must offer the complainant an opportunity to choose to take
civil action (go to court) against the landlord, or to pursue an
administrative remedy. (These options are discussed further in the
next section of this chapter. ) If the complainant opts to pursue a
civil action under these circumstances, the agency must pursue the
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The law also provides that if an apartment building has rules and
' regulations that would keep a tenant from living there because of a
handicap, the rules must be modified for that tenant. For instance,
if a blind person owns a guide dog and is a qualified tenant, a
landlord cannot refuse to rent to him or her because there is a "no
pets allowed" rule.
To obtain further information about the newest provisions of the
' Civil Rights Act of 1968, contact the Human Resources Department at
City Hall ( 931-5618) or a member of the Human Relations Commission.
4. TherIllinois Human Rights Act
State law prohibits discrimination in housing on the basis of race,
color, national origin, religion, sex, marital status (being married,
single, divorced, or widowed) , handicap, or because a prospective
tenant has children under the age of 18 . Persons who believe they
are aggrieved can file a lawsuit in a state court or file a complaint
with the Illinois Human Rights Commission.
5. The City of Elgin Human Relations Commission Ordinance
In the City of Elgin' s Human Relations Commission Ordinance, the fair
housing section prohibits discrimination in housing on the basis of
race, color, religion, national- origin, sex, ancestry, marital
status, or handicap. Pending amendments to the ordinance which are
likely to be adopted by the City Council in early 1991 would also
protect persons on the basis of familial status .
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These are the most significant laws pertaining to housing
discrimination. There are many others, covering such things as equal
credit opportunities, credit reporting, obtaining a mortgage, etc.
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C. WHAT TO DO IF DISCRIMINATION OCCURS
If you believe that you have been discriminated against, you can and
should do something about it. Remember that the laws are different
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and have different purposes . Before taking any action, you should
determine whether or not you are protected by existing fair housing
laws . There are several remedies available. They fall into two
basic categories : 1) administrative remedies and 2) civil actions.
They are explained below.
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1. Administrative Remedies
If a person believes that he has been refused housing because of his
race, color, religion, national origin, sex, ancestry, marital
status, familial status, or handicap, he does not have to get a
lawyer and go to court in order to make the landlord comply with the
law. In order to better enforce civil rights laws pertaining to
housing, the federal government established administrative procedures11
which a person can take when seeking relief due to a discriminatory
housing practice.
Similarly, state and local governments have adopted procedures and
laws which allow a person to go through more local administrative
channels to get a landlord to obey housing laws . Rather thanfile a
"lawsuit, " _ which generally requires the services of a lawyer, a11
person can file a "complaint" with an agency. In Elgin, the "agency"
where a person can file a housing complaint is the Human Relations
Commission. A Fair Housing Administrator is employed by the City of
Elgin to, assist the Commission in day-to-day operations, which
include receiving and investigating complaints .
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The Illinois Human Rights Commission is also an agency which accepts
housing complaints .The United States Department of Housing and Urban
Development accepts complaints, too. The City of Elgin has a
cooperative agreement with the Illinois Human Rights Department and
the U. S. Department of Housing and Urban Development (HUD) which
states that the Elgin Human Relations Commission will cooperate with11
them in handling complaints .
NOTE: COMPLAINTS MUST BE FILED WITHIN ONE YEAR FROM THE TIME THAT
THE ALLEGED DISCRIMINATORY HOUSING PRACTICE HAS OCCURRED.
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I When filing a complaint with an administrative agency, there are
several steps which will be taken to process the complaint:
a. Information from the complainant. The person filing the
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complaint will be asked to give as much information as
possible about the owner, landlord or manager of the rental
unit. The complainant will be asked to tell about the
I situation which occurred that has caused him to feel that he
was discriminated against. The more information the
complainant is able to give, the easier it will be to
Idetermine the facts involved.
b. Information from the respondent. The person that the
complainant has identified as being responsible for the
I discriminatory action will be notified and given an
opportunity to respond to the allegations .
I c. Information given to both parties . Both parties will
receive information regarding their rights and
responsibilities, including time frames and the agency' s
Iprocedure.
d. Investigation of the complaint. The administrative agency
will investigate the complaint., first, to determine that the
I agency has jurisdiction to handle the complaint. This means
that the administrative agency has to make sure that its
local laws apply to where the rental unit is located, and
I that the basis for the alleged discrimination - such as,
because of the marital status of the complainant is
covered by the local law. Next, the agency will make a
determination as to whether or not the allegations, if true,
Iwould constitute a discriminatory housing practice. If they
wouldn't, the complaint will be dismissed. If they would,
the administrative agency will investigate the complain to
I determine whether or not there is reasonable cause to
believe that discrimination did occur.
I e. Conciliation. During the course of the investigation, the
administrative agency will attempt to resolve the complaint
through informal conciliation. This means that the two
parties will be brought together so that they may work out a
mutual agreement to resolve the problem. The administrative
agent acts as a facilitator to these negotiations . He does
not participate in determining what either side should do or
Isay, although he may advise.
f. Filing a charge of discrimination. If a determination is
I made that probable cause exists to believe that
discrimination occurred, and the two parties cannot resolve
the problem through informal conciliation, the
I administrative agency will file a charge against the
respondent on behalf of the complainant. The charge will
include what the respondent must do to rectify the
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situation. In addition to remedies provided for the
complainant, the charge may include a penalty fee which is
paid to the agency in order to discourage future
discriminatory housing practices . The respondent must
comply with the provisions of the charge or risk a civil
action initiated by the agency. 111
2. Civil Actions
A civil action is commonly referred to as "filing a lawsuit. " Any 111
person who believes that he has been discriminated against for a
reason which is covered by any housing law, can take civil action
against the person or company he believes is responsible for the
discriminatory housing practice.
If a person decides to pursue a civil action on his own, he should 0
get a lawyer. NOTE: If an aggrieved person starts a civil action on
his own, an administrative agency cannot get involved, or if it is
already involved, it must discontinue further action. For example, a
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person goes to an administrative agency and files a complaint against
an owner of an apartment complex alleging that the owner refused to
rent to him because of his race, and during the investigation, the
person goes to a lawyer who files lawsuit against the owner. The
administrative agency is. required to stop its involvement at that
point.
On the other hand, if the administrative agency investigates the 11
complaint, finds probable cause that discrimination occurred and the
complaint is not settled by informal conciliation, the complainant
has a right to request that the agency continue to pursue the matter
in court.
For further information regarding' complaint processing procedures,
consult the Appendix of this handbook.
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CHAPTER 4 : ORAL AND WRITTEN LEASES
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A. INTRODUCTION
When you have decided that you want a particular apartment, you will
need to reach an agreement with the landlord about several things,
such as, how much the rent will be, how long you will live in the
apartment, and whether this agreement will be an oral agreement or a
written one.
This chapter will discuss oral and written -leases (agreements) .
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' B. ORAL VERSUS WRITTEN LEASES
A written lease is usually good for one year, and then it needs to be
renewed in writing by you and the landlord. A written lease protects
both the renter and the landlord, because it outlines what you can
expect from your landlord and what the landlord will expect from you.
If you want to rent an apartment for longer than one year, the
agreement must be in writing. For instance, if a landlord agrees
' to let you rent an apartment for two years and the two of you have
not agreed to this in writing, and the landlord changes his mind, you
cannot do anything about it. Likewise, if you were to change your
mind, the landlord has no remedy against you.
You can enter into an oral lease if you will be renting the apartment
' for one year or less . However, if your lease is an oral one, it 'is
usually month-to-month agreement and can be ended (terminated) by you
or the landlord with a 30-day written notice. If you and your
landlord decide not to execute a written lease, remember that with a
30-day notice you can be asked to move out.
C. ORAL AGREEMENTS MADE PRIOR TO A WRITTEN LEASE
The law says that once a written lease is signed, nothing agreed to
' before this lease was signed is legally binding unless it is put
into the written lease. For ,example, if the landlord promised to
paint the apartment within a week after you move in, and it is not
put into the lease which you have signed, then he does not legally
have to keep his promise.
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ORAL AND WRITTEN LEASES
The easiest way to include oral agreements in a written lease is to
attach a Rider to the lease. Both the lease and the Rider must be
signed by you and the landlord. Many leases are standard form-like
documents and have no place for special agreements you and the
landlord make, so adding a. Rider which states additional agreements
is easier to do.
If a standard lease is being used and there are certain things in it
that you or your landlord have agreed to cross out, or there are
words that you or the landlord are changing in the lease, each of
these changes must be initialed by both you and the landlord.
Do not sign a lease until the landlord does, or until you are both
together and can sign it at the same time. This will prevent
possible problems in the future.
D. NEGOTIATING LEASE TERMS
It is perfectly proper for a tenant to try to negotiate the terms
(provisions) of a lease. A written lease protects the tenant by
allowing him to remain in possession of an apartment for a fixed
period of time, so long as he complies with the requirements of the
lease.
Most standard leases have many clauses which try to limit or take
away certain rights which the tenant would have if he didn't sign the
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lease. The courts will enforce most of these clauses but not
others . (Specific clauses are discussed later in this chapter. )
Normally, it is difficult to negotiate with the landlord about
anything other than the rent and the length of the lease. If the
landlord is asking you to pay rent that you think is too high, you
can ask him if he' ll accept a lower amount. If the lease has a
clause which you don't like, ask the landlord to remove (delete) it
from the lease. If there' s a clause in the lease which you do not
understand, ask the landlord what it means, and if the landlord is
not clear on its meaning, ask that it be deleted.
One way of negotiating the provisions of the lease is to make written 11
changes on the lease, sign it and return it to the landlord. If you
do not hear from the landlord in several days, however, call him,
because unless the landlord signs and returns the changed (revised)
lease to you, there is no agreement and you' re left up in the air.
If there are several things which you would like changed, deleted, or
added to the lease, you should ask the landlord for a meeting where
14
ORAL AND WRITTEN LEASES
1
you an both make the necessary changes all at one time and sign it at
the same time.
1
E. SECURITY DEPOSIT
1
' The landlord will probably ask you to pay a security deposit as a
precondition for renting the apartment. There is no legal limit on
the amount that can be asked for as a security deposit, but it is
usually the amount of one month' s rent.
The security deposit is not a substitute for a rent payment; it is
a guarantee to the landlord that the renter will live up to his
obligations under the lease. The landlord holds the security deposit
during the term of the lease and he can use it to pay for any damage
to the property caused by the renter beyond normal wear and tear.
(See Chapter 8 : "Terminating the Landlord-Tenant Relationship" for
more information about security deposits . )
If you cannot pay the full amount of the security deposit at one
time, ask the landlord to let you pay it over a period of time.
1
F. PROS AND CONS OF SIGNING A LEASE
1
The purpose of a written lease is to protect both the renter and the
' landlord. For a landlord, the lease means that he has a tenant for a •
fixed period of time and a fixed amount of money that he can expect
to collect for that period of time. For the tenant, a lease
' guarantees him a place to live for a fixed amount of time for a fixed
amount of money, provided he abides by the terms of the lease.
' As a general rule, once you have signed a lease, both parties are
bound by it. There are a few exceptions to this rule, because there
are some clauses which a court will not necessarily enforce.
However, most clauses are enforceable.
' There are some reasons why a renter should not enter into a written
lease. For instance, if a renter believes that he may have a job
' transfer in a few months, he should not agree to sign a one year
lease unless it contains a clause which allows the renter to
terminate the lease with notice if he is transferred to another city
by his employer.
15
ORAL AND WRITTEN LEASES
You should read the lease carefully, or have an attorney advise you
about the lease' s meaning before you sign it. Following is a
discussion of several typical lease clauses (provisions) .
Special attention should be given to those which should not be in
your lease, because they are not enforceable by a court of law.
U
G. COMMON CLAUSES / PROVISIONS IN LEASES
11
1. Condition of the Apartment
Leases usually have a provision which states that the tenant ( lessee)
has "examined the apartment, " accepts its "present physical11
condition, " and agrees that the landlord has made no "promises
concerning the physical condition except those specifically set forth
in this lease. " This clause means that if the landlord has orally
promised to make certain repairs but has not written them into the
lease, he is not legally obligated to make the repairs . Thus, you
should make sure that any promises are put into the lease before you
sign it. Many leases have a box near the top for "additional
agreements and covenants" where you can list the repairs that the
landlord agreed to make.
The condition-of-the-apartment clause does not relieve the landlord
from complying with the requirements of the Elgin Housing Code. See
Chapter 5, Section C for a discussion of these requirements .
2. Use of the Apartment
Provisions stating that the apartment will be occupied solely as a
residence for the tenant 's family and that the tenant shall do
nothing to injure the property or to disturb his neighbors are
enforceable, so be sure to comply with them. Provisions, such as a
prohibition against the tenant ' s doing anything to "damage the
reputation of the building, " may not be enforceable because the
language is so vague.
3. Alterations to the Apartment
Lease provisions that prohibit the tenantfrom making alterations or
installing major appliances without the landlord' s permission are
16
1
ORAL AND WRITTEN LEASES
•
generally enforceable (note the exception discussed in the next
paragraph) . Provisions which state that alterations and additions
( including locks and bolts) shall remain as part of the apartment
unless the landlords agrees otherwise, are also enforceable. Always
get permission before you make any alterations and additions to the
apartment.
Exception: It is unlawful for a landlord to refuse to permit, at
the expense of a handicapped person, reasonable modifications of
existing premises occupied by a handicapped tenant, if the
alterations are necessary. However, the landlord may, where it is
reasonable to do so, include a provision in the lease which would
require the tenant to restore the interior of the premises to the
condition that existed before the modifications, except for
reasonable wear and tear.
4. Rent Payments
' There will be a provision in the lease which states the amountof
rent and when it will be due each month. Sometimes there will also
be a provision for a late payment. For instance, if the rent payment
is not paid on its due date, or within a certain number of days, the
renter must pay a late charge. If the due date that is specified in
the lease is not convenient foryou because of when you receive your
tpaycheck, then ask the landlord if this date can be changed.
NOTE: If a late fee is mentioned in your written lease, that fee
cannot be raised by the landlord as long as your lease is still in
' effect.
Sometimes, there will be an automatic rent increase after a certain
' time. For example, the lease might say that after six months of 'the
twelve month lease the rent will be increased by a certain
percentage. If you sign the lease, this clause is enforceable. You
need to negotiate any changes in this before you sign the lease.
