As with any other local area, renters rights also exist in Chicago. This law protects the rights of renters, ensuring they have a safe and habitable place to live. In HOA-managed properties, additional rules could impact tenants. Board members, homeowners, and renters alike should understand these laws and rules.
Understanding Renters Rights in Chicago
Renters rights, also known as tenant rights laws, refer to the legal protections for tenants when renting out a property. These rights protect renters by ensuring landlords provide safe housing, fair agreements, and legal eviction procedures.
Chicago’s renting rights cover many topics, including illegal lockouts, unreasonable rent increases, and failure to maintain essential services.
What are Chicago Renter’s Rights?
The Residential Landlord and Tenant Ordinance (RLTO) is the primary law governing rental properties in Chicago. It outlines tenant rights, landlord responsibilities, and remedies for violations.
The RLTO, first passed in 1986, protects tenants in Chicago. It applies to most rental properties except for the following:
- Units in owner-occupied buildings with six or fewer units
- Hotel and motel rooms, unless rented for more than 32 consecutive days
- Dormitories, shelters, and employee housing
- Owner-occupied condominiums and co-ops
Other Chicago ordinances, in addition to the RLTO, provide further protections to renters. These include the Fair Notice Ordinance, the Chicago Heat Ordinance, and the Chicago Cooling Ordinance.
The Fair Notice Ordinance, passed in 2020, expounds on tenant protections. This ordinance requires landlords to provide advance notice before terminating a lease, refusing a renewal, or increasing rent.
The Chicago Heat Ordinance ensures renters have access to heating during cold months. Finally, the Cooling Ordinance mandates air-conditioned common spaces in specific buildings.
Here are the key Chicago tenant rights to know.
1. Right to a Safe and Habitable Home
Landlords must maintain rental units in compliance with Chicago’s housing code. This means providing adequate heat, running water, plumbing, and electrical systems.
Tenants can request repairs. If the landlord fails to follow through, tenants may withhold rent. Alternatively, tenants can pay and deduct the repairs from the rent. If the landlord fails to complete major repairs within 14 days, tenants may terminate their lease without penalty.
2. Right to Recover from Eviction Cases
If a landlord evicts a tenant for nonpayment of rent, the tenant can stop the eviction by:
- Paying the full back rent owed
- Paying the landlord’s court filing fees
The tenant can stop the eviction process as long as a judge has yet to issue a formal eviction order.
3. Right to Security Deposit Protections
In terms of security deposits, landlords must:
- Provide a receipt for the security deposit
- Hold the deposit in a separate, interest-bearing account
- Return the deposit within 45 days after the tenant moves out
- Provide an itemized list of deductions within 30 days if withholding any portion of the deposit
Failure to follow these rules entitles the tenant to double the deposit amount in damages.
4. Right to Essential Services
Landlords must provide essential services to tenants. These services include heat, hot water, electricity, plumbing, and working smoke and carbon monoxide detectors.
If a landlord fails to provide essential services, tenants have a few options. First, they can pay for the service themselves and deduct the cost from rent. Second, they can move out and stop paying rent. Finally, they can file a lawsuit for damages.
If a landlord fails to restore an essential service within 24 hours, tenants may withhold rent based on the reduced value of the unit.
How HOAs Affect Renters in Chicago
Renters in HOA properties follow both Chicago tenant laws and HOA rules. Homeowners associations may enforce some rules that don’t apply in non-HOA communities. Here are the most common HOA restrictions on tenants.
1. Lease Term Minimums
Some HOAs have lease term minimums, only allowing rentals of more than 30 days at a time. Short-term rentals below 30 days tend to affect associations negatively. Because of this, HOAs favor long-term rentals.
2. Pet Policies
Many homeowners associations have pet policies. Some HOA communities ban pets altogether, which tends to be more common in condo associations. Meanwhile, others allow pets but highly regulate them. Common examples of pet regulations include:
- Limiting the number of pets
- Regulating the type or breed of pets
- Requiring owners to pick up after their pets
- Requiring pets to be leashed in common areas
3. Amenity Usage
Renters don’t automatically assume the right to use an HOA’s facilities and amenities. It depends on the HOA’s governing documents and, in some cases, the lease agreement. Some communities don’t allow renters access to amenities to maintain exclusivity and security.
4. Renters Rights on Voting
Homeowners usually retain the right to vote, which doesn’t automatically transfer to the renter. The HOA’s bylaws should provide more information on whether or not renters can vote. In some communities, owners/landlords can assign their renter as their proxy.
5. Board Meeting Attendance
Attending board meetings is another point of contention. The HOA’s bylaws should detail whether renters have a right to attend these meetings or serve as their landlords’ proxies.
6. Board Member Qualifications
When it comes to board membership, a renter may or may not have this right. The governing documents should shed more light on the subject. In some HOAs, renters can run for a position on the board just like anyone else. In others, only homeowners whose names appear on the title can serve on the board.
7. Maintenance Responsibility
HOA communities hold homeowners responsible for maintaining their own properties, including lawns and yards. Whether or not this responsibility transfers to tenants depends on the governing documents and the lease agreement. Renters should check with their landlord for clarification.
What Renters Need to Know Before Moving into an HOA-Managed Property
Living in an HOA community isn’t for everyone. Before renters sign their leases, it is imperative to check key points.
1. HOA Clauses in Lease Agreements
Renters should verify if the rental property is within an HOA community. If it is, renters should understand that HOAs have many rules. If they wish to proceed with the rental, they should be prepared to adhere to those rules.
Renters must check HOA-related clauses in their lease agreements. For example, renters may be responsible for lawn maintenance as the HOA requires. Renters may also find themselves in danger of eviction if they break the rules as per the lease agreement.
2. Obligation to Pay HOA Fees
Do renters pay HOA fees? The answer depends on the lease agreement between the landlord/owner and the tenant. Sometimes, the owner will add the cost of HOA dues to the rent. Other times, the renter makes these payments, with the HOA communicating the fee directly.
Renters should clarify this with their potential landlord to avoid miscommunication. If the responsibility to pay dues does fall on the renter, the renter must be comfortable with that should they wish to proceed with the rental.
3. Conflicting Rules and Laws
City laws take precedence over HOA rules. If HOA rules conflict with city laws, especially laws on renters’ rights, tenants should contact their landlord or the HOA board. Should they refuse to listen, renters may need to consult a legal expert.
How HOA Management Companies Can Help Renters and Property Owners
Management companies can help ensure HOA rules comply with Chicago renter’s rights. They help coordinate maintenance requests within HOA communities.
Additionally, rental property owners in HOA neighborhoods can benefit from understanding leasing restrictions, which HOA managers can clarify. Renters can also contact HOA managers for questions about community policies.
Some HOA management companies offer online portals for renters. These portals allow tenants to report maintenance issues, pay fees, and review HOA rules. When renters have easy access to this information, they can easily comply with regulations.
HOA management companies can also work with landlords to ensure lease agreements align with HOA policies. If a renter conflicts with an HOA rule, they can ask the management company for guidance. Sometimes, HOA managers can help resolve disputes between tenants and the board.
Knowledge is Power
Homeowners associations should understand renters’ rights in Chicago. Similarly, renters should be aware of HOA-related clauses in their lease agreements and know what implications follow. Renters should talk to their landlords or HOA managers to clarify HOA regulations better before signing a lease.
Hillcrest is the premier property management company in Chicago. Call us today at 630-627-3303 or contact us online to request a proposal!
