L-19 Model Lease
CHICAGO COUNCIL OF LAWYERS
STANDARD FORM LEASE
APARTMENT LEASE AGREEMENT
FOR USE IN THE CITY OF CHICAGO
NOTICE: This lease form complies with the Chicago Residential Landlord and Tenant Ordinance, ch. 5-12 et. seq., Chicago Municipal Code. Provisions proceeded by an asterisk (*) are guaranteed by law and may not be modified or deleted.
DATE OF LEASE
TERMS OF LEASE
Manager** Person(s) authorized by Landlord to manage premises receive service of process, notices, and demands. Designate if more than one. This information is required
UTILITY COST DISCLOSURE STATEMENT [If Applicable]:
1. Tenant is responsible for making direct payments to utility company for the cost of heating the Apartment, which is primarily heated by
(check one): [ ] Natural gas or [ ] Electricity
2. The utility company,_____________ (name of utility company), , has disclosed on ______________(date) that the projected annual cost of energy used for
primary heating is $______________(amount) and that the projected average monthly cost for such energy is $-------------------for each month in the following year.
ADDITIONAL AGREEMENTS BETWEEN LANDLORD AND TENANT (IF ANY):
In consideration of the mutual agreements and covenants set forth in this Lease, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Apartment designated above, together with the fixtures and accessories belonging thereto, for the above term.
LEASE COVENANTS AND AGREEMENTS
1. THE APARTMENT. Landlord hereby leases to Tenant the Apartment described above located at the address shown above, under the terms and conditions set forth below.
2. TERM OF LEASE AND RENT. Tenant shall be entitled to occupy the Apartment for the term shown in the Lease Summary above and for a total rent as shown in the Lease Summary, payable by Tenant to Landlord on the first day of each month unless otherwise stated above. Landlord shall give Tenant a written rent receipt for rent paid whenever requested.
3. APPLICATION. The application for this Lease and all representations and promises contained herein are hereby made a part of this Lease. Tenant warrants that the information given by Tenant in the application is true and accurate. If such information is false, Landlord may pursue the remedies provided in Paragraphs 21B or 21D below.
4. PROMISES OF THE PARTIES. The terms and conditions contained herein are the agreement between Tenant and Landlord and no modification, waiver or amendment of this Lease or any of its terms, conditions or covenants shall be binding on the parties unless made in writing and signed by the party sought to be bound.
*5. POSSESSION. At the commencement of the term of this Lease, Landlord shall deliver possession of the Apartment to Tenant in a condition that complies with all applicable provisions of the Chicago Municipal Code. If Landlord fails to comply with this requirement, Tenant may pursue the remedies provided in Paragraph 20F below.
*6. NOTICE OF CODE VIOLATIONS. Landlord agrees to provide to Tenant in writing at the time Tenant initially enters into this Lease or renewal thereof a list of any code violations which have been cited by the City of Chicago during the previous 12 months for the Apartment and common areas and a list of any code enforcement litigation or compliance board proceeding affecting the Apartment or common areas. The list shall include the case number of the litigation and/or the identification number of the compliance board proceeding and a listing of any code violations cited. If this information is not provided by the Landlord, Tenant may pursue the remedies provided in Paragraph 20A of this Lease.
*7. NOTICE OF UTILITY SHUT-OFFS. Landlord agrees to provide to the Tenant in writing at the time Tenant initially enters into this Lease and throughout the term of the Lease a copy of any notice of intent by the City of Chicago or any utility provider to terminate water, gas, electrical or other utility service to the Apartment or common areas. Landlord shall also disclose to Tenant the type of service to be terminated, the intended date of termination, and whether the termination will affect the Apartment, the common areas or both. If this information is not provided by Landlord, Tenant may pursue the remedies provided in Paragraph 20A of this Lease.
*8. UTILITIES. Unless otherwise agreed above, if the premises are individually metered, Tenant shall be responsible for payment to the utility supplier for applicable charges for gas and electricity consumed by Tenant. Landlord shall furnish to and for the use of Tenant, fixtures on the premises for such purpose, hot and cold water, electricity in the common areas, and a reasonable amount of heat at reasonable hours at least as required by the Chicago Municipal Code. Between September 15 and June 1, Landlord shall supply sufficient heat to maintain temperature in the Apartment at 65 degrees between 7:30 a.m. and 8:30 a.m., 68 degrees between 8:30 a.m. and 10:30 p.m. and 63 degrees between 10:30 p.m. and 7:30 a.m. If the Landlord fails to comply with these requirements, Tenant may pursue the remedies provided in Paragraph 20 below.
*9. UTILITY COST DISCLOSURE. Landlord shall disclose to Tenant at the time money or other valuable consideration is accepted in an application for an oral or written lease and in the Utility Cost Disclosure section of this Lease that the cost of heating shall be the responsibility of the Tenant and the projected average monthly cost of utility service from the utility providing the primary source of heat based on energy consumption during the most recent annual period of continuous occupancy by one or more occupants, current or expected rates and normalized weather.