The lease should state where your rent is to be mailed and who it is
' to be mailed to, or who may receive your rent payment if you choose
to pay your rent in person.
i
' 17
El
ORAL AND WRITTEN LEASES
El
5. Waiver of Warranties
When a landlord rents an apartment, he must maintain it in
substantial compliance with the local building code. This legal duty
is called the landlord' s "implied warranty of habitability. " (See
Chapter 5 . ) An Illinois Supreme Court case (Spring vs . Little) which
held this to be true, also said that if the landlord fails to comply
with this "warranty" (legal duty) , or any express agreement to make
repairs, he cannot evict the tenant for withholding partial rent in
an amount representing the reduced value of the apartment resulting
from the landlord' s failure to make the repairs . H
Some leases have clauses which try to do away with the landlord' s
"implied warranty of habitability" and with the tenant' s right to
withhold part of the rent when this warranty is broken. For example,
the lease might state that the tenant ( lessee) "waives and disclaims
any and all warranties . . . . including implied warranties . " And, the
lease might also say that the tenant may not withhold tent when the
landlord has failed to make repairs .
If your lease includes such provision, you should try to negotiate a
deletion of these clauses from the lease. However, there is a
possibility that these clauses are not enforceable because they
violate the public policy as expressed in the local building code.
6. Subletting the Apartment
•
Many leases provide that the tenant cannot "sublet the Apartment"
without the written consent of the landlord, and that the landlord
can reject the new subtenant for "any reason. "
However, the courts have held that whether or not a tenant has signed
a lease with this clause, the landlord cannot arbitrarily reject a
suitable subtenant whom the tenant finds . This means that if the
tenant wants to move out in the middle of the lease and finds a
subtenant with similar financial qualifications, family size, and
references, the landlord can' t reject the tenant. If he does, he
cannot make the tenant pay any rent that the subtenant would have
paid for the rest of the lease term.
7. Fire and Casualty
Most leases have a clause which reads similar to: "If the apartment
becomes untenable by reason of fire, explosion or other casualty,
owner may at his option terminate this lease or repair the apartment
within 120 days . "
18
1
ORAL AND WRITTEN LEASES
a
What this means is that if there is a fire or other catastrophe that
makes it impossible for you to stay in the apartment, the landlord
1 has 120 (4 months) to repair it. You might want to negotiate ; a
change in this provision of your lease so that the repairs must be
completed in a shorter period of time. Regardless, if the clause is
in your lease and something happens to the apartment, what you do
during the time it takes to repair the apartment is up to you. This
is one reason why people who rent an apartment take out renter' s
insurance through an insurance company. Besides insuring your
1 belongings from theft, fire, etc. , the insurance policy can reimburse
you if you have to move out while repairs are being made. Check with
an insurance company for further information.
8. Lock-Out Clause
II
Some leases have a clause that states that "upon the termination of
tenancy the landlord (or lessor) shall have full and free license,
with or without process of law, to take possession of the apartment
and remove tenant ( lessee) . . "
e . This type of clause is illegal - Illinois courts have ruled it
invalid because it does not allow for "process of law. " In other
words, it would allow the landlord to claim that your tenancy is
terminated, throw you out on the street and take possession of your
belongings without going to court. This is another way of evicting
you, and if the landlord wants to evict you, he must file a lawsuit
against you and have you served with a Complaint and Summons . You
111
then have a right to defend the case at a trial. (See Chapter 8. )
NOTE: This does not mean that you have a right to stay in an
Q apartment after your lease has expired, or after you have been
legally evicted! (See the next section. ) •
e 9.
Penalty for Not Moving Out
An Illinois law says that if you deliberately stay in your apartment
after the end of the lease, and after the landlord has served you
with a written notice demanding that you move out, the landlord can
11 . sue you for double the rent for the period of time that you continue
to live in the apartment.
Most leases also provide for an even higher penalty for each day that
you stay in the apartment after the end of your lease. Whether 'or
a not a clause which provides a penalty that is higher than double the
A rent is enforceable is open to question. -
O
19
ORAL AND WRITTEN LEASES
a
10. Payment of Rent After Eviction
Your lease might have a clause that says that even if the landlord
evicts you any time before the lease expires, you are still obligated
to pay rent for the rest of the lease term. If the eviction was a
legal eviction, courts will enforce this type of provision and you
would have to pay the rent until the lease expires.
If you are evicted, and your lease has a clause like this one, you
should find a suitable tenant to sublet the apartment for the rest of
the lease. (See number 6 above. )
11. Waiver of Termination Notice
A clause which is in most leases says that the tenant "waives all
notices from the lessor (or landlord) whether or not provided by
Illinois statute, except if waiver is specifically prohibited by
statute. "
If you have a written lease and the landlord wants to evict you
before the lease expires, Illinois statutes require the landlord to
serve you with a 5-day notice if it' s fornonpayment payment of rent
or a 10-day notice if it ' s for violating a different lease
provision. (See Chapter 8 formore information about evictions . )
However, Illinois statutes also allow you to waive these notices,
which means you are giving up your right to be served with a notice
of eviction if you sign a lease with the above provision in it.
You shouldcross out the clause and make sure your landlord signs a
copy of the lease with this clause crossed out..
12. The "Exculpatory Clause"
It is common to see the following language in a lease: "Except as
otherwise specifically provided by Illinois statute, neither owner
nor owner' s agents shall be liable to the lessee (or tenant) . . . for
damage to or loss property. "
This provision is called the "Exculpatory clause" because it attempts
to exculpate or relieve the landlord from being held responsible for
damages . Section 91 of Chapter 80 of the Illinois Statutes provides
that lease clauses which attempt to relieve the landlord. . . "from
liability for damages for injuries to person or property caused by. . .
(landlord' s) _ negligence (are) wholly unenforceable. "
20
1
ORAL AND WRITTEN LEASES
1
Even though this clause may not be enforceable, you should consider
crossing it out of your lease before you and the landlord sign it.
13. Confession of Judgement Clause
There may be a clause in your lease (usually at the bottom of the
last page) that states that the lessee (tenant) "authorizes any
1 attorney to appear in court and waive the tenant' s ( lessee' s) right
to notice and trial by jury and to confess judgement in favor of the
landlord ( lessor) for any rent due. "
This clause would allow a landlord to go to court and "confess" or •
admit on your behalf that a judgement for rent should be entered
against you - without first notifying you.
.Illinois law provides that a confession of judgement clause is "null
and void" in consumer transactions, which includes a lease of a
"consumer service. " Illinois courts have not yet had to rule ; on
whether or not a lease of an apartment or• a lease of a "consumer
service." But, Illinois courts have ruled that if a landlord gets a
confession of judgement against you without first notifying you, he
' cannot collect on the judgement (by garnishing your wages, for
instance) until he gives you an opportunity to defend the case at a
trial .
If there is a confession of judgement clause in your lease, it -should
be crossed out.
1
14. Abandonment
1
Some leases have a clause stating that if the tenant has been absent
from the apartment for 10 days without paying rent, and if the
landlord has reason : to believe .that the tenant has "vacated the
apartment (premises) with no intent to again reside therein, " the
' tenant will be treated as having abandoned the apartment and his
property in it.
The property would then become the property of the landlord and the
11 landlord can enter the apartment "without process of law. " In other
words, the landlord would actually be evicting the tenant without
having to go to court.
This clause tries to allow a landlord to evict the tenant and seize
his possessions without having to prove in court that the tenant
actually abandoned the apartment. Whether this clause would be
enforced by a court is open to question. The tenant should try, to
negotiate having it removed from the lease if it ' s in it.
' 21
ORAL AND WRITTEN LEASES
15. Waiver of Jury Trial
Some leases will contain a clause which "waives" or takes away your
right to .a jury trial in an eviction action. This clause means
nothing because it is not enforceable according to Illinois law.
Section 9-108 of Chapter 110 of the Illinois Statutes states : "In any 11
case relating to premises used for residence purposes, either party
may demand trial by jury, notwithstanding (regardless of) any waiver
of jury trial contained in any lease or contract. "
16. Rules and Regulations 11
Most leases include a set of rules and regulations . Examples of
these are: No signs in the windows . No pets . No nails in the
walls . Many tenants ask if these rules are enforceable - meaning,
can a tenant be evicted for breaking these rules . Most rules and
regulations are enforceable; however, a court would probably not
evict you for putting a tack in the wall .
If a blind, hearing impaired, or handicapped person has a guide or
support dog, a landlord cannot enforce a "no pet" rule for that11
tenant, but can enforce it for everyone else. In addition, it is
illegal to refuse to rent an apartment to someone because he has a
guide or support dog (even though the apartment complex has a "no
pet" rule) .
Tenants should try to negotiate the deletion of rules that are petty
and obnoxious, because technically you must comply with the rules and
regulations as stated in the lease agreement. If you and your
landlord do change any of the rules and regulations, be sure that the
landlord initials any changes in the lease.
NOTE: Rules and regulations can be modified by the landlord in
order to accommodate the needs of blind, hearing impaired, or
handicapped persons . However, this in no way implies that it is 11
legal to differentiate between tenants in the application of rules
and regulations for any other reason.
17. Attorney's Fees11
Many leases have a provision which says that the tenant must pay
attorney fees that the landlord may have incurred in enforcing the
lease. Courts will allow the landlord to collect reasonable attorney
fees from the tenant if such a clause is in the lease. Q�
22
1
ORAL AND WRITTEN LEASES
a
If there isn' t a clause like this in the lease, a tenant is not
obligated to pay a landlord' s attorney fees for enforcing the lease;.
18. Termination Clause
If a lease has a clause that states that the landlord may terminate
the lease by serving a 30-day notice on the tenant, the clause is
' enforceable by the courts . You should try to have this clause
crossed out, or ask that it be made it be made neutral for both
parties . This means that in addition to the landlord having ,the
right to terminate the lease with a 30-day notice, the tenant should
also have the right to terminate the lease with a 30-day notice to
the landlord.
I
19. Condominium Conversion
Clauses which violate a tenant ' s right to receive 120 days advance
notice of a landlord' s intent to convert a building to a condominium
' are not enforceable. Tenants have the right to 120 days notice.
(See Chapter 6 . )
H. LANDLORD'S FAILURE TO ENFORCE A LEASE PROVISION
' If your landlord accepts your rent, knowing that you have broken a
-
lease provision such as, a no pet provision a court might
conclude that the landlord cannot be treated as having waived this
right to enforce a lease provision by having accepted rent with
knowledge of the breach. And, this rule might not apply if your
landlord gives you written notice that he will enforce the lease
provision in the future.
I . DISCRIMINATORY ENFORCEMENT OF RULES
' It is illegal for a landlord to enforce a rule against you but ;not
against others because of your race, color, religion, national
origin, ancestry, sex, familial status, marital status, or handicap.
However, the rules may be modified for handicapped persons in order
to allow them the full enjoyment of their rights . In such a case,
1 23
ORAL AND WRITTEN LEASES
the rules could be applied to everyone but a tenant who is
handicapped.
•
J. ALTERNATIVE FORM LEASES
Most leases are designed to protect the landlord. However, there are
leases which have been designed to be neutral between the landlord
and tenant. You could try to. get your landlord to accept a neutral
form lease, or at least use some of its clauses .
11
11
11
I/
•
U
11
24
1
CHAPTER 5: THE CONDITION OF THE APARTMENT: RIGHTS AND
OBLIGATIONS OF THE LANDLORD AND TENANT
' A. INTRODUCTION
Tenants and landlords have certain rights and obligations in regard
to the condition of an apartment or apartment building. Basically,
11 there are two sources of law that apply to these matters . The first
is the written lease. The second is the building or housing code of
the city where the apartment is located. Both the lease and ;the
local housing code contain certain rights and obligations that apply
to tenants and landlords .
Even if there is no written lease, the tenant and the landlord are
still bound by the provisions of the building or housing code. The
Elgin Housing Code provisions are discussed in this chapter. If you
live in another city, you ' ll need to check its code, because they are
different.
This chapter will also discuss the remedies that are available to the
tenant if the landlord will not make necessary repairs, and those
remedies available to the landlord if the tenants are destructive.
NOTE : When the term "landlord" is used in this chapter, it applies
I to both, the owner of the building and the manager, if there is one.
They are both bound by the Elgin Housing Code, as well as by the
provisions of the written lease.
B. WHAT DO LEASES SAY ABOUT BUILDING CONDITIONS?
1
Your lease, probably has provisions relating to the condition of the
apartment. The tenant ' s obligations or duties might be listed in
your lease under a heading such as "Tenant ' s Use of Apartment, "
' "Tenant' s Upkeep, " and/or "Rules and Regulations" . The landlord' s
duties may be listed in the lease under "Lessor to Maintain, " or
"Condition of Apartment. " Be sure to read your lease carefully,
because these provisions are different from one lease to another.
' Most leases also have a box labeled "Additional Agreements . " If the
landlord has promised to make any specific repairs to your apartment,
they should be listed in this box. Remember that after you sign your
lease, any oral agreements that were made earlier are not enforceable
unless they are in the lease or contained in a Rider which is
attached to the lease. The Rider must be signed by both parties in
order to be valid.
1
' 25
THE CONDITION OF THE APARTMENT: RIGHTS AND OBLIGATIONS OF THE
LANDLORD AND TENANT
C. THE ELGIN HOUSING CODE11
The Elgin Housing Code is one section of the ordinances ( laws) of the
City of Elgin, specifically: Chapter 16 . 12 of the Municipal Code of
Elgin. There are other sections that deal with housing conditions,
but this is the most important one. It spells out the obligations of
the landlord and tenant in regard to the condition of a dwelling. If11
you want a copy of this code, contact the Code Administration and
Community Preservation at City Hall - 150 Dexter Court, Elgin,
708/931-5921 . fi
1. Landlord's Responsibilities
Here ' s a list of some of the landlord' s obligations under the Elgin
Housing Code. Remember that the landlord must comply with these
provisions even if there is no written lease. And, he must comply
with them even if the lease says that he doesn't have to. 11
a. Heat. The landlord must provide heat from October 1st to
June 1st. Every dwelling and multifamily dwelling must have
heating facilities and the owner must see that they are
properly installed, safely maintained, in good working
condition, and that they are capable of safely and
adequately heating all habitable rooms, bathrooms and toilet
rooms located in the dwelling.
From October 1st to June 1st, the following temperatures
must be provided by the landlord:
62 degrees from 6 : 30 a.m. to 7 : 30 a.m. 11
65 degrees from 7 : 30 a.m. to 8 : 30 a.m.
68 degrees from 8 : 30 a.m. to 10 : 30 p.m.
62 degrees. from 10 : 30 p.m. to 6 : 30 a.m.
