Chicago Residential Landlords and Tenants Ordinance

(Municipal Code Chapter 5-12)

5-12-010 Title, purpose and scope. agreement for a dwelling unit located within the
5-12-020 Exclusions. City of Chicago, regardless of where the agreement
5-12-030 Definitions.
is made, subject only to the limitations contained in
Section 5-12-020. This chapter applies specifically
5-12-040 Tenant responsibilities. to rental agreements for dwelling units operated
5-12-050 Landlord's right of access. under subsidy programs of agencies of the United
5-12-060 Remedies for improper denial of access. States and/or the State of Illinois, including
specifically programs operated or subsidized by the
5-12-070 Landlord's responsibility to maintain.
Chicago Housing Authority and/or the Illinois
5-12-080 Security deposits. Housing Development Authority to the extent that
5-12-081 Interest rate on security deposits. this chapter is not in direct conflict with statutory or
5-12-082 Interest rate notification. regulatory provisions governing such programs.
5-12-090 Identification of owner and agents. (Prior code 193.1-1; Added Coun. J. 9-8-86, p.
5-12-095 Tenants' notification of foreclosure action.
33771; Amend Coun. J. 11-6-91, p. 7196; Amend
Coun. J. 3-31-04, p. 20916, 3.22)
5-12-100 Notice of conditions affecting habitability.
5-12-101 Bed bugs - Education.
5-12-020 Exclusions.
5-12-110 Tenant remedies.
Rental of the following dwelling units shall not be
5-12-120 Subleases.
governed by this chapter, unless the rental
5-12-130 Landlord remedies. agreement thereof is created to avoid the application
5-12-140 Rental agreement. of this chapter:
5-12-150 Prohibition on retaliatory conduct by landlord. (a) Dwelling units in owner-occupied buildings
5-12-160 Prohibition on interruption of tenant occupancy by landlord. containing six units or less; provided, however, that
5-12-170 Summary of ordinance attached to rental the provisions of Section 5-12-160 shall apply to
agreement. every rented dwelling unit in such buildings within
5-12-180 Attorney's fees.
the City of Chicago;
5-12-190 Rights and remedies under other laws. (b) Dwelling units in hotels, motels, inns, bed-
and-breakfast establishments, roominghouses and
5-12-200 Severability.
boardinghouses, but only until such time as the
dwelling unit has been occupied by a tenant for 32
5-12-010 Title, purpose and scope. or more continuous days and tenant pays a monthly
This chapter shall be known and may be cited as rent, exclusive of any period of wrongful occupancy
the Residential Landlord and Tenant Ordinance, contrary to agreement with an owner.
and shall be liberally construed and applied to Notwithstanding the above, the prohibition against
promote its purposes and policies. interruption of tenant occupancy set forth in Section
5-12-160 shall apply to every rented dwelling unit
It is the purpose of this chapter and the policy of in such buildings within the City of Chicago. No
the city, in order to protect and promote the public landlord shall bring an action to recover possession
health, safety and welfare of its citizens, to establish of such unit, or avoid renting monthly in order to
the rights and obligations of the landlord and the avoid the application of this chapter. Any willful
tenant in the rental of dwelling units, and to attempt to avoid application of this chapter by an
encourage the landlord and the tenant to maintain owner may be punishable by criminal or civil
and improve the quality of housing. actions;
This chapter applies to, regulates and determines (c) Housing accommodations in any hospital,
rights, obligations and remedies under every rental convent, monastery, extended care facility, asylum
or not-for-profit home for the aged, temporary ownership and a right to present use and enjoyment
overnight shelter, transitional shelter, or in a of the premises, including a mortgagee in
dormitory owned and operated by an elementary possession.
school, high school or institution of higher learning; (d) Person means an individual, corporation,
student housing accommodations wherein a housing government, governmental subdivision or agency,
agreement or housing contract is entered into business trust, estate, trust, partnership or
between the student and an institution of higher association or any other legal or commercial entity.
learning or student housing wherein the institution
exercises control or supervision of the students; or (e) Premises means the dwelling unit and the
student housing owned and operated by a tax structure of which it is a part, and facilities and
exempt organization affiliated with an institution of appurtenances therein, and grounds, areas and
higher learning; facilities held out for the use of tenants.