This Paragraph shall apply to apartments which are heated primarily by natural gas or electricity and in which utility service for heat is individually metered to each dwelling unit and Tenant is directly responsible to the utility company for paying cost of energy to supply heat. It does not apply when lease is being renewed and Tenant, during the previous term, had the obligation to directly pay the utility company for the utility service used for heating. See page 1 for Utility Cost Disclosure Statement.
*10. SECURITY DEPOSIT.
A. Payment of Deposit. Tenant has paid Landlord a security deposit in the amount shown in the Lease Summary above. Landlord shall hold said deposit in a federally-insured interest bearing account in a bank, savings and loan association or other financial institution located in the State of Illinois. The security deposit and interest due thereon shall remain the property of the Tenant and shall not be commingled with the assets of the Landlord.
B. Receipt. Upon payment of the security deposit, Landlord or Landlord's agent shall provide a signed receipt indicating the amount of the security deposit, the name of the person receiving it, and, if given to an agent, the name of the Landlord for whom such security deposit is received, the date on which it is received, and a description of the Apartment. If Landlord or agent fails to provide said receipt, Landlord or agent shall immediately return to Tenant said security deposit.
C. Successor Owner. If the premises are sold, leased, transferred or otherwise disposed of by a Landlord who has received a security deposit from Tenant, the successor Landlord of the premises shall be liable to Tenant for the security deposit and interest due thereon. The Landlord shall remain jointly and severally liable with the successor Landlord to Tenant for the security deposit unless and until Landlord transfers security deposit to successor Landlord and provides notice in writing to Tenant of such transfer, specifying the name, business address and business telephone number of successor Landlord or his agent within 10 days of such transfer. The successor Landlord shall, within ten (10) days from the date of the transfer of the premises, notify Tenant in writing that the successor Landlord is now holding the security deposit. The notice shall also contain the successor Landlord's name, business address, and telephone number of the successor Landlord's agent, if any.
D. Remedies. If the Landlord fails to comply with this paragraph, or with Paragraphs 11 and 12 below, Tenant shall be awarded damages in the amount equal to two (2) times the security deposit, interest at five (5) percent, plus court costs and reasonable attorney's fees, in addition to any other damages to which the Tenant may be entitled.
*11. INTEREST ON SECURITY DEPOSIT OR PREPAID RENT. Landlord shall pay interest to Tenant computed from the beginning date of the rental term at the rate of interest determined by the city comptroller and within thirty (30) days after the end of each twelve month rental period shall pay to the Tenant any such interest by cash or credit, to be applied to the rent due. See paragraph 10D above for remedies.
*12. RETURN OF SECURITY DEPOSIT. Landlord shall, within 45 days after the date that Tenant vacated the Apartment, or within 7 days if Lease terminated pursuant to Paragraph 26B, return to Tenant the security deposit or any balance thereof and the required interest thereon; provided, however, that Landlord may deduct from the security deposit and interest due thereon for the following:
A. any unpaid rent which has not been validly withheld or deducted pursuant to state or federal law or local ordinance; and
B. a reasonable amount necessary to repair any damage caused to the premises by Tenant or any person under Tenant's control or on the premises with Tenant's consent, reasonable wear and tear excluded.
In case of such damage, Landlord shall deliver or mail to the last known address of Tenant within 30 days an itemized statement of the damages caused to the premises and the estimated or actual cost for repairing or replacing each item on that statement, attaching copies of the paid receipts for the repair and replacement. If estimated cost is given, Landlord shall furnish Tenant with copies of paid receipts or a certification if the work was performed by Landlord's employees within 30 days from the date the statement showing the estimated cost was furnished to Tenant. See paragraph 10D above for remedies.
*13. PERSONS AUTHORIZED TO ACT ON BEHALF OF LANDLORD. The person(s) listed on the first page of this Lease is authorized by Landlord to manage the premises and is authorized to act on behalf of the Landlord for the purpose of service of process and for the purpose of receiving notices and demands. If that information is not provided, the person who signs this Lease on behalf of the Landlord becomes an agent of Landlord for service of process and receiving notices and demands, and for performing obligations of the Landlord under this Lease and under the Chicago Municipal Code. This information required to be furnished by this paragraph shall be kept current. The terms of this Paragraph extend to and are enforceable against any successor Landlord, owner or manager. If the information required in this Paragraph is not provided, Tenant may terminate this Lease as provided in the notice provisions of Paragraph 20A below. If Landlord fails to comply, Tenant shall recover one month's rent or actual damages, whichever is greater.
*14. LANDLORD TO MAINTAIN. Landlord, at all times during the term hereof, shall maintain the premises in compliance with all applicable provisions of the Chicago Municipal Code and shall promptly make any and all repairs necessary to fulfill this obligation.
