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
773.399.1122
fax 773.399.1144
email us

CRLTO

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 5-12-150 Prohibition on Retaliatory Conduct by Landlord

It is declared to be against public policy of the City of Chicago for a landlord to take retaliatory action against a tenant, except for violation of a rental agreement or violation of a law or ordinance. A landlord may not knowingly terminate a tenancy, increase rent, decrease services, bring or threaten to bring a lawsuit against a tenant for possession or refuse to renew a lease or tenancy because the tenant has in good faith:

(a) Complained of code violations applicable to the premises to a competent governmental agency, elected representative or public official charged with responsibility for enforcement of a building, housing, health or similar code; or

(b) Complained of a building, housing, health or similar code violation or an illegal landlord practice to a community organization or the news media; or

(c) Sought the assistance of a community organization or the news media to remedy a code violation or illegal landlord practice; or

(d) Requested the landlord to make repairs to the premises as required by a building code, health ordinance, other regulation, or the residential rental agreement; or

(e) Becomes a member of a tenant's union or similar organization; or

(f) Testified in any court or administrative proceeding concerning the condition of the premises; or

(g) Exercised any right or remedy provided by law.

If the landlord acts in violation of this section, the tenant has a defense in any retaliatory action against him for possession and is entitled to the following remedies: he shall recover possession or terminate the rental agreement and, in either case, recover an amount equal to and not more than two months' rent or twice the damages sustained by him, whichever is greater, and reasonable attorneys' fees. If the rental agreement is terminated, the landlord shall return all security and interest recoverable under Section 5-12-080 and all prepaid rent. In an action by or against the tenant, if there is evidence of tenant conduct protected herein within one year prior to the alleged act of retaliation, that evidence shall create a rebuttable presumption that the landlord's conduct was retaliatory. The presumption shall not arise if the protected tenant activity was initiated after the alleged act of retaliation.

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.  

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