Chapter 17-40
BREACH OF OCCUPANCY RIGHTS BY LANDLORD AND TENANT
Sections:
17-40-010 Breach of occupancy rights by landlord and tenant.
17-40-010 Breach of occupancy rights by landlord and tenant.
A. Unlawful Interruption of Tenant Occupancy by Landlord.
1. Unlawful Acts. It is unlawful for any landlord or any person acting at his direction to knowingly oust or dispose or attempt to oust or dispose any tenant from a rental unit without authority of law (i.e., Cook County sheriffs department), 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 use of force or threat of violence, injury or force to a tenant’s person or property; or by any other act rendering a rental unit or any part thereof or any personal property located therein inaccessible or uninhabitable.
2. Exclusions. The provisions of this section shall not apply where:
a. A landlord acts in compliance with the laws of the state of Illinois pertaining to forcible entry and detainer and engages the sheriff of Cook County to forcibly evict a tenant or his personal property;
b. A landlord acts in compliance with the laws of the state pertaining to distress for rent provided that within five days of taking possession of the tenant’s property, the landlord shows evidence to the director of planning that he or she has filed an action with the court to secure the tenant’s property in return for unpaid rent;
c. A landlord acts pursuant to a court order;
d. A landlord interferes temporarily with possession only as necessary to make needed repairs or inspection and only as provided by law; or e. The rental unit has been abandoned as herein set forth in Section 17-28-010(BX1) of this title.
3. Civil Remedy by Tenant. If a tenant in a civil legal proceeding against his landlord establishes that a violation of this subsection has occurred, he shall be entitled to recover possession of his rental unit or personal property and shall recover an amount equal to not more than two months’ rent and such actual damages, costs and fees as a court shall determine and award. A tenant may pursue any civil remedy for violation of this subsection regardless of whether a line has been entered against the landlord pursuant to subsection D of this section.
4. Tenant’s Right to Terminate Rental Agreement. If a landlord or any person acting at his direction violates this subsection, the tenant shall have the right to terminate the rental agreement by sending the landlord written notice of his intention to terminate within three days of the violation. If the rental agreement is terminated, the landlord shall return all security deposits, prepaid rent and interest to the tenant in accordance with Section 17-24-010(A) of this title.
B. Holdover of Occupancy by Tenant. If the tenant remains in possession without the landlord’s consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and if the tenant’s holdover is willful, the landlord, in addition, may recover an amount equal to not more than two months’ rent and such damages, costs and fees as a court shall determine and award. If the landlord consents to the tenant’s continued occupancy, Section 17-16-010(B) of this title applies.
C. Abuse of Access by Landlord and Tenant.
1. If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access or terminate the rental agreement. In either case, the landlord may recover an amount equal to two months’ rent and such actual damages, costs and fees as a court shall determine and award.
2. If the landlord makes and unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful, but in a manner which has the effect of harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement. In either case, the tenant may recover an amount equal to not more than two months’ rent and such actual damages, costs and fees as a court shall determine and award.
D. Fines for Violating Section. Any person found guilty of violating this section shall be fined as set forth in Chapter 17-72 of this title, 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. (Ord. 3122 § 1 (part), 2004)