15. TENANT'S USE OF APARTMENT. The Apartment shall be occupied by Tenant and those persons specifically listed in the Application for this Lease solely for residential purposes, except for incidental use in a trade or business, so long as such incidental use does not interfere with other tenants or substantially impede Landlord's ability to obtain fire or liability insurance or increase the cost thereof. The Tenant, members of the Tenant's family or other persons on the premises with Tenant's consent shall not perform or permit any practice that may damage the reputation of or otherwise be injurious to the premises or neighborhood, be illegal, or increase the cost of insurance on the premises.
*16. TENANT'S UPKEEP. Tenant, at all times during the term hereof, shall (A) comply with all obligations imposed specifically upon tenants by provisions of the Chicago Municipal Code applicable to the Apartment; (B) keep that part of the premises occupied and used as safe as the condition of the premises permits; (C) dispose of all ashes, rubbish, garbage and other waste from the Apartment in a clean and safe manner; (D) keep all plumbing fixtures in the Apartment or used by Tenant as clean as their condition permits; (E) use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises; (F) not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person on the premises with Tenant's consent to do so; and (G) conduct, and require other persons on the premises with the Tenant's consent to conduct themselves in a manner that will not disturb the neighbor's peaceful enjoyment of the premises.
17. ALTERATIONS, ADDITIONS AND FIXTURES. No alteration or addition shall be made by Tenant in or to the premises without prior written consent of Landlord. Such consent shall not be withheld unreasonably and may be conditioned upon Tenant's agreeing to restore the premises to its former condition upon moving out. All cabinets, drapes, blinds and shutters, plumbing, electrical fixtures, refrigerators, ovens, stoves, air conditioning units, and all other fixtures and furniture located on the premises are part of the premises and are leased at no extra charge to Tenant.
18. STORAGE. Tenant's use of any storeroom, storage area, or garage space in or about the premises shall be subject to the approval of Landlord. Tenant agrees not to put in the storage area any items that would create a danger to other tenants or to Landlord's property.
A. Landlord's Right of Entry. Landlord reserves the right in accordance herewith to enter the Apartment and to permit its agents, employees and contractors such entry in order to inspect same, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or to exhibit the premises to prospective or actual purchasers, mortgagees, workmen, and contractors. Within 60 days prior to the expiration of the Lease the Landlord may exhibit the premises to prospective tenants.
B. Prior Notice. Except in case of emergency or for practical necessity where repairs or maintenance elsewhere in the Building unexpectedly require such access, entry shall be made only after 48 hours notice to Tenant and only during the period of 8 a.m. to 8 p.m. Monday through Saturday or at any other time expressly requested by the Tenant. Notice of intent to enter shall be provided directly to each Apartment by mail, telephone, written notice to the Apartment, or by other reasonable means designed in good faith to provide notice to the Tenant. Landlord shall not abuse the right of access or use it to harass Tenant.
C. Emergencies. In cases of emergency or for practical necessity where repairs or maintenance elsewhere in the Building unexpectedly require such access, Landlord may enter the Apartment without notice or consent of the Tenant but shall give Tenant notice of such entry within two days after such entry.
D. Remedies. If Tenant refuses to allow lawful access, Landlord may obtain injunctive relief to compel access or terminate the Lease pursuant to Paragraph 21B below. In either case, Landlord may recover damages and reasonable attorney's fees.
If Landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated unreasonable demands for entry otherwise lawful, but which have the effect of harassing the Tenant, Tenant may obtain injunctive relief to prevent recurrence of the conduct or terminate the rental agreement pursuant to the notice provisions of Paragraph 20A below. In either case, Tenant may recover an amount equal to one month's rent or actual damages, whichever is greater.
*20. TENANT'S REMEDIES. In addition to any remedies provided under federal law, Tenant shall have the remedies specified in this Paragraph for the following circumstances:
A. Termination. If there is a material non-compliance by Landlord with this Lease which renders the premises not reasonably fit and habitable, Tenant may deliver a written notice to Landlord specifying the acts and/or omissions constituting the material noncompliance and specifying that the Lease will terminate on a date not less than 14 days after receipt of the notice by Landlord unless the material noncompliance is remedied within the time period specified in the notice. If the material noncompliance is not remedied within the time period specified in the notice, this Lease shall terminate and Tenant shall deliver possession of the premises to Landlord within 30 days after expiration of the time period specified in the notice. If possession is not so delivered, then Tenant's notice shall be deemed withdrawn and Lease shall remain in full force and effect. If the Lease is terminated, Landlord shall return all prepaid rent, security and interest due pursuant to Paragraphs 11 and 12 above.
