security deposit recovery Reda Ciprian Magnone, LLC attorney lawyers in Chicago assisting landlords and tenants

Are you a tenant or a landlord with a question about your security deposit? Contact us:

Reda | Ciprian | Magnone, LLC
8501 W. Higgins Suite 440
Chicago, Illinois 60631
fax 773.399.1144
email us


Table of Contents
5-12-010 Title Purpose Scope
5-12-020 Exclusions
5-12-030 Definitions
5-12-040 Tenant Requirements
5-12-050 Landlord Access
5-12-060 Denied of Access
5-12-070 Maintenance
5-12-080 Security Deposits
5-12-081 Interest on Deposits
5-12-082 Interest Rates
5-12-090 Owners and Agents
5-12-095 Foreclosure Notice
5-12-100 Habitability Notice
5-12-110 Tenant Remedies
5-12-120 Subleases
5-12-130 Landlord Remedies
5-12-140 Rental Agreement
5-12-150 Retaliatory Conduct
5-12-160 Occupancy Violation
5-12-170 Summary Attached
5-12-180 Attorney's Fees
5-12-190 Rights under Law
5-12-200 Severability

Municipal Code of Chicago

Chapter 5-12

Residential Landlords and Tenants

Click on an ordinance section at the left

Section 5-12-130 Landlord Remedies

Every landlord shall have the remedies specified in this section for the following circumstances:

(a) Failure to Pay Rent. If all or any portion of rent is unpaid when due and the tenant fails to pay the unpaid rent within five days after written notice by the landlord of his intention to terminate the rental agreement if rent is not so paid, the landlord may terminate the rental agreement. Nothing in this subsection shall affect a landlord's obligation to provide notice of termination of tenancy in subsidized housing as required under federal law or regulations. A landlord may also maintain an action for rent and/or damages without terminating the rental agreement.

(b) Noncompliance by Tenant. If there is material noncompliance by a tenant with a rental agreement or with Section 5-12-040, the landlord of such tenant's dwelling unit may deliver written notice to the tenant specifying the acts and/or omissions constituting the breach and that the rental agreement will terminate upon a date not less than ten days after receipt of the notice, unless the breach is remedied by the tenant within that period of time. If the breach is not remedied within the 10-day period, the residential rental agreement shall terminate as provided in the notice. The landlord may recover damages and obtain injunctive relief for any material noncompliance by the tenant with the rental agreement or with Section 5-12-040. If the tenant's noncompliance is wilful, the landlord may also recover reasonable attorney's fees.

(c) Failure to Maintain. If there is material noncompliance by the tenant with Section 5-12-040 (other than subsection (g) thereof), and the tenant fails to comply as promptly as conditions permit in case of emergency or in cases other than emergencies within 14 days of receipt of written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and have the necessary work done in the manner required by law. The landlord shall be entitled to reimbursement from the tenant of the costs of repairs under this section.

(d) Disturbance of Others. If the tenant violates Section 5-12-040(g) within 60 days after receipt of a written notice as provided in subsection (b), the landlord may obtain injunctive relief against the conduct constituting the violation, or may terminate the rental agreement on ten days' written notice to the tenant.

(e) Abandonment. Abandonment of the dwelling unit shall be deemed to have occurred when:

 (1) Actual notice has been provided to the landlord by the tenant indicating the tenant's intention not to return to the dwelling unit; or

 (2) All persons entitled under a rental agreement to occupy the dwelling unit have been absent from the unit for a period of 21 days or for one rental period when the rental agreement is for less than a month, and such persons have removed their personal property from the premises, and rent for that period is unpaid; or

 (3) All persons entitled under a rental agreement to occupy the dwelling unit have been absent from the unit for a period of 32 days, and rent for that period is unpaid.

Notwithstanding the above, abandonment of the dwelling unit shall not be deemed to have occurred if any person entitled to occupancy has provided the landlord a written notice indicating that he still intends to occupy the unit and makes full payment of all amounts due to the landlord.