(d) A dwelling unit that is occupied by a (f) Rent means any consideration, including
purchaser pursuant to a real estate purchase contract any payment, bonus, benefits or gratuity, demanded
prior to the transfer of title to such property to such or received by a landlord for or in connection with
purchaser, or by a seller of property pursuant to a the use or occupancy of a dwelling unit.
real estate purchase contract subsequent to the (g) Rental agreement means all written or oral
transfer of title from such seller; agreements embodying the terms and conditions
(e) A dwelling unit occupied by an employee of concerning the use and occupancy of a dwelling
a landlord whose right to occupancy is conditional unit by a tenant.
upon employment in or about the premises; and (h) Successor landlord means any person who
(f) A dwelling unit in a cooperative occupied by follows a landlord in ownership or control of a
a holder of a proprietary lease. dwelling unit or the building of which it is part, and
shall include a lienholder who takes ownership or
(Prior code 193.1-2; Added Coun. J. 9-8-86, p. control either by contract, operation of law or a
33771; Corrected. 9-12-86, p. 33919; Amend Coun. court order. However, a successor landlord shall
J. 11-6-91, p. 7196; Amend Coun. J. 9-4-03, p. not include a receiver appointed pursuant to a court
7118, 8; Amend Coun. J. 6-11-08, p. 29114, 1) order.
(i) Tenant means a person entitled by written
5-12-030 Definitions. or oral agreement, subtenancy approved by the
Whenever used in this chapter, the following landlord or by sufferance, to occupy a dwelling unit
words and phrases shall have the following to the exclusion of others.
meanings: (Prior code 193.1-3; Added Coun. J. 9-8-86, p.
(a) Dwelling unit means a structure or the part 33771; Corrected. 9-12-86, p. 33919; Amend Coun.
of a structure that is used as a home, residence or J. 11-6-91, p. 7196; Amend Coun. J. 5-12-10, p.
sleeping place by one or more persons who 91084, 1)
maintain a household, together with the common
areas, land and appurtenant buildings thereto, and 5-12-040 Tenant responsibilities.
all housing services, privileges, furnishings and
facilities supplied in connection with the use or Every tenant must:
occupancy thereof, including garage and parking (a) Comply with all obligations imposed
facilities. specifically upon tenants by provisions of the
(b) Landlord means the owner, agent, lessor or municipal code applicable to dwelling units,
sublessor, or the successor in interest of any of including Section 7-28-850;*
them, of a dwelling unit or the building of which it * Editor's note - Per Coun. J. 6-5-13, p. 55787, 6,
is part. the text of paragraph (a) reading ...including
(c) Owner means one or more persons, jointly Section 7-28-850 becomes effective on 12-2-13.
or severally, in whom is vested all or part of the
legal title to property, or all or part of the beneficial
 (b) Keep that part of the premises that he The landlord shall not abuse the right of access or
occupies and uses as safe as the condition of the use it to harass the tenant. Except in cases where
premises permits; access is authorized by subsection (f) or (h) of this
section, the landlord shall give the tenant notice of
(c) Dispose of all ashes, rubbish, garbage and
the landlord's intent to enter of no less than two
other waste from his dwelling unit in a clean and
days. Such notice shall be provided directly to each
safe manner;
dwelling unit by mail, telephone, written notice to
(d) Keep all plumbing fixtures in the dwelling the dwelling unit, or by other reasonable means
unit or used by the tenant as clean as their condition designed in good faith to provide notice to the
permits; tenant. If access is required because of repair work
(e) Use in a reasonable manner all electrical, for common facilities or other apartments, a general
plumbing, sanitary, heating, ventilating, air notice may be given by the landlord to all
conditioning and other facilities and appliances, potentially affected tenants that entry may be
including elevators, in the premises; required. In cases where access is authorized by
subsection (f) or (h) of this section, the landlord
(f) Not deliberately or negligently destroy, may enter the dwelling unit without notice or
deface, damage, impair or remove any part of the consent of the tenant. The landlord shall give the
premises or knowingly permit any person on the tenant notice of such entry within two days after
premises with his consent to do so; and such entry.