B. Rent Withholding. If there is a material non-compliance by Landlord with the Lease, Tenant may notify Landlord in writing of Tenant's intention to withhold from the monthly rent an amount which reasonably reflects the reduced value of the premises due to the material noncompliance. If Landlord fails to correct the condition within 14 days after being notified by Tenant in writing, Tenant may, during the time such failure continues, deduct from the rent the stated amount.
C. Self-Help for Minor Defects. If there is a material non-compliance by Landlord with this Lease and the reasonable cost of compliance does not exceed the greater of $500 or one-half (1/2) of the monthly rent, Tenant may recover damages for the material noncompliance or may notify Landlord in writing of Tenant's intention to correct the condition at Landlord's expense. This Subparagraph C shall not be applicable if the reasonable cost of compliance exceeds one month's rent. If Landlord fails to correct the defect within 14 days after being notified by Tenant in writing or as promptly as conditions require in case of emergency, Tenant may have the work done in a workmanlike manner and in compliance with existing law and building regulations and, after submitting to Landlord a paid bill from an appropriate tradesman or supplier, deduct from the rent the amount thereof, not to exceed the limits specified by this paragraph and not to exceed the reasonable price then customarily charged for such work.
D. Damages and Injunctive Relief. If there is a material non-compliance by Landlord with this Lease, Tenant may recover damages by claim or defense and/or obtain injunctive relief.
E. Failure To Provide Essential Services. If there is a material noncompliance by Landlord with this Lease which constitutes an immediate danger to the health and safety of Tenant, or if, contrary to this Lease, Landlord fails to supply heat, running water, hot water, electricity, gas or plumbing, Tenant may give written notice to Landlord specifying the material noncompliance or failure. Tenant shall mail or deliver written notice to Landlord or agent's address listed on first page of this Lease, or if no address is given, by mail to Landlord's last known address or by other reasonable means. After such notice, Tenant may, during the period of Landlord's noncompliance or failure:
1. Procure from the utility provider or obtain/repair utility facilities so as to provide reasonable amounts of heat, running water, hot water, electricity, gas or plumbing service, as the case may be, and upon presentation to Landlord of paid receipts, deduct their cost from the rent; or
2. Recover damages based on the reduction in the fair market value of the premises; or
3. Procure substitute housing, in which case Tenant is excused from paying rent for the period of Landlord's noncompliance. Tenant may recover the cost of the reasonable value of the substitute housing (up to an amount equal to the monthly rent for each month or portion thereof of noncompliance as prorated).
In addition to the remedies set forth in Paragraph 20E1-3 above, Tenant may, after such notice and during the period of Landlord's noncompliance or failure:
4. Withhold from the monthly rent an amount that reasonably reflects the reduced value of the premises due to the material noncompliance or failure if Landlord fails to correct the condition within 24 hours after being notified by Tenant, provided, however, that no rent shall be withheld if the failure is due to the inability of the utility provider to provide service; or
5. Terminate this Lease by written notice to Landlord if the material noncompliance or failure persists for more than 72 hours after Tenant has notified Landlord of the noncompliance or failure, provided, however, that no termination shall be allowed if the failure is due to the inability of the utility provider to provide service; or
6. Exercise remedies provided in Paragraphs 20B or 20C if not proceeding under this Paragraph 20E.
F. Failure To Deliver Possession. If Landlord fails to deliver possession of the Apartment at the start of the term of the Lease as shown in the Lease summary or if Landlord delivers possession in a condition that fails to comply with Landlord's duty to maintain as provided for in Paragraph 14 above, rent for the Apartment shall abate until possession as required is delivered, and Tenant may:
1. Terminate the Lease upon written notice to Landlord at which time Landlord shall return all prepaid rent and security; or
2. Demand performance of the terms of the Lease, and if necessary, initiate a legal action for possession of the premises against Landlord or any person in wrongful possession of the premises. Tenant shall also recover damages sustained.
If the failure to deliver possession as required is willful, Tenant may recover from the person withholding possession an amount not more than two (2) month's rent or twice the damages sustained, whichever is greater.
G. Exceptions. Tenant may not exercise remedies under this Paragraph or Paragraph 25 below if the condition was caused by the deliberate or negligent act or omission of Tenant, a member of Tenant's family, or other person on the premises with Tenant's consent. Before correcting a condition affecting facilities shared by one or more Apartments, Tenant shall notify all other tenants affected and shall cause the work to be done so as to create the least practical inconvenience to the other tenants.
*21. LANDLORD'S REMEDIES. Landlord shall have the remedies specified in this paragraph for the following circumstances:
A. Termination For Failure To Pay Rent. If all or any portion of the rent is unpaid when due and Tenant fails to pay unpaid rent within five (5) days after written notice by Landlord of an intention to terminate Lease if rent is not so paid, Landlord may terminate the Lease. Landlord may also maintain an action for rent and/or damages without terminating the Lease.