The landlord must maintain these temperatures so that they
exist at a level of three feet above the floor and three
feet from exterior walls .
b. Plumbing and Toilet. The plumbing and toilet must be kept
in good working order.
c . Halls, Basement and Other Public Areas of the Building.
g
These areas must be maintained and well lighted. All
carpeting and tile in hallways and entryways must be kept in 11
26
1
THE CONDITION OF THE APARTMENT: RIGHTS AND OBLIGATIONS OF THE
' LANDLORD AND TENANT
' good order. Halls must be free of holes, cracks and loose .
or warped boards .
d. Exterminating. The landlord must keep the building free
from rats and reasonably free from insects . The landlord
must exterminate insects and rodents from public areasof
the building and from the apartment if two or more
apartments are infested.
e. Garbage and trash disposal . The landlord must supply and
maintain refuse facilities such as containers and garbage
chutes .
f. The Exterior of the Building. It must be maintained.
g. Screens . Every door and window or other outside opening
used for ventilation purposes must be supplied with approved
screening from May 1 to October 31 . Every swinging screen
door must have a self-closing device in good working
condition. These provisions apply to apartments located . on
the ground floors of a building.
h. Windows . Every window other than a fixed window must be
capable of being easily opened •and has to be held in
position by window hardware. Every window sash must be ' in
good working condition and fit reasonably tight within its
frame.
i . Roofs . No leaks are permitted in the roof. There must be,
adequate drainage to prevent rain water from causing
dampness in the walls .
j . Stairs, Porches, and Railings . Stairs and other exit
facilities must be adequate for safety.
k. Basements and Cellars . These must be maintained in a safe
and sanitary condition. Water should not be permitted to
accumulate on the floor. Junk, rubbish and waste must not
be permitted to accumulate so as to create a fire hazard or
endanger health or safety.
1
27
THE CONDITION OF THE APARTMENT: RIGHTS AND OBLIGATIONS OF THE
LANDLORD AND TENANT
1 . Interior Surfaces . Floors, walls, windows, doors, l{
ceilings, and other interior surfaces must be maintained in
good, clean and sanitary condition. Peeling paint, cracked
or loose plaster, decayed wood, and other defective surface
conditions must be eliminated.
m. Lead-Based Paint. Lead-based paint with a lead content of
more than five-tenths of one percent (0 . 5%) or one milligram
per cubic centimeter shall not be applied to any interior or
exterior surface of a dwelling.. 11
2. Tenant's Responsibilities 11
The Housing code requires the tenant to: •
fr
a. Keep the apartment in a clean, sanitary and safe condition.
11
b. Keep all plumbing fixtures in the apartment in a clean and
sanitary condition and not abuse them.
c. Throw no large or hand objects into toilets or down sink
drains .
d. Keep out of the apartment any furniture or materials which 11
contain insects or rodents .
e. Dispose of refuse and garbage in proper containers and never
leave garbage open in hallways .
D. WHAT A TENANT CAN DO TO GET THE LANDLORD TO MAKE REPAIRS
The City of Elgin enforces the Housing Code. The City sends out 11
inspectors either in response to a complaint or periodically. If the
City finds a . violation, it sends a notice to the landlord which
orders him to comply with the housing code. The landlord has the
right to appeal the orders; however, if the violation is upheld and
the landlord does not make the required repairs, the case is referred
to the City attorneys (known as corporation counsel) .
11
There are several things a tenant can do to get the landlord to make
repairs :
28
1
THE CONDITION OF THE APARTMENT: RIGHTS AND OBLIGATIONS OF THE
LANDLORD AND TENANT
1. Contact the Landlord
t
I
The first step you should take is to ask the landlord to make the
repairs . If the landlord isn't maintaining the building accordinglto
the housing code or the lease (or any oral promises he made if you
don't have a written lease) you have a right to expect the repairs to
be made, but it is important to contact him before taking any other
action. Your landlord may not know that your apartment needs repairs
111
unless you tell him. Try to get him to set a date when the repairs
will be started and completed. Be polite.
You should make a least of each defect in each room of the apartment
11 and the common areas of the building. Also write down when you first
noticed each defect. Keep one copy of this least and send a copy to
your landlord. If your landlord doesn't make the repairs promptly,
contact him again. The landlord may have some excuse for the delay.
Keep a record of what the landlord says is the excuse, and keeplin
mind that the excuse may be a valid one.
You have an obligation to let the landlord, or the repairmanihe
sends, into the apartment so that the repairs can be made. If you
can't be at home, leave a key with the landlord or a neighbor whom
you trust. If you don't cooperate with the landlord, you can't
expect him to cooperate with you. Likewise, your landlord must give
you notice if he plans to enter your apartment. If it ' s an emergency
and he enters without your prior knowledge ( for instance, by using a
"master" key) , he must leave a note where you will find it that lets
you know he had to enter your apartment and why.
1
2. Keep Records
I
You should keep records of the defects in your apartment and what
your landlord said and did about them. This is important for two
reasons . First, it helps you keep track of whether the landlordlis
promptly responding to your requests . Second, if your requests don't
get results, you might later need to take more action like testifying
in court. If you do so, you' ll probably be asked: "What are the
defects in the building? When did you first notice each? When did
youcontact your landlord? What did he say and what did you do?
I/ When were repairs finally made?" You won't be able to answer these
questions unless you keep record.
Here are some of the records you should keep:
a. Photographs : Take pictures of the defects in your
29
11
THE CONDITION OF THE APARTMENT: RIGHTS AND OBLIGATIONS OF THE
LANDLORD AND TENANT 11
apartment and building. On the back of each, write what the
defect is, what room it ' s in, and who took the picture and
when. Keep your negatives .
b. Defects List: Keep a written, dated list of each defect. 11
c. Diary or Notebook: list each defect, when you first
noticed it, and what the landlord did or said about it.
List the date of every conversation you've had with the
landlord in person or by phone. BE SPECIFIC. Beside the
date, list where it occurred and if there were any witnesses
to it. Write down what you said and what the landlord
said. For example, if the landlord said he'd fix the boiler
"in about three weeks, " write that down. Also keep track of
the times when your landlord, the repairman, or janitor came
to your apartment to inspect or to work on the defects .
List when work was started and when it was completed.
d. Temperature Records : If you don' t have adequate heat, you
should buy a thermometer and keep track of the temperature
in at least several rooms several times a day. Keep a
record in your diary or notebook. (The housing code
requires different temperatures at different times of day -
see Section C of this chapter for specific temperature . fa
requirements . ) El
e. Copies of Letters : If you think you are going to have
problems with your landlord, you should communicate in11
writing in addition to making phone calls . Keep a copy of
each letter for your records . If you think your landlord
might later claim he didn' t receive a letter, send it 11
certified mail - return receipt requested.
3. Get Other Tenants Involved
You might find that other tenants have similar problems with their
apartments . If they also call the landlord, you will probably get
faster action. Explain to other tenants the procedure for keeping I)
records and making complaints .
11
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30
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THE CONDITION OF THE APARTMENT: RIGHTS AND OBLIGATIONS OF THE
LANDLORD AND TENANT
4. File a Complaint With the Code Administration and Community
Preservation Department
r
If your phone calls and letters to the landlord have not worked, then
your next step is to file a complaint with the City' s Code
' Administration and Community Preservation Department. You can mlake
your complaint by phone ( 931-5921) , but you should also make it in
writing. If you are not sure whether or not the City' s housing code
' has been violated, someone in the Code Administration and Community
Preservation Department will be able to answer that question.
Before taking any further action, you need to allow time for the Code
' Administration and Community Preservation Department to do its jpb.
They will be able to give you an indication of how much time you
should allow before taking any further action.
r
•
E. OTHER TENANT REMEDIES FOR DEFECTIVE HOUSING
In addition to trying to have the landlord make repairs, there are
other remedies a tenant can use when the landlord has failed to make
repairs . Before using them, you should first ask the landlordIto
' make the repairs and ask the City to inspect your building. You
should also have pictures of the defects . Here ' s a list of these
additional remedies . They are most effective if you get other
tenants to join with you.
1. Sue Landlord to Recover Excess Rent Paid
If the apartment has substantial building code violations or if the
landlord has failed to make repairs which he has agreed to make, the
tenant may file a lawsuit against the landlord to recover the
difference between the rent that has been paid and the fair market
value of the apartment in its unrepaired condition. For instance, if
you rented your apartment for $400 per month, but two months later
the furnace broke and the landlord failed to provide heat promptly,
you might be able to persuade a judge that your apartment was worth
$200 for that month, so that the landlord would owe you $200 .
The cost of filing this lawsuit depends on how much you sue for. You
can contact a lawyer, or if your claim is less than $2 , 500, you can
file your own lawsuit in small claims court. (See Appendix. )
1
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THE CONDITION OF THE APARTMENT: RIGHTS AND OBLIGATIONS OF THE
LANDLORD AND TENANT
11
2. Withholding Partial Rent11
Instead of suing the landlord to recover excess rent paid, you might 11
want to withhold the difference between the rent charged and the
value of the apartment in its unrepaired condition. You can only do � F
this if the building has substantial building code violations . It' s
riskier than suing the landlord because the landlord might try to
evict you for nonpayment of rent. As a result, before withholding
rent you should: 11
a. ask the City to inspect the building for code violations; 11
b. photograph and make a list of defective conditions;
11 c. ask the landlord to make repairs within a specified
reasonable time;
d. see a lawyer or a community organization knowledgeable about
tenant ' s rights;
e. get other tenants to join you;
11
f. estimate conservatively the amount you think you can
withhold; and 11
g. put the withheld rent in a separate bank account.
11 The law says that a tenant cannot be evicted for withholding the
difference between the rent charged and the value of the apartment in
the unrepaired condition. The problem is that it ' s hard to estimate
that amount, the landlord might sue to evict you anyway, and eviction 11
court judges are usually not too sympathetic. As a result, if the
landlord sues, contact a lawyer and consider asking for a jury
trial . (See Chapter 8 for eviction procedures . )
3. Repair and Deduct 11
Unlike some states, Illinois does not have a law which allows a 11
tenant to make repairs which his landlord should have made and deduct
then from the rent. But Illinois court decisions seem to give
tenants this remedy. Before you try to exercise this remedy, you
should do the things listed above in a) through d) . If the landlord
still hasn't made the repairs, you should make only limited repairs .
A rule of thumb is to make repairs only if the cost is less than one
or two month' s rent. Also, hire a reputable contractor who will ' F
• 32
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THE CONDITION OF THE APARTMENT: RIGHTS AND OBLIGATIONS OF THE
' LANDLORD AND TENANT
' agree in writing to do the work in a workman-like manner andin
compliance with the building and housing codes .
1
4 . Pay the Utility Bill and Deduct the Cost From Your Rent
If your landlord has failed to pay a utility bill when he should and
' as a result, the water, gas, or electrical service is about to be
shut off, Section 62 of Chapter 80 of the Illinois Revised Statutes
allows a tenant to pay the bill in order to continue service and to
deduct the cost from the rent.
' You may have to get together with other tenants in order to raise the
full amount for the bill . If the bill is more than all the tenants
' can afford, you should ask the utility company to take partial
payment now and the rest over time.
You can also file a lawsuit asking the court to appoint a Receiver to
manage the building and pay the utility bills .
5. Move Out
If the apartment ' s condition is dangerous to your health and safety
and the landlord has negligently failed to make repairs after you
have asked him to,• you can move out. You should see a lawyer before
' doing so, especially if you have a written lease, because the
landlord might sue you for the rent due for the remainder of the
lease term. You should first give the landlord written notice of
your intent to move and why.
6. Sue the Landlord for Personal Injuries or Property Damage
If, as a result of your landlord' s negligence (carelessness) , you
have been injured or your property has been damaged, you might be
able to sue the landlord for damages . See a lawyer in this situation.
I.
' 7. Remedies for Lead Poisoning
It isillegal for an apartment building to be painted with paint that
1 contains lead or otherpoisonous materials . Such paint, when eaten
' 33
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THE CONDITION OF THE APARTMENT: RIGHTS AND OBLIGATIONS OF THE
LANDLORD AND TENANT
11
by children, can cause serious illness ' or brain damage. If your11
apartment has peeling paint or flaking paint, you should call the
City' s Code Administration and Community Preservation Department at
931-5921 to ask about having the paint tested for lead. I
If your apartment has lead paint, you should have children tested for
lead poisoning. If your apartment has lead paint and your child has
lead poisoning, the landlord will be ordered to cover or remove the
lead paint. If the landlord doesn't do this within 14 days, the City
can have the work done and bill the landlord.
If your child has become ill from eating the lead paint, you can sue
the landlord.
8. Complain to the State's Attorney
It is illegal for a landlord to knowingly rent a deteriorated
building which endangers the health and safety of tenants . If the ti;
building is in a dangerous condition, and the owner has failed toy,
repair it after notice, you may file a complaint with the State' s
Attorney' s Office in the county where the apartment is located.
These addresses are listed in local phone books . You should try to11
get other tenants to join on your complaint and you should keep track
of the State' s Attorney' s actions . The State' s Attorney can ask the
Criminal Court to fine or imprison the landlord. The Criminal Court11
cannot; however, order the landlord to make repairs or pay the
tenants ' damages .
11
9 . Ask that the Management Company's Real Estate License be Revoked
The State of Illinois, through the Department of Registration and
Education, licenses real estate brokers . The State regulations
provide that a real estate broker' s license can be suspended or
revoked for "a failure to safeguard the interests of the public in
the. . .renting of real estate wherein the premises are known. . .to be
in violation of ordinances for the protection of the public in regard 11
to fire, health, sanitation and other hazards . "
If your building is in bad shape, and you have notified the landlord
of the defects, and they haven' t been repaired, check with the
Department of Registration and Education (Professional Regulations
Department) (312/814-4500) to see if your landlord is a real estate11
broker. If •so, you can file a complaint with agency.
34
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THE CONDITION OF THE APARTMENT: RIGHTS AND OBLIGATIONS OF THE
LANDLORD AND TENANT
F. A LANDLORD'S REMEDIES AGAINST DESTRUCTIVE TENANTS
If a tenant has damaged the apartment or failed to comply with the
requirements of the lease or the building code as to maintaining the
premises, the landlord has several wording of the lease, so check the
lease first.
Following, is a discussion of the most common options that are
available to a landlord in dealing with a destructive tenant.
1. Ask the Tenant to Make the Repairs
If you are a landlord, and your tenant has damaged the apartment, you
should first request that he repair the damage. Similarly, if he has
violated a requirement of the lease or the building code as to the
I
condition of the apartment (such as by throwing garbage out the
window) , you should first ask the tenant to comply with the
requirement. It helps to make your request in writing and keep a
copy in case you need to file a lawsuit later.
2. Make the Repairs and Charge the Tenant l
' If the tenant has damaged the apartment and refuses to repair it, you
can make the repairs and charge the cost to the tenant. You have
this right even if there is no written lease, but most leases spall
' out this remedy very specifically. It does not apply to wear and
tear because it is your obligation as the landlord to repair these
defects .
If the tenant doesn' t pay the cost of the repairs you have ma"de,
which you believe to be caused by the tenant, you can deduct the cost
from the security deposit. If your building has more than 10 unts,
State law (Chapter 80, Section 101) requires you to make an itemized
list of the damage caused by the tenant.