(g) Conduct himself and require other persons on The landlord may enter only at reasonable times
the premises with his consent to conduct themselves except in case of an emergency. An entry between
in a manner that will not disturb his neighbors' 8:00 a.m. and 8:00 p.m. or at any other time
peaceful enjoyment of the premises. expressly requested by the tenant shall be presumed
(Prior code 193.1-4; Added Coun. J. 9-8-86, p. reasonable.
33771; Amend Coun. J. 11-6-91, p. 7196; Amend (Prior code 193.1-5; Added Coun. J. 9-8-86, p.
Coun. J. 6-5-13, p. 55787, 3) 33771; Amend Coun. J. 11-6-91, p. 7196)

5-12-050 Landlord's right of access. 5-12-060 Remedies for improper denial of

A tenant shall not unreasonably withhold consent access.
to the landlord to enter the dwelling unit: If the tenant refuses to allow lawful access, the
(a) To make necessary or agreed repairs, landlord may obtain injunctive relief to compel
decorations, alterations or improvements; access or terminate the rental agreement pursuant to
Section 5-12-130(b) of this chapter. In either case,
(b) To supply necessary or agreed services;
the landlord may recover damages.
(c) To conduct inspections authorized or
If the landlord makes an unlawful entry or a
required by any government agency;
lawful entry in an unreasonable manner or makes
(d) To exhibit the dwelling unit to prospective or repeated unreasonable demands for entry otherwise
actual purchasers, mortgagees, workmen or lawful, but which have the effect of harassing the
contractors; tenant, the tenant may obtain injunctive relief to
(e) To exhibit the dwelling unit to prospective prevent the recurrence of the conduct, or terminate
tenants 60 days or less prior to the expiration of the the rental agreement pursuant to the notice
existing rental agreement; provisions of Section 5-12-110(a). In each case, the
tenant may recover an amount equal to not more
(f) For practical necessity where repairs or than one month's rent or twice the damage sustained
maintenance elsewhere in the building unexpectedly by him, whichever is greater.
require such access;
(Prior code 193.1-6; Added Coun. J. 9-8-86, p.
(g) To determine a tenant's compliance with 33771; Amend 11-6-91, p. 7196)
provisions in the rental agreement; and
(h) In case of emergency.
5-12-070 Landlord's responsibility to the security deposits with the landlord's assets if
maintain. there is excess interest in the account in which the
security deposits are deposited. Excess interest
The landlord shall maintain the premises in means the amount of money in excess of the total
compliance with all applicable provisions of the amount of security deposits deposited into the
municipal code and shall promptly make any and all account plus any interest due thereon.
repairs necessary to fulfill this obligation.
(b) (1) Except as provided for in subsection
(Prior code 193.1-7; Added Coun. J. 9-8-86, p. (b)(2), any landlord who receives a security deposit
33771; Amend 11-6-91, p. 7196) from a tenant or prospective tenant shall give said
tenant or prospective tenant at the time of receiving
5-12-080 Security deposits. such security deposit a receipt indicating the
amount of such security deposit, the name of the
(a) (1) A landlord shall hold all security person receiving it and, in the case of the agent, the
deposits received by him in a federally insured name of the landlord for whom such security
interest- bearing account in a bank, savings and loan deposit is received, the date on which it is received,
association or other financial institution located in and a description of the dwelling unit. The receipt
the State of Illinois. A security deposit and interest shall be signed by the person receiving the security
due thereon shall continue to be the property of the deposit. Failure to comply with this subsection shall
tenant making such deposit, shall not be entitle the tenant to immediate return of security
commingled with the assets of the landlord, and deposit.