B. Termination For Breach of Lease. If there is a material non-compliance by Tenant with this Lease, Landlord may deliver written notice to Tenant specifying the acts and/or omissions constituting the breach and that the Lease will terminate upon a date not less than ten (10) days after receipt of notice, unless the breach is remedied by Tenant within that period of time. If the breach is not remedied within the 10-day period, the Lease shall terminate as provided in the notice.
C. Self-Help. If there is a material non-compliance by Tenant with Paragraph 16 (other than Subparagraph G thereof), and Tenant fails to comply as promptly as conditions permit in case of emergency or in cases other than emergencies within 14 days of receipt of written notice by Landlord specifying the breach and requesting that Tenant remedy it within that period of time, Landlord may enter the Apartment and have the necessary work done in a manner required by law. Landlord shall be entitled to reimbursement from Tenant of the costs of repairs under this subparagraph.
D. Damages And Injunctive Relief. If there is a material non-compliance by Tenant with this Lease, Landlord may recover damages and obtain injunctive relief. If Tenant's non-compliance is willful, Landlord may recover reasonable attorney's fees.
E. Disturbance Of Others. If Tenant violates Paragraph 16G within 60 days after receipt of a written notice as provided in Subparagraph 21B above, Landlord may obtain injunctive relief against the conduct constituting the violation, or may terminate the Lease on ten (10) days' written notice to Tenant.
F. Rights Upon Termination. If this Lease is terminated, Landlord shall have a claim for possession and/or for rent.
*22. ASSIGNMENT, SUBLETTING AND RELETTING. If Tenant terminates this Lease prior to its expiration date, except for cause authorized by this Lease, Landlord shall make a good faith effort to re-rent Tenant's Apartment at a fair rental, which shall be the rent charged for comparable apartments in the Building or in the same neighborhood. Landlord shall accept a reasonable sublease proposed by Tenant without an assessment of additional fees or charges. If Landlord succeeds in re-renting the Apartment at a fair rent, Tenant shall be liable for the amount by which the rent due from the date of premature termination to the end of the initial Lease exceeds the fair rental subsequently received by Landlord from the date of premature termination to the end of the initial lease. If Landlord makes a good faith effort to re-rent the Apartment at a fair rental and is unsuccessful, Tenant shall be liable for the rent due for the period of the Lease. Tenant shall also be liable for the reasonable advertising costs incurred by Landlord in seeking to re-rent the Apartment.
23. BANKRUPTCY. In the event Tenant is adjudicated bankrupt or makes an assignment for benefit of creditors, this Lease at the option of Landlord and upon thirty (30) days' notice to Tenant shall terminate. In the event Landlord is adjudicated bankrupt or makes an assignment for the benefit of creditors, this Lease at the option of Tenant and upon thirty (30) days' notice to Landlord shall terminate.
24. LANDLORD'S MORTGAGE. This Lease is subordinated to any present mortgages on the real estate upon which the Building is situated.
*25. ABANDONMENT. Actual notice given to Landlord by Tenant indicating Tenant's intention not to return to the Apartment, 21 days' physical absence of Tenant (or one rental period where rental period is for less than one month) and Tenant has removed Tenant's personal property from the Apartment and rent for that period is unpaid, or 32 days' physical absence from the Apartment and rent for that period is unpaid shall be deemed to be an abandonment of the Apartment by Tenant.
If Tenant abandons the Apartment, Landlord shall be obligated as provided in Paragraph 22 concerning re-renting of the Apartment.
If Tenant abandons the Apartment as described above or fails to remove personal property from the premises after termination of this Lease, Landlord shall leave the abandoned property in the Apartment or remove and store all abandoned property from the Apartment and may dispose of the property after seven (7) days. Notwithstanding the foregoing, if Landlord reasonably believes such abandoned property to be valueless or of such little value that the cost of storage would exceed the amount that would be realized from sale, or if such property is subject to spoilage, Landlord may immediately dispose of such property.
*26. FIRE AND CASUALTY.
A. Tenant's Remedies. If the Apartment or common areas of the Building are damaged or destroyed by fire or casualty to an extent that the Apartment is in material non-compliance with this Lease or with applicable provisions of the Chicago Municipal Code, Tenant may:
1. Immediately vacate the premises and notify Landlord in writing within 14 days thereafter of Tenant's termination of the Lease, in which case this Lease terminates as of the date of the fire or casualty; or
2. If continued occupancy is lawful, vacate any part of the Apartment rendered unusable by the fire or casualty, in which case Tenant's liability for rent is reduced in proportion to the reduction in the fair rental value of the Apartment; or
3. If Tenant desires to continue the Tenancy, and if Landlord has promised or begun work to repair the damage or destruction, but fails to carry out the work to restore the Apartment or common areas diligently and within a reasonable time, Tenant shall notify Landlord in writing of Tenant's intention to terminate the Lease within 14 days after Tenant becomes aware that the work is not being carried out diligently or within a reasonable time, in which case this Lease terminates on the date of the fire or casualty.