Keep copies of the receipts for work done, because you must give 'the.
tenant copies of these within 30 days after the tenant moves out. It
is a good idea to do this regardless of the number of units in your
building. If the tenant sues you later for his security deposit,
this information will protect you.
If the lease requires the tenant to pay for the repairs, and he fails
to do so after you have asked him to, you can file an eviction actlion
' 35
THE CONDITION OF THE APARTMENT: RIGHTS AND OBLIGATIONS OF THE
LANDLORD AND TENANT
for breach of that lease provision. See a lawyer before initiating11
such action. (Chapter 8 covers eviction procedures . )
3. Sue the Tenant for Damages
111
If your tenant has damaged the apartment, you can sue him for the
g P
cost of repairs . You should either hire a lawyer, or if the claim is
less than $2,500, you can file a small claim action on your own. �.
fry
If other parts of the building have been damaged as a result of the
tenant' s negligence (such as damage of the downstairs apartment
because the tenant let the bathtub overflow) , you may be able to
claim the entire cost of making necessary repairs from the tenant.
check the lease, and also consider seeing a lawyer.
4. File an Eviction Action Against the Tenant
11
If the tenant has violated a lease provision by damaging the yo
apartment, or by failing to pay your costs for repairing the damage, u
you can sue to evict the tenant.
Unless the lease provides otherwise, you will first have to serve a
ten-day notice specifying the nature of the lease violation. (See
Chapter 8 for an explanation of eviction procedures . ) You should
also hire a lawyer to represent you.
5. Call the Police or file a Criminal Complaint
If your tenant is deliberately damaging the apartment, for example
in, rowdy Saturday night party, call the police. If the damage has
sF
already been done, you can still file a criminal complaint against
your tenant: Section 21-1 of the Criminal Code makes it a crime for
someone to knowingly and recklessly damage another person' s
property. To find out the procedure for filing such a complaint,
call the Elgin Police Department.
yay
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36
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ICHAPTER 6: OTHER RIGHTS AND OBLIGATIONS DURING OCCUPANCY
I
' In addition to the obligations imposed on both landlords and tenants
in regard to the condition and maintenance of the apartment, there
are other obligations which are discussed in this chapter. I
II
1
1
IA. PAYMENT OF RENT
II ,
Perhaps the most important obligations of the tenant is to pay the
agreed upon rent. In the absence of a legal justification for inot
I paying the full rent, the tenant must pay the rent when it is due or
risk eviction.
I Some leases require the tenant to pay a late charge if rent is p
'aid
late. - Unless there is such a lease provision, the landlord cannot
charge a late fee. But, if there is, no courts will enforce such a
provision unless the charge is exorbitant. So, pay your rent on
II time. If you can' t, contact your landlord immediately to see if you
can arrange for a brief delay.
III
Note to tenants: The best way to pay rent is by check. Write) on
each check the month for which the rent is being paid and keep each
cancelled check when it is returned in your monthly bank statement.
11 (Some banks provide fee checking accounts . ) If you pay by cash, task
the landlord for a receipt and keep it in a safe place. If youfpay
by money order, keep your copies, but remember that if the landlord
I
sues you for rent, your money order copies are not proof that the
landlord actually received the money order and cashed it. Ask your
landlord for a receipt when paying by money order, or in order; to
I prove that you have paid rent, you will have to get the place where
you purchased the money order to check and verify their records . ;
I Note to landlords: Keep accurate record of rent due and paid,' to
you. If you have no records or they are a mess, you will have a
difficult time proving your case in court if you sue the tenant for
rent.II
. I
i
11 B. RENT LEVEL i
1
Elgin has no rent control law; neither does Illinois . Unless you
live in governmentally owned or regulated housing (See Chapter 19 ) ,
II
the landlord can charge whatever the market will allow. There is one
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I37
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11
OTHER RIGHTS AND OBLIGATIONS DURING OCCUPANCY
I
exception - a landlord cannot discriminate against a tenant by
charging him a higher rent because of his race, color, religion, 11
national origin, sex, ancestry, handicap, marital status, or because
he has children under the age of .18 . (See Chapter 3 for a further
discussion. )
11
-C. RENT RAISES11
The only rules in regard to rent raises are as follows : 11
1) If you have a written lease for a fixed period of time (one year,
for instance) which specifies the amount of rent, the landlord
cannot raise the rent in the middle of the lease term. This is
true even if the owner sells the building. The new owner is
bound by the provisions of your lease. 11
2) If you do not have a written lease, but pay rent monthly
according to an oral agreement with your landlord, your landlord
must give you a written notice at least 30 days before the rent
raise becomes effective.
3) If you pay rent weekly according to an oral agreement, your11
landlord must give you a written notice at least 7 days before a
rent raise will become effective.
4 ) If you live in governmentally regulated or subsidized housing,
fr�
there are specific rules about rent raises . (See Chapter 9 . )
The , Human Relations Commission of the City of Elgin can assist in 11
mediating tenant-landlord disputes .
D. LANDLORD REMEDIES FOR NONPAYMENT OF RENT
11
If a tenant does not pay rent when it is due,. the landlord has
11
several remedies :
1) File a Suit to Evict the Tenant
If . the tenant hasn' t paid rent, the landlord can file a suit to evict
him. Unless the lease provides otherwise, the landlord must first
serve the tenant with a written notice giving him . five days to pay
his rent. (See Chapter 8 for a discussion of eviction procedures . )
38
1
OTHER RIGHTS AND OBLIGATIONS DURING OCCUPANCY
2) Sue the Tenant for the Rent
The landlord can sue the tenant to collect the amount of the unpaid
' rent. This claim can be added to the eviction lawsuit. If thislis
the case, the landlord should fill out a "Joint Action" complaint
form. Or, a separate lawsuit can be filed.
3) Distress for Rent
The distress for Rent Act (Chapter 110, paragraphs 9-301 through
9-319 of the Illinois Revised Statutes) authorizes a landlord or his
agent to seize the personal property of his tenant - found in the
county where the tenant resides - as compensation for rent claimed
to be due. The Act has been interpreted to allow a landlord to enter
the tenant ' s dwelling. However, the landlord may only enter
peacefully and is not authorized to lock-outthe tenant. The
landlord need not go to court before seizing the tenant' s property.
' Instead, the landlord must fill out a distress "warrant" and
"inventory" of the property seized and file them with the clerk ,of
the court "immediately" after seizing the property.
+� The "warrant" serves asa complaint for rent due. The Sheriff Is
supposed to serve it, together with a summons, on the tenant who will
then have the opportunity to defend the lawsuit.
The landlord may only seize an amount of property which reasonably
approximates the amount or rent claimed to be due. Moreover, certain
property is exempt from seizure, such as the tenant' s clothing,
Bible, and school books, together with '$300 worth of property
($1,000 if the tenant is head of a family) to be selected by the
tenant. In order to claim this latter exemption, the tenant should
' file with the court (within 10 days) a list of the property the
selects to be exempt. If the landlord seizes exempt property, hells
liable to the tenant for double the value of the property seized.
' (See Chapter 110, Sections 12-1001, 12-1002, and 12-1005 of the
Illinois Revised Statutes . )
The tenant can obtain a release of his property by filing with the
court a bond in double the amount of the rent claim. If the tenant
cannot obtain a bond, the landlord holds the property pending the
outcome of the trial on the rent claim. If the tenant wins, he gets
his property back; if the landlord wins, the property can be sold.
The trial on the rent claim will normally be about two to three weeks
after the property was seized, but if the tenant files a counter
claim or requests a jury trial, the trial will probably be later.
Some landlords think that the Distress for Rent Act authorized them
to lock-out a tenant who is behind in rent, but it does not. If a
' landlord illegally locks out a tenant, a tenant can sue him for
39
11
OTHER RIGHTS AND OBLIGATIONS DURING OCCUPANCY
11
damages . (See Chapter 8 . ) Likewise, if the landlord seizes the
tenant' s property without following the steps required by the
Distress for Rent Act, the tenant can sue him for damages . An
Illinois Supreme Court case upheld the constitutionality of this
statute. if
E. USE OF THE APARTMENT
Most leases provide that a tenant may use the apartment only for 11
residential purposes and that the tenant must not disturb his
neighbors . If the tenant fails to abide by these requirements, he
can be evicted. Unless the lease provides otherwise, the landlord
must first serve the tenant with a 10-day notice specifying the
nature of the lease violation.
F. NUMBER OF OCCUPANTS P,
There is no law that specifically details how many people can live in if
an apartment. However, there are requirements regarding square
footage and occupancy.
Apartment size depends on the number of persons in your household,
their sex, and their relationship. _" As a general rule, two children
of the same sex share a bedroom and no persons of the opposite sex
11
would share one except spouses . Some exceptions are made to this
depending upon the size of the entire apartment.
These same general guidelines apply to applicants seeking public11
housing of Section 8 housing. Exceptions can be made so that a
family can take an available unit.
For more specific information about the number of occupants allowed 11
in a given apartment, contact the City of Elgin' s Code Administration
and Community Preservation Department.
11
G. CONDOMINIUM CONVERSION 11
Your landlord cannot terminate your tenancy in the middle of the
lease term simply because he wants to convert the building to a
condominium. This means that if you have a one year lease, you
11
40 1
I
OTHER RIGHTS AND OBLIGATIONS DURING OCCUPANCY
i
cannot be evicted in the middle of that term simply because the
landlord converts the building.
In addition, Section 330 of the Illinois Condominium Property Act
provides that the landlord must give you at least 120 days written
notice of his intent to convert . the building. The notice must also
give the tenant (except tenants in units to be vacated for
rehabilitation) the opportunity to buy the unit within 30 days at a
stated price. If your lease expires within this 120-day period, you
have the right to ask that it be extended to the end of the periodlat
the same rent. Should another person offer to buy your apartment
during this period, your landlord must give you a 30-day option , to
first purchase the apartment under the same terms as the other
person' s offer. Units may be shown to prospective buyers only a
reasonable number of times and at appropriate hours during the last
90 days of the tenancy. The statute also says that any lease
provision contrary to the above requirements is not enforceable.
i
•
•
1
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1
1
1
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1 41
II
CHAPTER 7: LEASE RENEWALS
A. INTRODUCTION
1
If a tenant has a written lease for a fixed term, it automatically
expires at the end of the term. The landlord does not have to
serve any notice on the tenant. To avoid confusion, most landlords
notify the tenant a month or two before the end of the lease as to
whether or not they would like the tenant to renew the lease. If
your landlord does not contact you a month before your lease is due
to expire, you should contact him.
Normally, a landlord sends a new lease to an existing tenant. The 11
new lease will be for a term immediately following the existing
term. Some landlords will, instead, send a lease renewal form which
asks the tenant if he or she wishes to renew the existing lease for a
specified period of time, and probably for a higher rent. Both
procedures, signing a new lease, or signing a lease renewal form, are
legal .
B. RENT RAISES 1
Normally11
the landlord will ask for a higher rent for the new lease
g
term. Unless the landlord is regulated by the government, he can ask
whatever he wants . However, the landlord cannot charge you more rent
that another tenant simply because of your race, color, religion,
national origin, sex, ancestry, handicap, marital status, or because
you have children under the age of 18 or because you are pregnant. t�
If the rent raise is exorbitant or ridiculous, you can try to
negotiate with the landlord. Your negotiations are likely to be more
successful if other tenants in the building make similar requests. 11
Your landlord may be willing of "trade" a. rent raise for your
assistance in painting the apartment, cleaning the carper on and
annual basis, doing the yard work, etc. If you live in a building
with only a few units, or in a single-family home, you are more
likely to be able to "negotiate" with your landlord when it comes to
an annual increase in the rent. 11
Keep in mind that landlords do not enjoy having to seek out renters
every year. If you are a cooperative tenant, pay your rent, and
follow the rules, after a year or two, the landlord may be more
willing to "give and take" when it comes to the tenant-landlord
relationship.
42
1
' LEASE RENEWALS i
C. REFUSALS TO RENEW THE LEASE
The basic rule is that a written lease for a fixed term expires, the
landlord can renew it or not renew it as he pleases . There are Itwo
exceptions for this rule.
1) The landlord cannot refuse to renew your lease simply because of
' your race, color, religion, national origin, sex, ancestry,
handicap, marital status, or because you have children under the
age of 18, or because you are pregnant .
1 2 ) A landlord cannot refuse to renew a tenant ' s lease simply because
the tenant make a good faith complaint to a government agency of
a violation of any applicable building code or health
' regulation. Chapter 80, Section 71 of the Illinois Revised
Statutes prohibits such a retaliatory refusal to renew a lease.
If your landlord refuses to renew your lease, and you want to stay
there, ask him to give his reasons in writing. If you are able to
prove that you have been a good tenant and these claims are not true,
you should write to him and repeat your request to renew your lease.
11 D. SECURITY DEPOSIT•
When renewing a lease, some landlords ask the tenant to pay an
additional amount on the security deposit to bring it up to the level
of one month' s rent. This practice is legal .
Sections 91 and 92 of Chapter 74 of the Illinois Statutes require
' landlords of buildings with 25 or more units to pay 5% interest on a
security deposit within 30 days after the end of each 12-month rental
period. If your landlord does not pay the interest within the 30-day
' period, you should make a written request that it be paid. Iflhe
still does not pay, you can either sue him for the interest (plus the
full amount of the security deposit if he willfully failed to pay
it) , or you can advise him that you will deduct the interest due from
the next month's rent.
1
1
1
43
I'
CHAPTER 8: TERMINATING THE TENANT-LANDLORD RELATIONSHIP
A. INTRODUCTION
•
This chapter discusses the ways in which the tenant-landlord
relationship can be terminated. It first describes the legal
requirements when a tenant wants to move out of the apartment either
at the end of the lease, or in the middle of it. Next, it talks
aboutevictions : grounds, procedures, and defenses . After that, it
discusses the circumstances under which a tenant can still be liable
to pay rent after moving out voluntarily or being evicted in the
middle of the lease term. Finally, this chapter will discuss
lock-outs and the tenant' s remedies against illegal lock-outs .
11
B. TENANT WANTS TO MOVE OUT
Ft
1. Moving Out at the End of the Lease
If you have . a written lease for a fixed term, such as one year,
and want to move at the end of it, you don' t have to give your
landlord ant notice unless your lease specifically requires it. 11
Check your lease. However, to avoid confusion, it ' s a good idea to
notify your landlord anyway. The notice does not' have to be in
any particular form, but it' s best to put it in writing, and to give11
notice to the landlord at least at the time you make your next to
last rent payment. In other words, if you pay rent weekly, give
notice two weeks prior to your lease ' s expiration date, or if you pay
rent on the first of each month, you will be expected to be out prior
to that; so give your notice a month earlier than when you plan to be .
out.