shall not be subject to the claims of any creditor of
the landlord or of the landlord's successors in (2) Upon payment of the security deposit by
interest, including a foreclosing mortgagee or means of an electronic funds transfer, the landlord
trustee in bankruptcy. shall give the tenant a receipt that complies with
subsection (b)(1), or an electronic receipt that
(2) Notwithstanding subsection (a)(1), a acknowledges the receipt of the security
landlord may accept the payment of the first deposit. The electronic receipt shall set forth the
month's rent and security deposit in one check or date of the receipt of the security deposit, the
one electronic funds transfer, and deposit the check amount of the deposit, a description of the dwelling
or electronic funds transfer into one account, if unit and an electronic or digital signature, as those
within 5 business days of the acceptance of the terms are defined in 5 ILCS 175/5-105, of the
check or electronic transfer, the landlord transfers person receiving the deposit.
the amount of the security deposit into a separate
account that complies with subsection (a)(1). (c) A landlord who holds a security deposit or
prepaid rent pursuant to this section for more than
(3) The name and address of the financial six months shall pay interest to the tenant accruing
institution where the security deposit will be from the beginning date of the rental term specified
deposited shall be clearly and conspicuously in the rental agreement at the rate determined in
disclosed in the written rental agreement signed by accordance with Section 5-12-081 for the year in
the tenant. If no written rental agreement is which the rental agreement was entered into. The
provided, the landlord shall, within 14 days of landlord shall, within 30 days after the end of each
receipt of the security deposit, notify the tenant in 12-month rental period, pay to the tenant any
writing of the name and address of the financial interest, by cash or credit to be applied to the rent
institution where the security deposit was deposited. due.
If, during the pendency of the rental agreement, (d) The landlord shall, within 45 days after the
a security deposit is transferred from one financial date that the tenant vacates the dwelling unit or
institution to another, the landlord shall, within 14 within seven days after the date that the tenant
days of such transfer, notify the tenant in writing of provides notice of termination of the rental
the name and address of the new financial agreement pursuant to Section 5-12-110(g), return
institution. to the tenant the security deposit or any balance
(4) Notwithstanding subsection (a)(1), a thereof and the required interest thereon; provided,
landlord shall not be considered to be commingling however, that the landlord, or successor landlord,
may deduct from such security deposit or interest specifying the name, business address and business
due thereon for the following: telephone number of the successor landlord or his
agent within ten days of said transfer.
(1) Any unpaid rent which has not been validly
withheld or deducted pursuant to state or federal (f) (1) Subject to subsection (f)(2), if the
law or local ordinance; and landlord fails to comply with any provision of
Section 5-12-080(a) (e), the tenant shall be
(2) A reasonable amount necessary to repair
awarded damages in an amount equal to two times
any damage caused to the premises by the tenant or
the security deposit plus interest at a rate
any person under the tenant's control or on the
determined in accordance with Section 5-12-081.
premises with the tenant's consent, reasonable wear
This subsection does not preclude the tenant from
and tear excluded. In case of such damage, the
recovering other damages to which he may be
landlord shall deliver or mail to the last known
entitled under this chapter.
address of the tenant within 30 days an itemized
statement of the damages allegedly caused to the (2) If a landlord pays the interest on a security
premises and the estimated or actual cost for deposit or prepaid rent within the 30-day period
repairing or replacing each item on that statement, provided for in subsection (c), or within the 45-day
attaching copies of the paid receipts for the repair or period provided for in subsection (d), whichever is
replacement. If estimated cost is given, the landlord applicable, but the amount of interest is deficient,
shall furnish the tenant with copies of paid receipts the landlord shall not be liable for damages under
or a certification of actual costs of repairs of subsection (f)(2) unless:
damage if the work was performed by the landlord's (A) the tenant gives written notice to the
employees within 30 days from the date the landlord that the amount of the interest returned was
statement showing estimated cost was furnished to deficient; and
the tenant.