B. Return of Security Deposit. If this Lease is terminated under this Paragraph 26, Landlord shall return all security and prepaid rent within 7 days after the date that Tenant provides notice of termination of tenancy. Accounting for rent in the event of termination or apportionment shall be made as of the date of the fire or casualty.
27. TERMINATION, EXPIRATION AND RETURN OF POSSESSION.
A. Upon Termination. Upon termination of this Lease, whether by lapse of time or otherwise, Tenant shall yield up immediate possession to Landlord and deliver all keys to Landlord at the place where rent is payable, or as otherwise directed by Landlord.
B. Landlord's Remedies Upon Expiration. Tenant agrees that in the event Tenant fails to vacate the Apartment upon expiration of this Lease that Landlord may deliver a written notice to Tenant demanding immediate possession of the Apartment, and if Tenant fails to deliver possession, Landlord may recover two (2) times the monthly rent for each month Tenant holds over after expiration of the Lease, prorated per day of such holding over, or Landlord's actual damages, whichever is greater. If Landlord fails to notify Tenant within 30 days after the expiration date of this Lease of Landlord's possession, Tenant's continued occupancy shall be on a month-to-month basis on the same terms and conditions as in this Lease.
*28. WAIVER OF LANDLORD'S RIGHT TO TERMINATE LEASE. Acceptance of rent with knowledge of a default in the payment of rent by Tenant constitutes a waiver of Landlord's right to terminate this Lease for that breach.
29. EMINENT DOMAIN (CONDEMNATION). If the whole or any substantial part of the Building is taken or condemned by any competent authority for any public use or purpose, or if any adjacent property or street shall be so condemned or improved in such a manner as to require the use of any part of the Building, the term of this Lease, at the option of Landlord and upon sixty (60) days prior written notice to Tenant, shall terminate. Landlord shall not terminate this Lease before the date when possession of the part on the Building so taken shall be required for such use or purpose. Upon termination, rent shall be apportioned as of the date of Tenant's vacating as the result of said termination, and Landlord shall immediately return all prepaid rent, security and interest due.
30. LEASE BINDING ON HEIRS, ETC. All the covenants and agreement of this Lease shall be binding upon and inure to the benefit of their heirs, executors, administrators, successors, and assigns of Landlord and Tenant, subject to the restrictions set forth in Paragraph 22. Notwithstanding the foregoing, where there are only one or two persons named or remaining as Tenant herein, then, in the event of the death of one or both Tenant(s), the surviving Tenant may terminate this Lease at the end of any calendar month within 120 days of said occurrence by giving the Landlord not less than 30 days prior written notice.
*31. RETALIATORY CONDUCT BY LANDLORD PROHIBITED.
A. Protected Activities. Landlord may not knowingly terminate this Lease, increase rent, decrease services, bring or threaten to bring a lawsuit against Tenant for possession or refuse to renew this Lease because the Tenant has in good faith: (A) complained of code violations applicable to the premises to a government agency, elected representative, a public official charged with responsibility for code enforcement, a community organization, or the news media; (B) sought assistance of a community organization or news media to remedy a code violation or illegal Landlord practice; (C) requested Landlord to make repairs as required by law or this Lease; (D) became a member of a tenant's union or similar organization; (E) testified in court or administrative proceeding about the condition of the premises; or (F) exercised any right or remedy provided by law.
B. Remedies. If Landlord acts in violation of Paragraph 31A, Tenant has a defense in any retaliatory action against Tenant for possession and is entitled to the following remedies:
1. Recovery of possession of the Apartment and an award of damages of not more than two (2) months' rent or twice the damages sustained, whichever is greater and reasonable attorney's fees; or
2. Termination of this Lease, an award of damages of not more than two (2) months' rent or twice the damages sustained, whichever is greater, reasonable attorney's fees, return of all security and interest due under Paragraphs 11 and 12 above, and all prepaid rent.
Landlord and Tenant agree that if there is evidence of Tenant conduct protected herein within one year prior to the alleged act of retaliation, it shall be presumed that Landlord's conduct was retaliatory. This rebuttable assumption shall not arise if the protected Tenant activity was initiated after the alleged act of retaliation.
*32. UNLAWFUL INTERRUPTION OF TENANCY BY LANDLORD PROHIBITED.
A. Lockouts Prohibited. Landlord or any person acting at Landlord's direction is prohibited from knowingly ousting or dispossessing or threatening or attempting to oust or dispossess Tenant from the Apartment without authority of law by plugging, changing, adding or removing any lock or latching device, or by blocking any entrance, removing any door or window, interfering with the services to the Apartment (including electricity, gas, hot or cold water, plumbing heat or telephone service), or by removing tenant's personal property, removing or incapacitating of appliances or fixtures (except for making necessary repairs), or by use of threat of force, violence or injury to Tenant's person or property, or by any act rendering the Apartment or any part thereof or any personal property located therein inaccessible or uninhabitable.
