Municipal
Code of Chicago
Chapter 5-12
Residential Landlords and Tenants
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ordinance section at the left
Section
5-12-160 Prohibition on Interruption of Tenant Occupancy by Landlord
It is unlawful for any landlord
or any person acting at his direction knowingly to oust or dispossess
or threaten or attempt to oust or dispossess any tenant from a dwelling
unit without authority of law, by plugging, changing, adding or
removing any lock or latching device; or by blocking any entrance into
said unit; or by removing any door or window from said unit; or by
interfering with the services to said unit; including but not limited
to electricity, gas, hot or cold water, plumbing, heat or telephone
service; or by removing a tenant's personal property from said unit; or
by the removal or incapacitating of appliances or fixtures, except for
the purpose of making necessary repairs; or by the use or threat of
force, violence or injury to a tenant's person or property; or by any
act rendering a dwelling unit or any part thereof or any personal
property located therein inaccessible or uninhabitable. The foregoing
shall not apply where:
(a) A landlord acts in
compliance with the laws of Illinois pertaining to forcible entry and
detainer and engages the sheriff of Cook County to forcibly evict a
tenant or his personal property; or
(b) A landlord acts in
compliance with the laws of Illinois pertaining to distress for rent; or
(c) A landlord
interferes temporarily with possession only as necessary to make needed
repairs or inspection and only as provided by law; or
(d) The tenant has
abandoned the dwelling unit, as defined in Section
5-12-130(e).
Whenever a complaint of
violation of this provision is received by the Chicago Police
Department, the department shall investigate and determine whether a
violation has occurred. Any person found guilty of violating this
section shall be fined not less then $200.00 nor more than $500.00, and
each day that such violation shall occur or continue shall constitute a
separate and distinct offense for which a fine as herein provided shall
be imposed. If a tenant in a civil legal proceeding against his
landlord establishes that a violation of this section has occurred he
shall be entitled to recover possession of his dwelling unit or
personal property and shall recover an amount equal to not more than
two months' rent or twice the actual damages sustained by him,
whichever is greater. A tenant may pursue any civil remedy for
violation of this section regardless of whether a fine has been entered
against the landlord pursuant to this section.
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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