If the tenant abandons the dwelling unit, the landlord shall make a good faith effort to re-rent it at a fair rental, which shall be the rent charged for comparable dwelling units in the premises or in the same neighborhood. If the landlord succeeds in re-renting the dwelling unit at a fair rental, the tenant shall be liable for the amount by which the rent due from the date of abandonment to the termination of the initial rental agreement exceeds the fair rental subsequently received by the landlord from the date of abandonment to the termination of the initial rental agreement. If the landlord makes a good faith effort to re-rent the dwelling unit at a fair rental and is unsuccessful, the tenant shall be liable for the rent due for the period of the rental agreement. The tenant shall also be liable for the reasonable advertising expenses and reasonable redecoration costs incurred by the landlord pursuant to this subsection.

(f) Disposition of Abandoned Property. If the tenant abandons the dwelling unit as described in subsection (e) hereof, or fails to remove his personal property from the premises after termination of a rental agreement, the landlord shall leave the property in the dwelling unit or remove and store all abandoned property from the dwelling unit and may dispose of the property after seven days. Notwithstanding the foregoing, if the landlord reasonably believes such abandoned property to be valueless or of such little value that the cost of storage would exceed the amount that would be realized from sale, or if such property is subject to spoilage, the landlord may immediately dispose of such property.

(g) Waiver of Landlord's Right to Terminate. If the landlord accepts the rent due knowing that there is a default in payment of rent by the tenant he thereby waives his right to terminate the rental agreement for that breach.

(h) Remedy After Termination. If the rental agreement is terminated, the landlord shall have a claim for possession and/or for rent.

(i) Notice or Renewal of Rental Agreement. No tenant shall be required to renew a rental agreement more than 90 days prior to the termination date of the rental agreement. If the landlord violates this subsection, the tenant shall recover one month's rent or actual damages, whichever is greater.

(j) Notice or Refusal to Renew Rental Agreement. Provided that the landlord has not exercised, or is not in the process of exercising, any of its rights under Section 5-12-130(a)--(h) hereof, the landlord shall notify the tenant in writing at least 30 days prior to the stated termination date of the rental agreement of the landlord's intent either to terminate a month to month tenancy or not to renew an existing rental agreement. If the landlord fails to give the required written notice, the tenant may remain in the dwelling unit for up to 60 days after the date on which such required written notice is given to the tenant, regardless of the termination date specified in the existing rental agreement. During such occupancy, the terms and conditions of the tenancy (including, without limitation, the rental rate) shall be the same as the terms and conditions during the month of tenancy immediately preceding the notice; provided, however, that if rent was waived or abated in the preceding month or months as part of the original rental agreement, the rental amount during such 60-day period shall be at the rate established on the last date that a full rent payment was made.

Have an issue?
If you believe your landlord has violated the obligation to make a timely return of your deposit or to pay interest on your deposit, please feel free to telephone us at 773-399-1122 for a free telephone consultation (most consultations require approximately ten to fifteen minutes) or email us.  

Disclaimer:  This website is purely a public resource of general information which is intended, but not promised or guaranteed, to be correct, complete, or up-to-date. This Web site is not intended to be a source of solicitation or legal advice nor should it be the basis of legal-hiring decisions. The reader should not consider this information to be an invitation for an attorney-client relationship, should not rely on information provided herein, and should always seek the advice of competent counsel.  The owner of this website, Reda | Ciprian | Magnone, LLC, is a law firm licensed to practice only in Illinois. Furthermore, the owner of this website does not wish to represent anyone desiring representation based upon viewing this website in a state where this website fails to comply with all laws and ethical rules of that state.  In a good faith effort to comply with the rules and regulations of the various states, Reda | Ciprian | Magnone, LLC would like to inform the readers of this website that it consists of advertising and promotional materials. Reda | Ciprian | Magnone, LLC makes no representations or promises that it can obtain the same results as reported in cases on this website in other legal matters.
Copyright:  Copyright Reda | Ciprian | Magnone, LLC. All copy and images. All links to sites found herein are publicly available on the World Wide Web and are provided solely for the convenience of Web site visitors. These sites may not be sponsored by, affiliated with, or the responsibility of Reda | Ciprian | Magnone, LLC. The possession of these sites and their content and the possessors of any trademarks used by Reda | Ciprian | Magnone, LLC are not represented as a sponsor and may not be directly affiliated with Reda | Ciprian | Magnone, LLC.