When water comes through an apartment ceiling in Chicago, the landlord and the tenant usually both have work to do. Chicago’s Residential Landlord and Tenant Ordinance (RLTO), Chapter 5-12 of the Municipal Code, sets out many of those duties. This guide draws on the City’s 2023 RLTO summary, an earlier City summary and renters insurance guidance from Triple-I.
Does the RLTO cover your apartment?
Whether the RLTO applies depends on the type of building. The City’s 2023 summary lists these units as exempt (Mun. Code 5-12-010 and 5-12-020).
- Units in owner-occupied buildings with six or fewer units
- Units in hotels, motels and rooming houses, unless rent is paid monthly and the unit is occupied for more than 32 continuous days
- School dormitory rooms, hospitals, shelters, employee’s quarters and non-residential rental properties
- Owner-occupied co-ops and condominiums
- Employee housing
The summary also notes that some of its provisions apply to all residential units, whether or not the RLTO covers them. The summary itself says consulting an attorney is recommended.
What does a Chicago landlord have to repair?
Under Mun. Code 5-12-070, the landlord must “maintain the property in compliance with all applicable provisions of the Municipal Code.” After water damage, that is the starting point for repairs to the building itself.
The RLTO also treats certain services as essential. These are heat, running or hot water, electricity, gas and plumbing. If one is not provided, contrary to the lease and not because of a utility provider’s failure, and the tenant is not responsible, the 2023 summary says that after giving written notice the tenant may do one of the following.
- Get the service restored and deduct the cost from rent after giving the landlord paid receipts.
- Sue the landlord for damages based on the reduced value of the unit.
- Get substitute housing and be excused from rent for the period the tenant cannot stay in the unit.
- Ask the landlord to correct the failure within 24 hours, and if it is not corrected, withhold rent that reasonably reflects the reduced value of the unit.
Illinois law also limits what a lease can say. Under 765 ILCS 705/1, a residential lease clause that exempts the landlord from liability for damage caused by the landlord’s negligence in operating or maintaining the property is void and unenforceable.
What are a tenant’s responsibilities after a leak?
Under Mun. Code 5-12-040, the City’s summaries list these tenant duties.
- Keeping the unit safe and clean
- Using all equipment and facilities in a reasonable manner
- Not deliberately or negligently damaging the unit
- Buying and installing working batteries in smoke and carbon monoxide detectors
Reporting matters too. The EPA advises renters to “Report all plumbing leaks and moisture problems immediately to your building owner, manager, or superintendent.”
Access is part of the deal. Under Mun. Code 5-12-050, a tenant must allow the landlord access after two days’ notice, and in an emergency without that notice.
If a tenant does not comply with the Code or the lease, the landlord may request in writing that the tenant comply as promptly as conditions permit in an emergency, or within 14 days. If the problem is not corrected, the landlord may enter and have the work done, and the tenant is responsible for the cost of repairs (Mun. Code 5-12-130(c)).
What can a tenant do if repairs are not made?
The 2023 summary describes these remedies under Mun. Code 5-12-110. Each applies when the tenant, family and guests are not responsible for the problem.
| Situation | What the tenant may do |
|---|---|
| Minor defect | Request repairs in writing within 14 days. If they are not made, withhold rent that reflects the reduced value starting on day 15, or have the repairs made and deduct up to $500 or half the month’s rent (not more than one month’s rent), with Code-compliant work and receipts. The tenant may also sue for damages. |
| Major defect that makes the unit not reasonably fit and habitable | Request repairs in writing within 14 days. If they are not made, the tenant may immediately terminate the lease, and the landlord must return prepaid rent, security and interest. If the tenant does not move out within 30 days, the notice is considered withdrawn. |
| Essential service not provided | One of the four options listed above, after written notice |
The RLTO also prohibits retaliation, including ending or threatening to end a tenancy, raising rent or decreasing services because a tenant used a legal right (Mun. Code 5-12-150). The summary adds that lockouts are illegal.
What happens after fire or casualty damage?
Under Mun. Code 5-12-110(g), if a fire damages the unit so it is in material noncompliance with the Code, and the tenant, family or guests were not responsible for the fire or accident, the tenant has three options.
- Move out immediately and give the landlord written notice of termination within 14 days after moving out.
- Stay, if it is legal, and have rent reduced to reflect the reduced value of the unit if part of it cannot be used.
- If the tenant stays and the landlord does not diligently carry out the repairs, notify the landlord in writing, within 14 days after becoming aware of that, of the intention to terminate and move out.
Whose insurance pays for what?
| Loss | Policy to check first | Source |
|---|---|---|
| Building structure | The landlord’s policy | IDOI |
| Your furniture, electronics and clothing | Your renters policy | Triple-I |
| Hotel or temporary rental after a covered loss | Your renters policy, additional living expenses | Triple-I |
| Damage or injury you or your family cause | Your renters policy, liability coverage | Triple-I |
| Flood | A separate flood policy | Triple-I, IDOI |
The Illinois Department of Insurance describes the renters form (HO-4) as providing coverage for a renter’s personal property, liability and additional living expenses (Shopping for Homeowners Insurance). Triple-I is direct about the gap. “Your landlord’s policy won’t replace your personal possessions or pay for your living expenses.”
If a tenant’s belongings need to come out while the unit is repaired, see contents pack-out and cleaning. For landlords, fast drying protects the building, since the EPA says water-damaged areas should be dried within 24 to 48 hours to prevent mold growth. Our water damage restoration and mold remediation pages explain that work.
This article is general information, not legal or insurance advice. Check your own lease and policy, and talk with your agent, your landlord or an attorney about your situation.
When to call a restoration company
Landlords and tenants can both call us. A person answers 24/7. We ask what happened, which units are affected and who manages the building. Then we send a crew to stop the water, remove it and start drying. We document everything with photos, moisture readings and notes, so the landlord’s insurer and the tenant’s renters insurer each have a clear record of what was damaged. Contact us any time.