Give your landlord your new address so that he can return your
security deposit to you. You might want to take pictures of your
apartment or have a friend look through it with you. If your {i
landlord claims you damaged the apartment and tells you later your
security deposit will not be retuned, you will need the following
proof: 11
a. Notice to Landlord. If a tenant has an oral lease, he
must give the landlord advance notice. If rent is paid 11
weekly, then notice must be given at least seven days before
moving. If the tenant pays rent monthly, the he must give
at least 30-days notice to the landlord, that he plans to
move out. The notice should be in writing, and must be
delivered in the month or week before the move out date.
For instance, you could deliver a notice dated September 30,
saying that you are moving out on October 31, if you pay
rent the first of every month.
44
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TERMINATING THE TENANT-LANDLORD RELATIONSHIP
I
I b. "Living out the security deposit . " A tenant is not
allowed to "live-out" his security deposit. Unless the
landlord agrees to this, the practice is illegal . The
purpose of a security deposit is to cover damages (other
I than ordinary wear and tear) caused by a tenant whiffle
occupying the premises . The landlord has the rightIto
require you to pay rent until you actually move out.
IOnly after you have moved out do you have a right to a
refund of your security deposit. ( You could, however, ask
the landlord to let you live out the security deposit . I't' s
I
up to the landlord whether or not you will be allowed tol do
this . )
1
IC . Security deposit refund. If you have paid all of your
rent and have not damaged the apartment, your landlord must
refund your security deposit after you move out at the ;end
1 of the lease term.
Your landlord is entitled to inspect your apartment beflore
11 refunding the deposit. If your landlord does not reflund
your security deposit, you should make a written request Ifor
it and remember to keep a copy . of it for your records . If
that does not work, you can file a lawsuit against the
1 landlord in small claims court.
The landlord cannot withhold the security deposit simply
II because there has been ordinary wear and tear to Ithe
apartment. Thus, if the apartment needs to be repainted
because it hasn' t been painted during your tenancy, or iif a
I
faucet needs a worn-out washer replaced, or if an old window
cord has brokendue to normal use, the landlord cannot
charge you for these expenses .
' An Illinois Statute (Chapter 80 Section 101) provides that
if you live in a building with 10 or more units, your
landlord must send you an itemized statement of any damage
I claimed and the estimated of actual cost of repair within 30
days after you move out. If the landlord gives the actual
costs, he must attach copies of paid receipts within. 30 days
after giving the estimates . If the landlord does not do
I
this, he cannot withhold any part of the security deposit ,
but instead must refund it in full within 45 days after Iyou
move out.
iIf the landlord does not provide you with the required list
or return your deposit within the required time, you should
I make a written request for it. It is advisable that this
letter be sent by certified mail . Keep a copy of your
letter. If that doesn't work, you . can file a lawsuit
against your landlord to recover . the deposit. The law
I
provides that if the court finds that these requirements
have been violated, the landlord must pay you damages equal
II45
TERMINATING THE TENANT-LANDLORD RELATIONSHIP
to twice the amount of your deposit, plus your court costs
and attorneys ' fees .
Remember: If you live in a building with 25 of more units, the
landlord must pay 5% interest for every 12-month period (See Chapter
7) . This interest must be paid on security deposits held for six ( 6 )
months or more.
2 . Moving Out Before the Lease Expires
D
If you have a , written lease for a fixed term, you are obligated to
fulfill the provisions of the lease for the entire term. If there is
11
a legitimate reason why you need to move out of the apartment before
the term expires, you have a few options . However, you should have a
good reason for moving, such as : a job change to another city, you
want to purchase a house, you have lost your job and can no longer
afford the apartment, or you or someone living with you is pregnant
and the apartment will be too small . These are all good reasons why
someone might need to move out before a lease expires .
Read your lease carefully. Some leases will have a provision that
if the tenant purchases a home, he will be excused for the remainder
of the lease term if he gives the landlord enough notice, such as
60 to 90 days . You may have this provision in your lease, especially
if your landlord is a licensed real estate agent.
11
If there is no reason why you need to move, but you simply want to
move to another place, do not expect your landlord to ignore the
provisions of your lease.
Here are the steps you should take if you have a good reason for
needing to move out before your lease expires :
a. Contact your landlord immediately. This should be your
very first step. The sooner you tell your landlord why you
may need to move, the more cooperative he will be.
•
1l
11
46
TERMINATING THE TENANT-LANDLORD RELATIONSHIP
1
b. Ask your landlord if he wants you to find someone to sublet
the apartment. If the landlord has enough notice that you need
to move, he may want to find his own tenant (get this1in
writing) . But, it is also a good idea for you to be looking Ifor
a suitable tenant to sublet - one with similar financial
qualifications, family size, and references . If something
happens, and you need to move, and the landlord has not found a
new tenant, he may try to charge you rent for the remainderiof
the lease. On the other hand, if you find a suitable tenant, he
cannot be arbitrarily rejected by the landlord. If the tenantLis
' qualified to rent the apartment, and the landlord rejects him,
your landlord cannot force you to pay the rent due for ,the
remainder of the lease term.
' If thelandlord accepts the subtenant, the landlord can hold
your security deposit until the end of the lease. (You could ask
the landlord to take a new security deposit from the subtenant
' and refund your deposit now. Your landlord might agree to that
procedure, but he does not have to. )
' If your landlord wants to charge a fee before accepting a
subtenant, you should check to see if your lease allows for such
a charge. If not, you have no obligation to pay.
' Finally, if the subtenant fails to _pay the rent for the remainder
of you r lease, you will be obligated to pay it . If this happens,
you have the right to collect it from the subtenant.
c. Lease cancellation. Even if you do find a suitable subtenant
willing to rent your apartment through the remainder of' your lease, ask the landlord to cancel your lease. Your landlord
can cancel your lease and give the subtenant a new lease for an
agreed upon length of time.
It might be in the landlord' s best interest to cancel your lease,
because this allows him to re-rent the apartment for a new berm
1 and a higher rent.
Instead of finding a subtenant, you can try to negotiate a
cancellation of your lease. Sometimes the landlord . will want to
charge you a fee to cover the costs of finding a new tenant.
Check your lease to see if there is a provision for this . 1I
not, the amount of the fee is negotiable. Do not wait until the
' last minute to try to negotiate a cancelation of your lease.
If the landlord says you can move out, get this in writing all ng
' with the date that the lease will be cancelled and a statement
that you will not be liable for the rent after the cancelat'ion
date.
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TERMINATING THE TENANT-LANDLORD RELATIONSHIP
11
If you are thinking of moving out of your apartment in the middle of
the lease term because of the condition of the apartment an the
landlord has not made the necessary repairs, see sections D and E .
C. LANDLORD WANTS THE TENANT TO MOVE OUT
II
1. At the End of the Lease e
If your tenant has a written lease for a fixed term, it ' s up to you
whether or not you want to renew your tenant ' s lease. There are two
exceptions to which you cannot refuse to renew a tenant ' s lease:
a. because of your tenant ' s race, color, religion, national
origin, sex, ancestry, handicap, marital status, of familial
status ; or
b. because your tenant made a good faith complaint to a 11
government agency of a violation of any applicable building
code, health regulation, of discriminatory housing practice.
11
1) Notifying the tenant. You should notify your tenant if you do
not plan to renew his lease at the end of the term. This notice
should be given by the time the next to the last rent payment is
due,
11
2) Security deposit refund. You have an obligation to return the
tenant' s security deposit within 30 days . Most landlords will
return the deposit to the tenant at the same time that the tenant
returns the keys to the apartment. This is usually done the day
the tenant is moving out. You should walk through the rental
unit with the tenant the day he moves out. If this is not
convenient with for you, then make an appointment with the tenant
to do so before a new tenant moves in. Once a new tenant moves
in, you cannot expect to claim that the old tenant did damage to
the apartment that should be deduced from the apartment.
If there is damage to the apartment that you believe should be
11
deducted from the tenant ' s security deposit, point the damage out
to the tenant. Remember that normal wear and tear is your
responsibility.
There are certain things that you can expect the tenant to do before
moving out, which you should detail in the lease agreement. Examples
of these expectations are:
48
i
TERMINATING THE TENANT-LANDLORD RELATIONSHIP
I
' a. That the apartment will be - left in substantially the same
clean condition as it was at the time of occupancy.
b. That if the appliances (stove and refrigerator) are not
' reasonably clean - provided they were clean when the tenant
moved in - a fixed amount should be the cost you would have
to pay to have them cleaned.
c. That the cupboards, sinks, bathroom fixtures will be clean,
if they were clean when the tenant moved in.
' d. That all the tenant ' s belongings will be removed from ' the
apartment and that trash will be bagged properly and left at
its normal pick-up area. You can specify in the lease what
' the charge to the security deposit will be if you have to
haul out furniture or other belongings that have been left
behind.
Normal wear and tear, on the other hand, is your responsibility as a
landlord. Typical things that you should expect to do before renting
an apartment to a new tenant include:
a. Painting the walls, woodwork, doors, etc .
' b. Having any carpet cleaned.
' c. Having the apartment lightly cleaned, i .e. sweeping, mopping
floors, washing light fixtures, etc.
d. Replacing worn out light bulbs .
e. Any necessary minor repairs, such as replacing a worn-out
washer on a sink faucet, replacing an old door knob, screen,
1 etc .
f . Washing the windows if needed.
g. Having the furnace cleaned, if necessary, including
replacing the filter.
' Refer to Section B of this chapter for more information about the
landlord' s responsibilities to refund the security deposit and what
you must do if you deduct part or all of it for repairs .
1
D. EVICTION PROCEDURES
The following discussion of eviction procedures should be . read by
both the tenants and the landlords, because both parties need ' to
49
11
TERMINATING THE TENANT-LANDLORD RELATIONSHIP
0
understand the process . (For tenants in public or subsidized housing,
eviction procedures are more complicated and are discussed in
Chapter 9 . )
1. Grounds of Eviction
11
There are four main reasons why a landlord may have grounds to evict
a tenant:
D
1) The lease has expired and the landlord has a good reason not
to renew the tenant ' s lease, and the tenant refuses to move a
out.
2) The tenant owes the landlord rent.
3) The tenant has violated a provision of the lease.
4 ) There is no written lease, and after proper notice has been
served (see below for notification procedure) , the tenant 11
still refused to move out.
2 . How Long Does the Eviction Process Take?
11
Here' s an example of how fast a landlord can evict a tenant. If the
landlord or the Sheriff delays, it will take more time. It will also
take more time if the landlord of the tenant ask for a jury trial .
June Rent is due but not paid.
1
June 2 Landlord serves a five-day Termination of Tenancy
Notice.
June 7 Last day on which landlord must accept late rent from
tenant.
June 8 Landlord files eviction lawsuit. Complaint and Summons
11
issued.
June 9 Sheriff serves Summons on the tenant.
June 22 Trial Date (At least 14 days after summons is issued. )
July 7. Eviction Date (Usually 15 days after trial date. ) 11
July 12 The Sheriff, if behind in evictions, might not actually
evict the tenant until several days after the eviction
date.
II
50
1
TERMINATING THE TENANT-LANDLORD RELATIONSHIP
i
3. Termination of Tenancy Notice
Prior to actually evicting a tenant, notice must be given to the
tenant that he, in fact, is about to be evicted. This is called a
' "Termination of Tenancy Notice. " The landlord does not have to give
the tenant any notice that he wants the tenant to move if the tenant
has a lease for a fixed term ( such as one year) . The tenant is
' required to move unless the lease has been renewed. To avoid
problems, the landlord should notify the tenant that he does not plan
to renew the lease.
' In all other situations, the landlord must first give the tenant a
"termination notice" advising the tenant that the landlord wants him
to move out. (The one possible exception to this rule is if the
lease says the landlord does not have to give the notice. See
Chapter 4 for a discussion of this lease clause. )
There are different types of termination notices . The most commonly
used noticed and their purposes are listed below.
1) Five-Day Notice: This notice is given if the tenant has not
paid rent that is due to the landlord. The five-day notice
specifies the amount of rent claimed, and gives the tenant five
days to pay that amount. . If the tenant offers to pay the rent
claimed in that five day period, the landlord must accept it.
. The court will not allow a landlord to evict a tenantfor not
paying rent if the tenant has offered to pay and the landlord
refused to accept it.
1 2) Ten-Day Notice: This notice is given if the tenant has
violated any other condition of the lease. The notice must
' specify the violation, and ask the tenant to move out in ten days
because of the violation.
Depending on the violation, the tenant can offer to correct the
' violation immediately if possible. For instance, if the lease
states no pets, and the tenant took in a stray animal, the tenant
could offer to get rid of the animal immediately. Then, an
eviction trial may not be necessary.
i
1
' 51
4
TERMINATING THE TENANT-LANDLORD RELATIONSHIP
11
3) Seven or Thirty-Day Notice: If there is no written lease, the
landlord can ask the tenant to move out without giving a reason.
If rent it paid monthly, the landlord must give a thirty-day
notice to the tenant, stating that in thirty days the tenant must
move out or risk eviction. Likewise, if the rent is paid by the
week, the landlord is required to give a seven-day notice.
4. Serving of the Termination Notice11
An Illinois statue provides that a landlord of his agent can serve a
termination notice in one of the following four ways :
a) Deliver a copy to the tenant personally; 11
b) Leave a copy with a person above the age of ten ( 10) who
lives in the apartment;
c) . Mail a copy to the tenant by certified or registered mail,
returned receipt requested, or
d) If no one is home, the notice can be posted on the premises .
The landlord cannot slip the notice under the door. If you find a
notice under the door, do not ignore it; either pay the rent which is
due, or speak to an attorney.
5. What a Tenant Should Do if He Gets a Termination Notice11
If you get a termination notice and do not think you should have to
move out ( for example, if you believe you do not owe the rent il
claimed, or think the landlord has made a mistake in serving the
notice to you) , call the landlord and see if you can work something
• out with him. To be safe, you should offer to pay any unpaid rent.
If you get a termination notice and you do want to move, tell your
landlord when you plan to move and arrange to return the keys to the
apartment. You must pay rent at least through the day you move out,
and sometimes later depending upon the provisions of the 1-ease.
52 111
1
' TERMINATING THE TENANT-LANDLORD RELATIONSHIP
6. Filing an Eviction Law Suit
If at the end of the period of time provided in the termination
notice there is no satisfactory resolve of the problem which
initiated the notice, the landlord will file an eviction lawsuit. A
landlord (and the tenant) should get legal advice on evictions .
' Only the Sheriff is allowed to serve the eviction Complaint : and
Summons . The Sheriff must either deliver them to the tenant
' personally, or leave them with a family member who is at least 13
years of age. If left with a family member, a copy must also be
mailed to the tenant.
' NOTE : If the tenant believes that proper notice has not been served,
he should contact a. lawyer.