B. Landlord Actions. The provisions of Paragraph 32A shall not apply where (1) 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 Tenant and Tenant's property; or (2) Landlord acts in compliance with the laws of Illinois pertaining to distress for rent; or (3) Landlord interferes temporarily with possession only as necessary to make needed repairs or inspections provided by law or Paragraph 19 above; or (4) Tenant has abandoned the Apartment as defined in Paragraph 25 above.
C. Tenant Remedies. If Tenant in a civil proceeding against Landlord establishes that a violation of this Paragraph 32 has occurred, Tenant shall be entitled to recover possession of the Apartment or personal property and shall recover an amount equal to not more than two (2) months' rent or twice the actual damages sustained, whichever is greater. Tenant may pursue any civil remedy for a violation of this Paragraph 32 regardless of whether a fine has been entered against the Landlord pursuant to the Chicago Municipal Code.
33. RESIDENT TO INSURE. Landlord agrees that Tenant may carry such personal or property insurance as Tenant deems necessary. Tenant further agrees that except for instances of failure to maintain or repair the Apartment and the Building as required in Paragraph 14 or elsewhere hereunder, or negligence or misconduct of Landlord, its agents or employees, Landlord, its agents and employees shall not be liable for any damage to the person or property of tenant.
34. RULES AND REGULATIONS. The rules and regulations attached to this Lease shall be a part of this Lease. Tenant agrees to follow them and Landlord agrees to fairly enforce and follow them. As a condition to Tenant's agreeing to following these rules and regulations, Landlord hereby warrants that all tenants residing on the premises shall be and are bound by the same regulations. A rule or regulation adopted after Tenant enters into this Lease that substantially modifies the Tenant's obligations hereunder is not enforceable unless Tenant consents to it in writing.
*35. BUILDING SECURITY. Landlord shall provide proper security to the apartment unit and building in accordance with the Chicago Residential Building Security Ordinance. Proper security includes: deadbolt locks on front and rear apartment doors, peephole on front apartment door, deadlatch on building entrance door, locks on all windows within 20 feet of the ground or within 10 feet of an exterior porch, stairway or fire escape. Windows within these height limits must also be equipped with a ventilation lock allowing the window to be locked in a partially open position.
36. OTHER AGREEMENTS.
A. The headings or captions of paragraphs are for identification purposes only and do not limit or construe the contents of the paragraphs.
B. "Landlord" as used herein shall refer to the person or persons jointly or severally, in whom is vested all or part of the legal title to the premises, or all or part of the beneficial ownership and a right to present use and enjoyment of the premises, including a mortgagee in possession, or the successor in interest of any of them. If such person be designated as agent, Landlord shall also refer to and include the principal. Obligations and duties may be performed by Landlord, its agents, employees or independent contractors.
C. "Tenant" as used herein shall refer to the person or persons entitled by this Lease to occupy the Apartment. The obligations of two or more persons designated Tenant in this Lease shall be joint and several. If there is more than one party named as Tenant, other than children in a family, all must execute this Lease and any modification or amendment hereto.
D. The words "Landlord" and "Tenant" as used herein shall be construed to mean plural where necessary and the necessary grammatical changes required to make the provisions hereof apply to corporations or persons, men or women, shall in all cases be assumed as though in each case fully expressed.
E. "Apartment" shall mean the structure or part of the structure that is used as a home, residence or sleeping place by the Tenant, together with the common areas and all housing services, privileges, furnishings and facilities supplied in connection with the use or occupancy thereof.
F. "Common Areas" shall mean the basement, lounge, laundry room, vestibules, stairways, corridors, elevators, paths or passage ways used to gain access to the premises from the street or other public way, and all other public areas in the Building.
G. "Building" shall mean the Apartment, common areas and structure of which it is a part, and the facilities and appurtenances therein.
H. "Premises" shall mean the Apartment, common areas and the entire physical structure of which it is a part, located at and about the address herein above stated, including machinery, equipment, appurtenances which are a part thereof, grounds, recreational areas and facilities, garages and out-buildings, and other Buildings which form a complex owned and operated as a single entity.
I. "Person" shall mean an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, association or any other legal or commercial entity.
J. All rights and remedies of Landlord under this Lease, or that may be provided by law, may be exercised by Landlord in Landlord's own name individually, or in Landlord's name by Landlord's agent.
K. Tenant agrees that Landlord at any time and as often as desired may assign or re-assign all of its rights as Landlord under this Lease.
L. The invalidity or unenforceability of any provision hereof shall not affect or impair any other provision.
M. Landlord shall not impede the reasonable efforts of resident tenant organizations to represent their members or the reasonable efforts of tenants to organize.
