The 1st District Appellate Court of Illinois recently ruled in favor of landlords on an important issue under the Chicago Residential Landlord Tenant Ordinance (RLTO).

Section 5-12-170 of the RLTO requires that a summary of the security deposit interest rates, issued by the Chicago Commissioner of the Department of Planning and Development, be attached to every new lease and renewal, along with the RLTO summary.

For years, landlords who chose not to take a security deposit were still saddled with the burden of obtaining the interest rate summary and adding it as an additional disclosure to each new lease and renewal.

In the new case, Hundley v. WPD Management, LLC, 2023 IL App (1st) 230075, the 1st District Appellate Court held that landlords who do not accept security deposits are not liable under the Chicago RLTO if they fail to attach the security deposit interest rate summary to the Lease.

The Court found that, since the tenants incur no injury or damages by not receiving the security deposit interest rate summary, when no security deposit is paid, such tenants have no standing to bring a claim under the RLTO for failure to attach the summary.

The Appellate Court opinion can be found here.

Legal Resource

Are you considering alternatives to taking a security deposit?  Are you concerned with other security deposit requirements under the Chicago RLTO?

KSN attorneys are familiar with the latest landlord/tenant laws and regulations. We work quickly and efficiently with landlords and rental property managers to discuss evictions, lease reviews, security deposits, and other legal concerns.

KSN can be reached by calling 855-537-0500 or by visiting www.ksnlaw.com.

Since 1983, KSN has been a legal resource for property owners, property managers, board members, and landlords. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.

 

Please note the material contained in this article is for educational and informational purposes only and does not constitute legal advice. No attorney-client relationship is established by your review or receipt of the information contained in this article. You should not act on the information discussed in this article without first obtaining legal advice from an attorney duly licensed to practice law in your State. While KSN has made every effort to include up-to-date information in this article, the law can change quickly. Accordingly, please understand that information discussed in this article may not yet reflect the most recent legal developments. Material is not guaranteed to be correct, complete, or up to date. KSN reserves the right to revise or update the information and statements of law discussed in the article law at any time, without notice, and disclaims any liability for your use of information or statements of law discussed on the article, or the accessibility of the article generally. This article may be considered advertising in some jurisdictions under applicable law/s and/or ethical rules/regulations. © 2023 Kovitz Shifrin Nesbit, A Professional Corporation.