' Exception to this procedure: If the landlord sues for possession
of the apartment only (and not for rent) , and the Sheriff hasnot
been able to serve the tenant or a member of his family, the ' law
' allows the Sheriff to mail you a copy of the Summons , and, either
publish a notice in the newspaper, or post a notice in a public place
(usually in a courthouse) . As a result, you might not get an actual
' notice of the lawsuit until after a judge has ordered you evicted.
If this happens, a tenant should contact a lawyer.
7. What the Tenant Should Do if He Receives a Summons
Usually, a Summons will specify that you come to court on, or before
a certain date (this is known as the "return" date) to file an
' "appearance. " On, or before the return date, you should go to . the
place indicated to fill out the appearance, which is the form that
lets the court know that you want to defend the lawsuit . The clerk
will give you one of these forms .
' Whenou
y file your appearance, you will be required to pay a fee,
' usually about $15, in order to defend your case. If you do not have
the money with you, but you can get it, you can ask the clerk to
postpone the payment of the fee. If you cannot afford to pay the ' fee
at all, ask the clerk for a form which allows you to apply to sue or
defend as a poor person. You will need to fill it out and give it to
the judge. If the judge approves the 'petition' , you will not have
to pay the appearance fee. .
If you think that you have not been properly served with the Summons,
ask the clerk for a form which allows you to ask the court to dismiss
the case because the Summons was served improperly. You should 'see
an attorney in such a situation.
53
TERMINATING THE TENANT-LANDLORD RELATIONSHIP
If you want a jury trial, you must make sure the appearance form says
"jury demand" , and you must pay a fee for a six person jury. If you
want a jury trial, you should ask for it when you file your
appearance, because if you wait any longer, the court might rule that
you have "waived" your right to it. If you plan to present any of
the complicated defensed listed later in this chapter, you should
consider asking for a jury trial , because usually eviction trials are
so rushed, that you will not have a full opportunity to present your 11
case. If you do ask for a jury trial, you should contact an attorney
immediately.
When you get a Summons, you should decide whether to represent
yourself, or see an attorney. If in doubt, see an attorney. If you
decide to see an attorney, see one immediately. The lawyer can file
an appearance for you if you contact one early enough.
8.
Routine Eviction Defenses
Here is a list of routine eviction defenses which a tenant can
probably present on his own behalf; without an attorney.
* The landlord claims that you have not paid rent, but you
have either paid, or offered to pay all rent due within a
period of a five-day notice. You should have records or
witnesses to help you present this defense.
* You receive a termination notice and the landlord filed the
lawsuit before the period ran out . For example, if you
received a five-day termination notice dated June 1 , asking
you to pay rent for June 6 , and your landlord file the
eviction notice on or before June 6 , you have a defense.
The landlord cannot file the lawsuit before June 7 .
* You received too short a termination notice. For instance,
if the landlord gave you a 25-day notice when he should have
given you a 30-day notice, you have a defense.
9. More Complicated Eviction Defenses
Here are some other defenses a tenant can present. You should
, consider having an attorney represent you in these cases :
a) Rent Abatement. The law says that if the landlord sues to
evict you because you have not paid the rent, you can defend
111 54
t
ITERMINATING THE TENANT-LANDLORD RELATIONSHIP
I the action if the landlord' s failure to maintain the
building in substantial compliance with the building code
reduced the value of your apartment in at least the amount
of rent you have withheld. However, the law is not very
I
clear on how much rent you can withhold for each defect. In
order to prove the existence of defects, you should have
first taken pictures of them or asked the City Code
I Administration and Community Preservation Department to
inspect your building. See Chapter 5, Section E for further
information about withholding rent.
b) Retaliatory Eviction. Chapter 80, Section 71 of the
Illinois Statutes says that a landlord cannot evict you ', in
I retaliation for your complaining to the Building Department
about building code violations in the building where you
live. Although there is no Illinois statute that says so,
I you might also have a right not to be evicted for asking the
landlord to repair building code violations in the building,
or joining a tenant union, or otherwise exercising your
I rights as a tenant. You should have a lawyer if your
landlord threatens to evict you for any of these reasons .
I
I
c) Discrimination. The law prohibits a landlord from
discriminating against you because of your race, creed,
color, national origin, ancestry, sex, handicap, marital
I status, or familial status . If the landlord wants to evict
you for one of these reasons, you have a defense. See
Chapter 3 for further discussion.
d) Breach of lease provision. If you have not paid rent,
your landlord can serve you with a five-day notice. If you
I have violated any other provision of your lease, such as by
disturbing the neighbors, the law allows the landlord to sue
to evict you after first serving you with a ten-day notice
I
specifying the nature of the violation. At the trial, the
landlord has to prove that you violated the lease, and you
have the right to show that you didn' t . You should have ' an
IIattorney represent you in this type of case.
II10. The Eviction Trial
I Here is a list of things that both the tenant and landlord should ;do
on the date of the eviction.
I1) If you have any witnesses, ask them it come with you.
I '
55
TERMINATING THE TENANT-LANDLORD RELATIONSHIP
2 ) Take all your , papers with you to court: copies of the
termination notice, rent receipts, a copy of the lease,
photographs, summons, etc.
3) Go to the courtroom early and check with the clerk to make
sure you are in the right place.
4 ) Ask the clerk what number your case is on the list.
5) When your case is called, step up to the judge, and have
your witnesses join you.
In the courtroom, the clerk will call the case. The landlord will be
asked to show the judge the termination notice. The judge will ask
the tenant if he owes the rent specified in the notice, or if the
tenant has any defense. If the tenant says that he owes the rent,
but does not say anything else, the judge will order him to move.
Similarly, if the tenant says that he violated the lease provision
for which he was served the Summons, and does not say anything else,
expect the judge to order him to move.
The landlord must first present evidence in support of his case.
This is called presenting a "prima. facie" case. , If he claims that
the tenant has 7.1ot paid the rent,, the landlord will have to show that:
a) The tenant has not paid the full rent due; and
111
b) that he served the tenant with a proper five-day termination
notice, or that the lease has a provision, providing that
the landlord did not need to serve the notice. See Chapter.
4 .
In presenting his case, the landlord or his attorney can ask the
tenant if he received the termination notice and. paid the rent. If
the landlord has not brought the termination notice or lease to
court, the tenant can ask that the case be dismissed. If the judge
asks the tenant if he received notice or paid therent, and the
landlord has not yet presented his case, the tenant can ask that the
judge to dismiss the case or have the landlord present his case first. 111
If the landlord presents sufficient evidence in support of his case,
the tenant will have to present evidence to rebut it . In other
words, the tenant will have to present his defense. Typical defenses
are explained below.
1) Payment of rent defense. If the tenant ' s defense is that he
has paid all the rent due, the tenant must prove that the
landlord accepted the rent, or that the tenant offered the full
amount of _the rent within the five-day notice period. ( If it was
56
TERMINATING THE TENANT-LANDLORD RELATIONSHIP
' offered after that, it was too late; however, if payment is
accepted after the five-day notice period has expired, the
tenant is entitled to a new notice before the landlord can evict
the tenant. )
' The tenant should show the judge cancelled checks or receipts .
If the tenant paid by money order or by certified check, ' the
' landlord might say that he never received it. If this is so, the
tenant can ask the judge for at least a week' s continuance so
that he can contact the bank, or currency exchange, to prove that
the landlord received the payment.
2 ) Defective notice defense. A tenant ' s defense might be that the
termination of tenancy notice is defective on its face ( for
instance, it may only give three days instead of five days to .pay
rent that is due) . The tenant should show the defect to ;the
' judge. Similarly, if the landlord filed the suit before the end
of the period specified in the termination notice, the tenant can
show the judge his copy of the notice and of the Summons , which
' lists the date the case was filed. If the tenant never received
the termination notice, the tenant and/or the family member ;who
was supposedly given the notice will have to testify that they
never received it.
' NOTE: If no one is occupying the premises , the posting of the
notice is sufficient.
A tenant or landlord is allowed to request a jury trial . If
considering this, you should speak to a lawyer. A jury trial', is
' expensive and very time consuming. For these reasons, eviction
trials are usually bench trials rather than jury trials .
1 3) Defects in premises defense. If the tenant has not paid rent
because the building is in bad shape, the tenant can ask the
judge to continue the case so that he can contract an attorney
and subpoena any inspection records on the building. The judge
' will probably be unwilling to grant a continuance, but the tenant
might be able to persuade him by offering to pay rentfor the
' period of continuance or by showing that the withheld rent , is
being kept in a bank account. If the judge refuses to continue
the case, the tenant should testify about the condition of the
apartment, how long the landlord has failed to make repairs, and
any injury or damage suffered because of the defects .
11. Court Orders
If the judge says he ' ll give the tenant 15 days to pay the rent, the
tenant should ask him if this means he will enter an eviction order
11 57
11
TERMINATING THE TENANT-LANDLORD RELATIONSHIP
11
against him anyway, so that even if the rent is paid, the landlord
can still evict him. If the judge says this, and the tenant is
willing to pay rent, the tenant should ask the judge to order the
landlord to accept the rent and dismiss the case if the rent is paid
within 15 days . The judge should put this in writing. 1
If the tenant wins the lawsuit, the judge should "dismiss" the case,
in which case, the tenant does not have to move.
If the landlord wins the case, the judge will order the tenant to
move. The judge must give the tenant at least five days to move and
will normally allow the tenant 14 days in which to move out; unless
the judge gives more time because the tenant asks for it and gives
his reasons for the extra time.
NOTE: If either party does not understand what the judge has
ordered, ask him to explain it!
If a tenant is evicted because of nonpayment of rent, the tenant will
be liable for the rent owed. The judge will usually order payment
within a certain time period.
Only the Sheriff can evict a tenant; the landlord cannot, and the
landlord must also pay a fee to the Sheriff for the eviction. There
is usually a delay between the time when the landlord requests the
eviction, and when the Sheriff gets around to doing it.
12. What the Tenant Should Do if He Misses the Trial 11
If you miss the trial and a judgment is entered against you, you
should see a lawyer. In order to open the judgement, you will have
to show that the Sheriff did not properly serve you with the Summons,
or if you received the Summons, that you have a good excuse for
missing the trial . (Hospitalization is a good excuse; missing your
bus is not. ) You should make your request to the. judge within 30
days and be prepared to present your defense. 11
If you have no defense, you should either move out in the time
specified, or try to negotiate a settlement with the landlord. If
the landlord is willing to settle, he will probably ask you to pay
all the rent due, plus court costs as a condition as allowing you to
stay in your apartment.
11
58 II
' TERMINATING THE TENANT-LANDLORD RELATIONSHIP
13. Settling the Case Before the Eviction Trial
If both the landlord and the tenant wish to discuss settling the case
prior to trial, they may do so. However, neither side is required! to
discuss settlement, because when a case is tried, someone will lose'.
If you are a tenant and the landlord ' s attorney asks you to move ; in
15 days because that is what the judge will order you to do, you ! do
not have to agree to this . The court will only order you to move if
' you lose the case. So if you want to present your defense, do not
enter into any agreement with the landlord or his attorney.
If both sides want to discuss settlement, you should be sure that you
' understand each other' s position. It is best to put the settlement
in writing and present it to the judge.
' If a settlement is reached, the following things should be included
in the written agreement if they are part of the settlement:
' * The specific date by which the tenant will move out of the
apartment .
' * The amount of rent the tenant is required to pay and the
date it is due.
' * Whether or not the tenant will be allowed to stay in the
apartment if the rent due is paid.
* The specific dollar amount that will be paid by either side
' for court costs or attorney' s fees .
* If the settlement provides for a judgement for the landlord,
but also allows the tenant to stay if he pays the rent in a
certain period of time, the settlement should provide that
the landlord will not enforce or will vacate the judgement
if the rent is paid in time.
If the lawyer for the other side drafts a settlement agreement for
' you to sign and you have any questions about its meaning, do not sign
it. Instead, wait for the case to be called, and ask the judge to
explain it to you. Then, if you like it, you can sign it, or if you
do not, you can go to trial again.
If you settle the case, ask for a copy of the settlement agreement.
' If you are the tenant and you have agreed to an order directing you
to move, the landlord has no duty to give you more time. Moreover,
the judge probably will not give you more time. If you want more
time, you have to negotiate for it . Most landlords will not give you
more time unless you pay for it, and if you reach such an agreement,
put it in writing.
' 59
TERMINATING THE TENANT-LANDLORD RELATIONSHIP
E. LOCK-OUTS
11
It is illegal_ for a landlord to evict a tenant by locking him out.
Instead, the landlord must file a lawsuit to evict the tenant.
Moreover, if the landlord wins the lawsuit, only the Sheriff can
physically evict a tenant.
The only exception to this rule is the Innkeeper Statute discussed
below.
1. Innkeeper Statute
The Innkeeper Statute provides that a hotel or motel owner may seize
all of the belongings on the premises of a guest who has failed to
pay his bill . (Chapter 71 of the Illinois Statutes) The law
authorizes the owner to later sell the property if the bill is not
paid.. Courts have interpreted this law to allow the owner not only
to seize property, but also to lock-out the guest. However, the
owner' s actions may be subject to legal challenge, if any of the
following are true. fi
a. the occupant has signed a lease with the owner, so that he
is a tenant and not merely a guest; if
b. the owner has failed to post a copy of the Innkeeper Statute
in the building, or if
c . the building has fewer than 25 rooms .
See a lawyer immediately if you are staying in a motel or hotel, and
you are threatened with a lock-out.
2. Remedies for Illegal Lock-Outs
If a landlord illegally locks out a tenant or attempts to evict a
11
tenant by cutting off utilities, the tenant can file a lawsuit asking
the court to take any of the following actions against the landlord:
•
illegal Order the landlord to stopthe ille al conduct and let the
tenant back into the apartment;
60
I
TERMINATING THE TENANT-LANDLORD RELATIONSHIP
' b. Order the landlord to pay the tenant for the loss of use of
the apartment and for any residing inconveniences;
c . Order the landlord to pay punitive damages to the tenant, lif
I
the landlord has acted maliciously, and/or
d. Order the landlord to pay any loss due to damage of the
III' tenant ' s property, if any, done in the course of the
lock-out.-
1
IFIf the landlord has intentionally or recklessly damaged the tenant' s
property, or caused a breach of the peace, the tenant can call the
police and/or file a criminal complaint against the landlord. ITo
I find out how to file a criminal complaint, contact the Elgin_ Police
Department.
I 1
I
I
I
I
I
I
I61
CHAPTER 9: SUBSIDIZED HOUSING
A. INTRODUCTION
This chapter deals with subsidized rental housing programs . There
are four programs that will be discussed: FHA' s 236 program; Public
Housing administered by the Housing Authority of Elgin; the Section 8
Certificate Program and the Section 8 Voucher Program. We will also
discuss the role of the private landlord in subsidized housing
programs and the Illinois Housing Development Authority.
