Quick hit: mandatory renter’s insurance requirements?
No. At this time, there is no ordinance in the City of Chicago that requires that a tenant obtain renter’s insurance. In fact, there is no statute in the State of Illinois that requires a tenant to provide such a policy. Landlords can, as a contractual provision and a requirement of leasing, require tenants to obtain renter’s insurance. Further, there are condominium associations that require that landlords within the association force their tenants to obtain an HO4 or other renter’s insurance policy.
Please note: Quick hits are short, simple answers to questions landlords might be asking – as with everything in landlord tenant law – things are not always short and simple – always consult an attorney before acting!
2017 Rate of Interest on Security Deposits released by Chicago Building Department!
It took a few days, but the 2017 Chicago RLTO interest rate summary is now available. Remember, the interest rate for leases governed by the CRLTO entered into in 2017 is .01%. This summary – the WHOLE THING – needs to be attached to any new or renewal lease pursuant to 5-12-170 of the ordinance. For leases entered into in 2017, do NOT use the 2016 form! Continue reading
New Chicago Recycling Ordinance requires recycling flyer
Last summer, the City of Chicago updated the Chicago Recycling Ordinance. That new law went into effect on January 1, 2017. The new ordinance has a direct effect on certain Chicago landlords. This law is not optional! The City of Chicago Department of Streets and Sanitation will be conducting inspections to enforce the new law. Continue reading
Amendments to Lead Poisoning Prevention Act regarding lead mitigation effective January 1, 2017
Back in August, 2016, the State passed amendments to the Illinois Lead Poisoning Prevention Act that affect landlords. Many landlords are aware of the federal law that requires landlords of residential rentals built prior to 1978 to disclose information (reports, pamphlets, etc.) of potential lead-based hazards in their real estate. However, many Illinois landlords are unaware of their obligations under the Illinois Lead Poisoning Prevention Act. The new amendments deal with mitigation notices for lead paint hazards in an Illinois rental building governed by the law. Continue reading
City of Chicago retains same interest rate to be paid on Security Deposits under RLTO for third year in a row
On Friday, the City of Chicago released the new 2017 security deposit interest rate. The rate is the for security deposits held for leases governed by the Chicago Residential Landlord and Tenant Ordinance (RLTO). The rate has remained steady at 0.01% since 2015. Continue reading
Cook County Eviction winter “stay” starts soon
It is that time of year where the Cook County Circuit Court extends some holiday cheer to tenants (certainly not to landlords) and prohibits the Sheriff from enforcing eviction orders. By way of a general order, the court has ordered that the Sheriff not evict any tenants beginning on December 19, 2016 and extending to January 2, 2017.
The good news is that, based on my own personal experience (your experience may vary), the Sheriff does not have a major backlog at this time. As such, the moratorium is just two weeks and it can be expected that the additional delay will not be as bad as in past years assuming that our mild weather keeps up.
Remember, the courts still work during the holidays, so the “legal” side of an eviction lawsuit will continue. It is just the enforcement of the eviction order that is halted.
Don’t make these mistakes with the 5 Day Notice
The five day notice for non-payment of rent (by the way, it is 10 days in Evanston, thank you very much) – it’s that “simple” little notice that is the beginning of many eviction cases. And boy can it mess up an Illinois eviction lawsuit if it is done wrong! Section 9-209 of the Illinois Forcible Entry and Detainer Act governs the “demand for rent” that must be provided in an action for possession. Most versions of the 5 day notice form that float around are pretty simple. However, many landlords and even some of their agents (who should know better) mess up the form with regularity. And, if the notice is wrong, the eviction case is unlikely to succeed.
Here at Reda | Ciprian | Magnone, LLC, Continue reading
New Receipt Form issued by CAR for Deposits
As readers of my blog should be well aware, I do not advocate the use of security deposits in those rentals governed by the Chicago Residential Landlord Tenant Ordinance. While many landlords and landlord advocates agree with me, there are still some landlords who insist on taking a deposit. The Chicago Association of Realtors (CAR) has just released a new form that hopes to ease the burden on landlords providing a security deposit receipt. Continue reading
Chicago Landlords Catch A Break
Please Note: The summary now says “Approved by the Cirty of Chicago, June 2013; summary revised 2016” – always check to be sure you are using the latest summary!
In April, I reported being disturbed to find that the City of Chicago had updated their “Rents Right” website sometime recently to include a CRLTO summary purporting to have been approved in 2013. My concern was that landlords using the July 2010 summary might be out of compliance with the ordinance despite the June, 2013 ordinance summary not being made widely available. Continue reading
Not good news for Chicago landlords
April is fair housing month and to celebrate, the Office of the General Counsel of HUD has released “Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions“. This little ditty is a wonderful little gift to landlords throughout Chicagoland! If you think that the application of fair housing to landlord screening procedures was hard before, just wait until you get a load of this one. Unfortunately, folks, it’s the law (or at least, it’s HUD’s position on how the law will be enforced) and you need only head over to their website to see gleeful press releases related to big dollar settlements with landlords for fair housing violations to see the logical result of noncompliance. This law applies to private landlords as well as public housing entities. This one is going to get a bit long, so buckle up. Continue reading