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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