An important point to remember is that most of the state and local
laws which apply to private landlords, generally also apply to public
or governmentally regulated landlords . For example, both private and
public/governmentally regulated landlords must file a lawsuit in
order to evict a tenant. Moreover, tenants in public or
governmentally regulated housing frequently have rights in addition
to those which tenants of private landlords have.
0
B. FHA RENTAL HOUSING: 236 PROGRAM
FHA rental housing is privately owned housing which is regulated by
the Federal Housing Administration (FHA) . The FHA insures the
mortgage on these building and in the case of 236 housing, provides a
subsidy to the landlord which must be passed on to eligible tenants
in the form of lower rents . fl
Under the 236 program, the Department of Housing and Urban
Development pays the landlord a subsidy that reduces the mortgage
interest from the market rate to 1% . In return for the subsidy, the
landlord is regulated by the FHA as the amount of rent he can charge,
tenant eligibility requirements, rent increases, and evictions . 1
The program is supposed to have rents at levels affordable by
moderate income tenants, but increased operating expenses, and on
some occasions, mismanagement by the private landlords can cause
rents to increase above this level .
Some of these buildings can gave additional subsidies available for
some of the units in the building, but increased operation expenses,
and on some occasions, mismanagement by private landlords, can rent
to increase above this level .
62
SUBSIDIZED HOUSING
1. Admission Requirements
Each FHA-subsidized program has specific admission eligibility
requirements based on income, family composition, and other
criteria. The income limits are usually increased each year. You
can call HUD ( 312 ) 353-6387 to find out if the ones listed below,
effective as of June 1982, have been increased:
' No. of Persons Income Limit No. of Persons Income Limit
1 $15, 250 5 $23, 100
2 17 ,400 6 24 ,450
' 3 19 ,550 7 25, 850
4 21, 750 8 or more 27 ,200
1
2 . Amount of Rent Due
If you live in a 236 housingunit, you must paya "basic rental"
charge, or such amount as represents 30% of your adjusted income,
' whichever is greater, but in no case, more than the "fair market"
rental charge. The basic rent charge must be approved by HUD and is
based on the cost of operating the building with a 1% mortgage. The
market rent must also be approved by HUD and is based on the cost of
operating the building• with actual, higher interest rate on the
mortgage. The basic and market rents vary from building to building
and also depend on the size of the apartment. In most cases the
' basic rent is higher than 25% of a tenant ' s adjusted income.
In order to calculate the amount of rent you must pay, you need to
fill out the Certificate of Tenant Eligibility form. Ask the
landlord what the basic and market rent levels are for the
apartment. (You can verify this by calling the multifamily
' specialist at HUD: ( 312) 353-6387 . ) You then need to calculate what
your annual family income is . After listing your total annual
income, you must figure out your "adjusted" annual income, which is
total income minus certain deduction which are listed on the form. '
' After figuring out your adjusted annual income, divide it by 12, to
get your adjusted monthly income. Then multiply this amount by 30% .
' This is the rent you owe unless the basic rent is higher, in which
case, you have to pay the basic rent, but you never have to pay more
than the market rent.
In some buildings under this program, some tenants pay their own
utilities . Sometimes you are allowed to subtract from the rent a
' utility allowance (sometimes called a Personal Benefit Expense) ,
which is supposed to be based on the normal level of utility
consumption for your type of apartment in your building. If your
1 63
SUBSIDIZED HOUSING
average utility bill over a 12-month period is higher than the
allowance amount, you should check with other tenants in similar
units of the building to see if their bills also exceed the
allowance. If so, you might be able to get HUD to increase the
allowance for the building.
Each year, you are required to recertify your income. Rent is
recalculated using the same formula described above. Thus, if your
income goes up, your rent will go up as well, unlessyou are already
paying the market rent. Also, if your income goes down, your rent
might also go down. Remember that your rent cannot go below the
basic rent, unless you qualify for a rent supplement.
3. Rent Raises
Under the 236 program, your rent can go up if your adjusted income
goes up, but the more common reason for your rent to go up is that
HUD approves an increase in the basic rent and the market rent for
the building, as a whole. HUD is only supposed to do this when the
owner demonstrates that operating expenses over which he has "no
effective control" have increased.
HUD regulations allow tenants to file written comments with HUD when
a landlord asks HUD to approve an across-the-board rent increase.
These regulations are found in the 24th column of the "Code of
Federal Regulations, " Part 401 . The regulations require that at
. least 30 days prior to asking HUD for ari increase in rents, the
landlord mustnotify the tenants of the proposed increase. Copies of
the notice must either be delivered directly to each tenant or posted
in at least three conspicuous places in the building and in the
management office. The notice must inform the tenants of the reasons
for the request, that they may examine and copy all the documents
submitted in support of the request, and that they may submit to HUD
comments on the appropriateness of the increase. After HUD has
considered the owner' s application for a rent increase, it sends the
owner a written statement of the reasons for approval or
disapproval . The owner must deliver or post that statement in the
same manner as the original notification to tenants .
When asking HUD for permission to increase rents, the landlord is 111
required to submit a "Statement of Profit and Loss" (FHA Form . 2410)
covering the most recent accounting year. The form lists, among
1111
other things , operating expenses for that period. Because the
landlord must show that operating expenses have increased since the
last rent raise, he normally also lists the operating expenses for
the prior year. If the total operating expenses have not increased,
the landlord is not entitled to raise the rent.
In submitting comments to HUD, tenants should consider the following
questions :
64
SUBSIDIZED HOUSING
I
Ia) Is the landlord' s addition accurate?
b) Are the expenses listed actual expenses?
I c) Could the landlord have avoided or controlled an increase in; any
particular expense? Did he pay an excessive amount for ' any
particular item or service? For example, did he fail to appeal
I an exorbitant real estate tax bill, or has he purchased supplies
or services from a company he has a financial interest in for a
higher price that other companies charge?
d) What is the physical condition of the buildingand the ualit' of
I P Y q Y
maintenance? List any problems in the building. Ask HUD to
inspect the building if there are defects . If the landlord has
I
failed to keep the building in good condition and repair, HUD may
deny the rent raise request.
1e) Is the requested rent increase so large that it will be a
significant hardship on most tenants? If that is the case, HUD
can require that it be implemented in stages .
1
After HUD receives the landlord' s request and any comments from the
tenants, HUD calculated the total rent the building would have to
I charge to cover the mortgage payments, reasonable operating expenses,
a management feeand vacancies, and collection losses (unpaid
rents) . If the total is higher than rents were last set, HUD will
I send a letter to the landlord advising him that the total rental
amount for the building may be increased, and asking the landlord to
submit a revised "Rental Schedule, " which breaks down the total rent
into rent levels for each apartment type. After the landlord submits
Ithis form, HUD sends him a letter approving or disapproving it. ` HUD
must provide the owner with a statement of the reasons for , the
decision, which the owner is required to deliver or post in the same
Imanner as the original notification to the tenants .
Before putting the rent raise into effect, the landlord must give you
I a least a 30-day written notice of the rent raise before it becomes
effective.
NOTE: Operating expenses are in fact increasing. If the landlord
Ihas followed the proper procedures and actual expenses have, in fact
increased, HUD will approve the rent raise . The solution to the
problem of tenants having to pay higher rent because of rising
I operating costs is, in part, a political one : the government should
provide more rent subsidies or otherwise make rental housing cheaper.
II
I
I65
SUBSIDIZED HOUSING
4 . Form Leases
In November, 1981, HUD issued a Handbook (#4350 . 3 ) requiring
landlords of FHA housing to include particular provisions in the
leases they use, and to exclude certain provisions (these are the
same excluded provisions listed in Section D later in this chapter) .
A copy of this handbook can be obtained from the HUD office at 1
North Dearborn in Chicago.
5. Evictions
Before a landlord of HUD-subsidized housing can evict a tenant, he
must comply not only with the requirements of Illinois law which
apply to evictions, but also the regulation issued by HUD ( found at
Volume 24 of the Code of Federal Regulations at Part 450) , which
provide that tenants in subsidized projects (of projects which have
been acquired by HUD) can only be evicted if the landlord can prove:
a) material noncompliance with the rental agreement, such as
nonpayment of rent; 0
b) material failure to carry out obligation under the state
tenant-landlord act; or
c) other good cause.
Within specified times prior to instituting court action to evict a
tenant, the landlord must provide the tenant with a notice stating:
111
a) when the tenancy is to be terminated;,
b) the reasons for termination with enough specificity to
enable the tenant to prepare a defense;
c) that the tenant may present his case in court; and
d) stating that the tenant has 10 days to discuss the matter
with the landlord.
Any tenant faced with eviction should seek legal advice. For a
further discussion of eviction, see Chapter 8 . 110
11
66
SUBSIDIZED HOUSING
1
C. PUBLIC HOUSING
This section of the chapter will deal with low income public
housing. Such housing is built and operated by local housing
authorities and is subsidized and regulated by the federal government
' through the Department of Housing and Urban Development (HUD) . This
section will focus on public housing in the City of Elgin
administered by the Housing Authority of Elgin (HAE) . However,
U
because federal regulations apply to all public housing throughout
the country, the discussion will generally apply to all such
housing. The only exception is that the income. limits for occupancy
in such housing vary from city to city.
' The Housing Authority of Elgin (HAE) also administers the Section 8
rent subsidy programs by which tenants lived in privately-owned
' housing scattered throughout the City at rent levels which 'are
subsidized by the HAE . (These programs will be discussed in the next
section of this chapter.')
The purpose of public housing is to provide "safe, decent, and
sanitary" housing for low income persons and families . Some HAE
housing is exclusively rented to elderly citizens .
1. Eligibility for an HAE Apartment
' Eligibility for public housing is based on income and family size.
The following are HAE ' s current income limits for admission and
continued occupancy:
No. of Persons Income Limit No. of Persons Income Limit
1 $13, 750 5 $20, 800
' 2 15, 650 6 22, 000
3 17, 600 7 23,250
4 19, 600 8 or more 24 , 500
i
1 67
1I
SUBSIDIZED HOUSING
II
Although a prospective HAE tenant may fall within these income
limits, federal regulations allow HAE to reject an applicant whose
background indicates that he is likely to injure the welfare or
physical environment of other HAE tenants.. Likewise, an applicant
may . be rejected who has a history of chronic or long-term rent
delinquency.
a) Informal hearing to contest application denial . If a fi
person' s application is denied, he, can ask for an "informal
hearing" on the denial . The request should be made in
writing immediately upon receiving the rejection notice.
Prior to the hearing, the applicant is entitled to be
advised of the basis for the rejection. At the hearing, he
can present evidence to refute the negative information. An
applicant has the right to be. represented_ by an attorney or
any other person of his choice.
It is important to bring to the hearing any documentary f
evidence which may refute the information which HAE relied
on. If that information is correct, but there has been a
change in circumstances ( for example, a disruptive child
leaving the home, change in marital status, improved
financial situation) , it should be explained. In addition,
oral or written statements from persons familiar with the
applicant ' s situation or character, such as clergymen,
social workers, or employers can be helpful .
111
forpublic housing. In Elgin, you can get an
b) Application g g
application for public housing at any HAE project office or
at HAE ' s main office: 120 South State Street, Elgin 60123
(708/742-3853) . Application should be processed within
several weeks, but may vary from case to case. If an
emergency exists, such as the applicant has been burned out
of his housing, the applicant should tell the HAE of the
emergency when applying.
a
2. Rent Calculation
For tenants admitted to public housing, rent is the highest 10% of
Total Family Income or 30% of Family Income. ( "Family Income" is
currently defined as Total Family Income minus various deductions,
such as certain medical expenses and certain child care expenses -
these expenses are specified on the income certification form. )
68
SUBSIDIZED HOUSING
3. Reporting of Income
Because the amount of rent you pay is based on your income, you must
' make an annual income report to the HAE. Your rent will be adjusted
accordingly by the HAE .
' If your income goes down between reporting periods , you have the
right to have the rent lowered. If your rent is thus lowered, you
must report all changes in income thereafter until the date of he
' next annual income review.
If you fail to report an income increase, HAE can charge you the
increased rent retroactively or evict you .
4. Evictions
Although the procedures for eviction an HAE tenant are similar to
' those used by private landlords, HAE must give its tenants certain
procedural safeguards not available to tenants living in private
housing.
a) Evictions for nonpayment of rent. HAE can evict a tenant
for failing to pay rent. It is the HAE ' s general practice .
to bill a tenant in the second month for rent not paid in
the first month. If a tenant is not current by the third
month, HAE will normally serve the tenant with a 14-day
111 notice entitled "Landlord' s Notice and Demand for Rent. "
If the tenant offers to pay all rent owed within the 14-day
period, HAE must accept it. A tenant may request a
grievance hearing to question whether the rent claimed is
really owed. If the tenant does not offer to pay, HAE will
file a lawsuit to evict the tenant. Under no circumstanced
may a tenant be evicted before the lawsuit is filed and a
judge has ruled in favor of HAE. Eviction procedures ' and
requirements for service of summons are described in Chapter
1 8 .
b) Eviction for cause ' (breach of lease) . HAE may also evict
a tenant for a serious or repeated lease violation. For
example, a tenant may be evicted if his or his family' s
actions endanger other tenants . Common problems include
burglary, assault, and drug dealing. A tenant may also be
evicted if a person who is not listed on the lease is living
permanently in the apartment.
69
I
SUBSIDIZED HOUSING
II
When HAE decides to evict a tenant, HAE will send the tenant a notice
proposing to terminate the tenancy. The tenant will be invited to
come to . the project office to discuss the matter informally. The
tenant may bring a representative to this informal meeting. If the
matter is not resolved, HAE will then serve the tenant with a notice
stating that it still proposes to terminate the tenancy, and a
postcard which must be filled out and returned in order to request a
formal grievance hearing to contest HAE ' s decision to evict.
The tenant should comply with all time requirements on the postcard.
The tenant has the right to examine his file prior to the hearing and
to be represented by an attorney, or other representative, at the
formal hearing.
Federal regulations allow HAE to skip the formal grievance procedure
if an eviction is based upon the tenant' s "creation or maintenance of
a threat to the health and safety of other tenants of HAE employees . "
The grievance panel ' s decision will be reported to the tenant within
20 days after the hearing. If the tenant loses a grievance hearing,
he can expect HAE to proceed with the eviction. See Chapter 8 for
the procedures .
5. Rent Withholding
Federal regulations provide that a tenant may withhold rent when HAE a
fails to correct problems in a building which create a serious hazard
to the tenant ' s life, health, or well. being. Generally speaking, the
tenant must follow the steps set out in a grievance procedure.
Specifically, the tenant must, in writing, call the matter to the
attention of HAE management, request an "informal conference, " and
ultimately request a "formal hearing, ". all for the purpose of
determining if the hazard exists and, if so, to what extent the rent
should be reduced.
