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When Can a Chicago Landlord Conclude a Tenant Has Abandoned the Apartment

Written by Kreisler-Law-PC on . Posted in abandonment of apartment, Chicago landlords, Chicago Residential Landlord and Tenant Ordinance, landlord attorney, personal property, rental periods, RLTO, tenant's intention

The Chicago Residential Landlord and Tenant Ordinance (RLTO) applies to all non-owner occupied residential rental buildings as well as to owner-occupied buildings of more than six units. RLTO has helpful definitions of when a tenant can be considered to have abandoned his or her apartment. The first situation is simple, where the tenant has given actual notice to the landlord of the tenant’s intention not to return to the unit.

The second definition of abandonment requires three things:
a) That in the case of a tenancy with rental periods of one month or more, all persons entitled to occupy the apartment have been absent for a period of two (2) days or in the case of rental period of less than a month, that all persons have been absent for one rental period;
b) All persons entitled to occupy the unit have removed their personal property from the premises; and
c) Rent for the period is unpaid.

The third situation is which the landlord may conclude there has been abandonment is where all persons entitled to occupy the apartment have been absent for a period of thirty two (32) days and rent for the period is unpaid.

Feel free to contact an experienced Illinois landlord attorney at Kreisler Law if you have questions about RLTO or any other area of the laws governing landlords and tenants.

Recent Illinois Appellate Decision Shows the Peril to Chicago Landlords of Accepting Security Deposits

Written by Kreisler-Law-PC on . Posted in appellate court decision, Chicago landlords, Chicago Residential Landlord and Tenant Ordinance, Illinois landlord attorney, non-refundable "move-in" fees, RLTO, security deposit, security deposit rules, statute of limitations

The Chicago Residential Landlord and Tenant Ordinance (“RLTO”) contains a series of rules governing the acceptance of security landlords by Chicago landlords. These rules are being strictly enforced by the Courts and are leading many Chicago landlords to discontinue the practice of requiring security deposits from their tenants. Instead, many are now requiring non-refundable “move in” fees.

A recent appellate court decision shows why security deposits are on their way out. In its 2015 decision in Faison v RTFX, the Illinois Appellate Court has now held that the failure to provide a proper receipt for a $10.00 increase in a tenant’s security deposit gave rise to a requirement that the landlord return the entire $600.00 security deposit plus pay a $1,200.00 penalty plus the tenant’s attorney fees. The facts in Faison were that a landlord and tenant entered into a lease in April, 2007, which provided for a security deposit of $590.00. After the initial lease expired, the tenant continued on a month to month basis. The landlord increased the month to month rent from $590.00 to $600.00 in May, 2008 and collected an additional $10.00 security deposit, for which no receipt in the form required by RLTO was given. This happened again in May, 2009. The court held that claims regarding the May, 2008 $10.00 payment were barred by the statute of limitations but ruled that the May, 2009 $10.00 payment was not so barred.

Feel free to contact an experienced Illinois landlord attorney at Kreisler Law if you have questions about the handling of security deposits for properties subject to RLTO or any other area of the laws governing landlords and tenants.

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