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When Must a Chicago Landlord Disclose Building Code Violations to a Tenant

Written by Kreisler-Law-PC on . Posted in Chicago Landlord, Chicago Residential Landlord and Tenant Ordinance, code violations, Illinois landlord attorney, month to month tenancy, prospective tenant, renewal lease, RLTO

The Chicago Residential Landlord and Tenant Ordinance (RLTO) requires that a Chicago Landlord in a non-owner occupied building or in an owner-occupied building of more than six units must notify a prospective tenant in writing of any code violations in the building which have been cited during the previous 12 months and of any pending code enforcement proceedings. The same disclosure must be made in writing when the lease is renewed.

However, a recent Illinois appellate court case created and exception where rather than entering a new written renewal lease, the tenant simply continued to occupy the apartment after expiration of the initial lease. Under Illinois law, this situation created what is called a “month to month tenancy”. The recent appellate decision held that a month to month tenancy does not constitute a “renewal” for purposes of RLTO and thus no code violation notice is required.

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.

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