Rent abatement is a serious matter, because the tenant risks eviction n
for nonpayment of rent. Therefore, a tenant should not initiate the
rent abatement process without first seeking legal advice. See
Chapter 5 for a further discussion of withholding rent.
D. SECTION 8 RENTAL ASSISTANCE PROGRAMS
The Section 8 RentalAssistance Programs are federally funded
programs providing rent subsidies to low and moderate income tenants
who live in privately owned housing. The programs are funded by the
Federal Department of Housing Authority of Elgin (HAE) .
70
I
SUBSIDIZED HOUSING
I There are two different Section 8 Rental Assistance Programs
available to low and very low. income families in Elgin: The Section
8 Certificate Program and the Section 8 Housing Voucher Program.
I Under both programs, the tenant is allowed to choose any house or
apartment he likes, provided it meets the following requirements :
1 1) Under the Section 8 Certificate Program, the housing cannot
cost more than the Fair Market Rent.
I2 ) Under the Section 8 Housing Voucher Program, a family may
choose to rent a more expensive house of apartment and pay the
extra amount.
I3) ' Under both programs, the rent subsidy is based upon 30% of your
income. A utility allowance is given when calculating the amount
Iyou are expected to pay.
The house or apartment must meet Housing Quality Standards . These
Istandards are fairly basic. For example, every house or apartment
must have at least one living room, kitchen, and bathroom. A
one-room efficiency apartment with a kitchen area is all right.
However, there must be a separate bathroom for the private use of
I
your family.
Generally, there must be one living/sleeping room for every two
I
family members .
I
1. Income Limits
I In order to be eligible for a Section 8 subsidy, families; or
individuals must have incomes not exceeding 80% of the median family
income for the metropolitan area. Contact the HAE office to find out
I
the current income limits ( 708/742-3853) .
I
2. Certificate and Voucher Availability
I HUD determines the number of certificates and vouchers that any local
authority ( in Elgin, the Housing Authority of Elgin) is allowed to
issue in a given year.
IThe Housing Authority of Elgin currently has a waiting list for
Section 8 Certificates and Vouchers . Generally in March of each
Iyear, a notice is published in the local newspaper announcing the
acceptance of applications for Section 8 Certificates/Vouchers .
1 71
SUBSIDIZED HOUSING
3. Finding an Apartment or House for Rent
Once a tenant is issued a Section 8 Certificate or Voucher, he must
find an apartment or house to rent with .a landlord who is willing to
rent under the program.
The HAE maintains a list of landlords who own units that have already
been approved by
HAE.
If the apartment of house has not been approved by HAE and the
landlord is willing to rent under one of the Section 8 programs, the
• following steps must be taken:
a) The tenant must submit a Request for Lease Approval . Both
tenant and landlord need to find this form.
b) HAE must conduct an official inspection. The inspection
will be done to verify that the apartment meets the Housing
Quality Standards . These standards apply to six areas of a
house or apartment:
1) Living Room •
2 ) Kitchen 111
3). Bathroom
4 ) Other Rooms
5) Building Exterior, Plumbing and Heating
6 ) Health and Safety
A pamphlet titled "A Good Place to Live! " which outlines the
11
specific standards, is available from HAE.
c) The tenant must submit a Family Inspection Report .
d) A copy of the lease must be submitted. The lease used by
a landlord of Section 8 housing specifies the part of the
rent paid by the tenant and the part which will be paid by111
HUD through HAE.
In addition, there are certain clauses which cannot be in
the lease:
Confession of Judgment Distress for Rent
Exculpatory Clause Waiver for Jury Trial
Waiver of Legal Notice to Tenant
Waiver of Legal Proceedings
Waiver of Right to Appeal
Tenant Chargeable to . Cost of Legal Actions Regardless or
Outcome
72
1
SUBSIDIZED HOUSING
Most of these clauses are not enforceable anyway. See Chapter 4, for
' further discussion.
E. PROHIBITION OF FEDERAL HOUSING RENT SUBSIDIES TO ILLEGAL ALIENS
In 1981 Congress passed a law limiting participation in the public
housing, Section 8, Section 236, and Rent Supplement Programs to
citizens, and "eligible aliens" defined by nine different
categories . Applicants for such housing must provide documents
showing that they are citizens or eligible aliens, and must consent
' to verification thereof. Existing tenants must . provide 'such
information at their annual income recertification if they wish to.
continue receiving a housing subsidy. You should contact an attorney
' or other specialist in immigration law if you have a question about
your status as a citizen or eligible alien.
F. ILLINOIS HOUSING DEVELOPMENT AUTHORITY -
IHDA
The Illinois Housing Development Authority ( IHDA) is another source
of subsidized rental housing. IHDA loans funds to private developers
and not-for-profit organizations for the construction or
rehabilitation of rental housing. This privately owned housing is
regulated by IHDA and must be made available to low and moderate
income persons .
A person who wants to live in IHDA housing must apply ford an
' apartment at the rental office of the development which he wants to
live in. To get a list of IHDA projects, you can call IHDA at
1-800/942-8439 .
IHDA requires that landlords use a form lease approved by IHDA. This
lease contains none of the clauses prohibited by HUD under Section 8
Programs .
' ' In order to raise rents, the manager of and IHDA buildingsimply
needs to give a 30-day notice at the end of the lease term. For
those tenants receiving Section 8 assistance, the Section 8 program
will pay the increase for you. If the IHDA housing is subsidized
under the FHA 236 program, the management must follow the notice and
' comment procedures discussed in Section B of this chapter before
implementing the increase. The only difference is that IHDA, !not
HUD, must approve the rent raise.
In IHDA housing, evictions are left up to the management. IHDA does
not need to approve an eviction, but the landlord must comply with
. i
73
SUBSIDIZED HOUSING
Illinois law in evicting a tenant. If, however, the building is an
FHA 236 project, the landlord must comply with the eviction111
regulations pertaining to that type of housing.
1
G. SMALL CLAIMS COURT PROCEDURES
11
Persons who are not represented by attorneys can file their own law
suits provided the claim is for less than $2, 500 . In order to file a
small claims case, you must first file a complaint and have a summons
served on the opposing party (defendant) . In Kane County, small
claims law suits are filed in Geneva at the courthouse on South Third
Street (Phone: 232-3400) .
1. Filing the Case
A fee is charged for filing complaints and having summons served.
Once the complaint and summons are filed, a cashier will collect the
fee and stamp all the papers with a case number. He will also give
you some of the papers back for you to bring to court on the date of
your hearing.
The clerk will send a copy of the complaint and the summons to the
defendant by certified mail . Your case will be scheduled only if the
defendant gets the summons . To find out whether the defendant got
the summons, you can go to the courthouse within two weeks after
the date you specified on the summons as the ' return date. ' Ask the 111
clerk to show you the return day books and by looking at these books,
you can find out whether defendant got the summons, and when the
trial is scheduled. You will need to know your case name, number,
and return date.
2 . Hearing
On the day set for the hearing, bring all of your witnesses with you,
together with the complaint and any other papers you have relating to
the case (receipts, contracts, etc. ) . Check in with the clerk and
when the case is called, go up to the judge with your witnesses . The
judge will listen to your testimony and that of your witnesses, and
then to the defendant.
Do not be surprised if the judge tells both of you that he will haveEl
a decision at a later time. If the judge is not prepared to make a
decision at the hearing, he will tell you the date that he will have
his decision and may ask that you call the bailiff on that date to
find out the disposition of your case.
74
CHAPTER 10: APPENDIX
A. WHERE TO GO FOR MORE INFORMATION OR ASSISTANCE
1 . HUMAN RELATIONS COMMISSION
150 Dexter Court
Elgin, IL 60120
1 708/931-5618
The Human Relations Commission meets on the first Tuesday of 'each
' month at 7 : 00 p.m. at the City Hall . Meetings are open to, the
public .
' 2 . PRAIRIE STATE LEGAL SERVICES
10 E. State Avenue, Suite 102
St. Charles IL 60174
708/232-9415
' 3 . Code Administration and Community Preservation Department
City of Elgin
150 Dexter Court
Elgin, IL 60120
' 708/931-5921
' 4 . HOUSING AUTHORITY OF ELGIN
120 South State Street
Elgin, IL 60123
. 708/742-3853
708/742-2245 (Section 8 Program)
' 5 . ILLINOIS DEPARTMENT OF HUMAN RIGHTS
100 W. Randolph Street, Suite 10-100
Chicago, IL 60601
312/814-6200
6 . U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)
Fair Housing and Equal Opportunity
77 W. Jackson Blvd.
Chicago, IL 60604
312/353-7776
75
•
B. FORMS
1. The 5-Day Notice can be served by the landlord if the tenant
fails to pay rent on time. (See Chapter 8, Section D. )
LANDLORD'S FIVE DAYS' NOTIAJ
To
You are hereby notified that there is now due the unclersjgned landlo e sum of
Dollars a.• \ / Cents,
being rent for the premises situated in - , Co ty of
and State of Illinois, described follows, o wit: •
•
•
toget er all buildings, sheds, closets, out-buildings, garages and barns used in connection with said
premises.
An. you are further notified that payment of said sum so due has been and is hereby demanded of
you, and t at unless payment thereof is made on or before the expiration of five days after service of this
noti •our lease of said premises will be terminated
•
is hereby authorized to receive said rent
so due,for the undersigned.
•
Only FULL PAYMENT of the rent demanded in this notice will waive the landlord's right to terminate
the lease under this notice,unless the landlord agrees in writing to continue the lease in exchange for receiving
partial payment.
Dated this day of , 19
Landlord
By
• Agent or Attorn y
•
STATE OF ILLINOIS( SS. AFFIDAVIT OF SERVICE—When served by a person not an officer.
COUNTY OF
. being duly sworn. on oath deposes and
says that on the day of . 19_he served the within notice
on the tenant named therein•as follows:•
(1) by delivering a copy thereof to the within named tenant
(2) by delivering a copy thereof to •
a person above the age of ten years.residing on or in charge of the within described premises.
(3) by sending a copy thereof to said tenant by •• ;centfiedregistered mail,with request for return of receipt from the addressee.
(4) by posting a copy thereof on the main door of the within described premises,no one being in actual possession thereof.
11
Subscribed and sworn to before me this
day of 19_
'Strata out all paragraph mot applicable.
••Stri*out rout not applicable.
Notary Public
• 76
3. The 10-DayNotice .can be served bythe landlord when a
. provision of the lease is broken, other than the rent due
' provision. (See Chapter 8, Section D.
LANDLORD'S TEN DAYS' NOTICE
CAUTCN Consul a Y.yr tabs wry or MN volt ns loner N rr.rraa.nctLbpNegcNoNONy r+0 anaaa.A sanded.
To
You are hereby notified that there is now due me the sum of
• Dollars and / Cents,
' being the rent at the rate of S per month as follow!
Rent due from to
1 for the premises situated in the City of County
•
and State of Illinois, and known and •escri• as f..k. s, to-wit: /
' together with all ildings, sheds,closets,out-buildings, garages and barns used in connection with said premises.
And you further notified that payment of said sum so due has been and is hereby demanded of you,
and that unl payment thereof is made on or before the expiration of ten days after date of service of this
notice r lease of said premises will be terminated and you are further notified that unless payment is made
you will be required to vacate on or suit to recover possession of said
premises will be instituted at that date,because of said nonpayment of rent.
' is hereby authorized to receive said rent
so due for me.
Dated this day of 19
LANDLORD
AGENT OR ATTORNEY
' STATE OF ILLINOIS,
)33.County of Cook AFFIDAVIT OF SERVICE—When served by a person not an officer.
being duly sworn,on oath deposes and says
' that on the day of 19 he served the within notice
(1) by delivering a copy thereof to the within named tenant,
' (2) on said tenant by delivering a copy of the same to_
a member of the family of tenant,above the age of ten years, residing on or in possession of the within described premises.
(3) on said tenant by posting a copy of the same on the main door of the within described premises, no one being in actual
Possession thereof.
' Subscribed and sworn to before me this
day of .19_
Notary Public. Note:Strike out all except 1,2,or 3,according to the facts of service.
177
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��'' /� CITY OF ELGIN
/ e(ation$ Lommi33ion 150 Dexter Court
Elgin, IL 60120-5555
Telephone: (708) 931-5618
I HOUSING DISCRIMINATION COMPLAINT
COMPLAINT NUMBER
I
PLEASE PRINT
1 .
ILast Name First Name Middle Initial For Office Use Only
Circle: Mr. Ms. Mrs. D to
I
ate Filed
Street Address: Investigator
I .City: State & ZIP Co e:
Preliminary '
Phone No: ( ) ( ) Determination
Home vlork i
I 2. Who areou filing this com , ai agains 7
Y g P g
1 Last Name First Name ,
I Street Address:
Further Action
City: ate \.; ZIP ode:
IPhone No: ( ) i
Is the indivi.0-1 n: ed above a: (Check)
I ❑B lder . Owner ❑ Broker ❑ Salesperson ❑ Supt. or Manager
:Bank or Othe Lender Q Other(Specify) •
II e in '' vidual named above appeared to be acting for a company,
at is th name and address of the company:
3. What i the person you are complaining against do? (Check box/s,
that a ly)
I ❑ i use to rent, sell, or deal with you
❑Advertise in a discriminatory way
I ['Make housing unavailable
OFalsely deny housing was available
IQDiscriminate in financing
❑Discriminate in sale price or rental price
I Q Engage in blockbusting
Q Discriminate in broker's services
QEngage in steering
IQ Enter into a listing agreement that was discriminatory
riDiscriminate in the conditions or terms of sale, rental occupancy,
Ior in services or facilities.
Rev. 1/93 78
1
4. When did the act or acts occur? (If several dates are involved,
be sure to include most recent date. )
5. Why do you believe you were discriminated against? (Check only •
. the reason/s you believe apply in this case . )
DRace (Specify) ❑Color (Specify)
❑Sex (Specify) Dilelig' on(Specify) II
•
❑National Phys' cal
Origin (Specify) Han icap(Specify)
DAncestry (Specify) Dot r pecify)
6: What kind of house or property was involv d?
0 Single family house DA house or bui di for 2, .3, or 4 families in
DA building for 5 families or more ❑Other (Specify) II
7. Did the owner live there? DYes D,No • ❑Don't Know
8. Is the house or propert (Ch- ck)
['Being sold ❑Being ented
9. What is the address of the souse or property?
Street Address:
City, State 3c ZIP Come . N
10. Explain what hap . e \ In lude all the facts that you know. 0
If there are other\ eo le t' .t you believe have knowledge of
• what happe „ incl. de Meir -mes and addresses.
i \\\ \\ ' . ,
•
•
•
1, - . A • . .
0
• .
. .O ' i
O
1
• W
O
. . a o, u
03 b H
I swear that I have read this complaint and that it is true to 4
the best of my knowledge, information . , and belief.
c0 RI
Z°
Your Signature • Date
79