N. Landlord shall not unreasonably withhold use of any community room or other available space appropriate for meetings which is part of the premises when requested by a resident tenant organization in connection with the representational purposes of such organization or by tenants seeking to organize or to consider collectively any matter pertaining to operation of the premises.
*37. SUMMARY OF LANDLORD-TENANT ORDINANCE. Landlord shall attach to this Lease a summary of the Chicago Residential Landlord and Tenant Ordinance as prepared by the Commissioner of the Department of Housing when this Lease is initially offered to Tenant and on renewal thereof. If Landlord fails to comply with this requirement, Tenant may terminate this Lease by written notice to Landlord specifying a termination date no later than 30 days from the date of notice. Tenant shall also be entitled to an award of $100 in damages plus reasonable attorney's fees if Tenant establishes in a civil legal proceeding against Landlord that a violation of this Paragraph has occurred.
*38. NOTICE OF RENEWAL OR NONRENEWAL OF LEASE.
A. Notice of Renewal of Lease. Landlord shall not require Tenant to renew this Lease more than ninety (90) days prior to the termination date. If Landlord violates this subparagraph, Tenant shall recover one month's rent or actual damages, whichever is greater.
B. Notice of Refusal to Renew Lease. Unless Landlord is exercising the remedies in Paragraph 21, Landlord shall notify Tenant in writing at least thirty (30) days prior to the termination date of Landlord's intent not to renew this Lease. If Landlord violates this subparagraph, Tenant may remain in the premises for up to sixty (60) days after the date on which such required notice is given to Tenant, regardless of the termination date stated in this lease. During such occupancy, the terms and conditions of tenancy shall be the same as the terms and conditions during the month of tenancy immediately preceding the notice; provided, however, that if rent was waived or abated in the preceding month or months as part of this Lease, the rental amount during such sixty (60) day period shall be at the rate established on the last date that full rent payment was made.
*39. ATTORNEY'S FEES. Except in cases of forcible entry and detainer actions, the prevailing plaintiff in any action arising out of Landlord's or Tenant's application of the rights or remedies made available in the paragraphs or this Lease preceded by an asterisk (*) or in the Chicago Residential Landlord and Tenant Ordinance, Chicago Municipal Code, Ch. 5-12 et seq., shall be entitled to all court costs and reasonable attorney's fees; provided, however, that nothing herein shall be deemed or interpreted as precluding the awarding of attorney's fees in forcible entry and detainer actions in accordance with applicable law or as expressly provided in this Lease.
RULES AND REGULATIONS
1. No animals may be kept in the Apartment without written consent of Landlord or Landlord's agent, which consent shall not be unreasonably withheld.
2. The common areas may not be obstructed or be used for children's play or for any other purpose than for access to or from Landlord's property or apartments, except for lawns, benches, lounges and other areas set aside for special use.
3. All furniture, supplies, goods and packages shall be delivered through the rear or service entrance, stairway or elevator.
4. Carriages, bicycles, sleds and the like are to be stored only in places designated for their storage by Landlord.
5. Laundry and drying apparatus may be used in such a manner and at such times as the Landlord may clearly post in such areas. Clothes washers, dryers and dishwashers may not be kept in the dwelling unit without written consent of Landlord.
6. The use of garbage receptacles or incinerators shall be in accordance with posted signs and only wrapped garbage and refuse may be placed in garbage receptacles or incinerator hoppers. Aerosol cans or inflammable materials may be placed in garbage receptacles or dropped into the incinerator only if so posted.
7. No sign, signal, illumination, notice of any other lettering or equipment shall be exhibited or exposed on or at any door or window or on any part of the outside of the Building or Landlord's property without prior written consent of Landlord, except for occasional civic or political posters.
8. Sinks, toilets, bathtubs and other plumbing fixtures shall not be used for any purpose other than for those for which they were designed; no sweepings, rubbish, rags, or other improper articles shall go into the water pipes. Any damage resulting from misuse of such fixtures shall be paid for by Tenant.
9. Tenant shall not alter any lock or install a new lock or a knocker or other attachment on any door of the premises without the consent of the Landlord except as may be provided in Paragraph 20C above.
10. No waste receptacles, supplies, footwear, umbrellas or other articles shall be placed in the common areas, nor shall anything be hung or shaken from the windows or balconies or placed upon the outside window sills or balconies.
11. There shall be no cooking or baking done in or about the dwelling unit except in the kitchen or dining area. Cooking on a barbecue or other similar equipment on a porch, terrace or balcony is expressly forbidden.
12. No water beds or other furniture filled with a liquid or recreational or therapeutic pool or appliance shall be brought in or used in the dwelling without the written consent of Landlord.
Copyright 1995, The Chicago Council of Lawyers. All rights reserved.