(B) within fourteen days of the receipt of the
(e) In the event of a sale, lease, transfer of notice, the landlord fails to either:
ownership or control or other direct or indirect
disposition of residential real property by a landlord (i) pay to the tenant the correct amount of
who has received a security deposit or prepaid rent interest due plus $50.00; or
from a tenant, the successor landlord of such (ii) provide to the tenant a written response
property shall be liable to that tenant for any which sets forth an explanation of how the interest
security deposit, including statutory interest, or paid was calculated.
prepaid rent which the tenant has paid to the
transferor. If the tenant disagrees with the calculation of the
interest, as set forth in the written response, the
The successor landlord shall, within 14 days from tenant may bring a cause of action in a court of
the date of such transfer, notify the tenant who competent jurisdiction challenging the correctness
made such security deposit by delivering or mailing of the written response. If the court determines that
to the tenant's last known address that such security the interest calculation was not accurate, the tenant
deposit was transferred to the successor landlord shall be awarded damages in an amount equal to
and that the successor landlord is holding said two times the security deposit plus interest at a rate
security deposit. Such notice shall also contain the determined in accordance with Section 5-12-081.
successor landlord's name, business address, and
business telephone number of the successor (Prior code 193.1-8; Added Coun. J. 9-8-86, p.
landlord's agent, if any. The notice shall be in 33771; Corrected. 9-12-86, p. 33919; Amend Coun.
writing. J. 11-6-91, p. 7196; Amend Coun. J. 5-14-97, p.
45166; Amend Coun. J. 3-31-04, p. 20916, 3.23;
The transferor shall remain jointly and severally Amend Coun. J. 5-12-10, p. 91084, 1; Amend
liable with the successor landlord to the tenant for Coun. J. 7-28-10, p. 97304, 1)
such security deposit or prepaid rent, unless and
until such transferor transfers said security deposit
or prepaid rent to the successor landlord and 5-12-081 Interest rate on security deposits.
provides notice, in writing, to the tenant of such
transfer of said security deposit or prepaid rent,
 During December of each year, the city behalf shall disclose to the tenant in writing at or
comptroller shall review the status of banks within before the commencement of the tenancy the name,
the city and interest rates on savings accounts, address, and telephone number of:
insured money market accounts and six (6) month (a) The owner or person authorized to manage
certificates of deposit at commercial banks located the premises; and
within the city. On the first business day of each
year, the city comptroller shall announce the rates (b) A person authorized to act for and on behalf
of interest, as of the last business day of the prior of the owner for the purpose of service of process
month, on savings accounts, insured money market and for the purpose of receiving and receipting for
accounts and six (6) month certificates of deposit at notices and demands.
the commercial bank having the most number of A person who enters into a rental agreement and
branches located within the city. The rates for fails to comply with the requirements of this section
money market accounts and for certificates of becomes an agent of the landlord for the purpose of
deposit shall be based on the minimum deposits for (i) service of process and receiving and receipting
such investments. The comptroller shall calculate for notices and demands and (ii) performing the
and announce the average of the three rates. The obligations of the landlord under this chapter and
average of these rates so announced by the under the rental agreement.
comptroller shall be the rate of interest on security
deposits under rental agreements governed by this The information required to be furnished by this
chapter and made or renewed after the most recent section shall be kept current and this section extends
announcement. to and is enforceable against any successor landlord,
owner, or manager.
(Added Coun. J. 5-14-97, p. 45166; Amend Coun. J.
5-14-08, p. 26210, 25) If the landlord fails to comply with this section,
the tenant may terminate the rental agreement
pursuant to the notice provisions of Section 5-12-
5-12-082 Interest rate notification. 110(a). If the landlord fails to comply with the
The city comptroller, after computing the rate of requirements of this section after receipt of written
interest on security deposit governed by this notice pursuant to Section 5-12-110(a), the tenant
chapter, shall cause the new rate of security deposit shall recover one month's rent or actual damages,
interest to be published for five consecutive whichever is greater.
business days in two or more newspapers of general (Prior code 193.1-9; Added Coun. J. 9-8-86, p.
circulation in the city. The mayor shall direct the 33771; Corrected. 9-12-86, p. 33919; Amend Coun.
appropriate city department to prepare and publish J. 11-6-91, p. 7196)
for free public distribution at government offices,
libraries, schools and community organizations, a
pamphlet or brochure describing the respective 5-12-095 Tenants' notification of foreclosure
rights, obligations and remedies of landlords and action.
tenants with respect to security deposits, including (a) Within seven (7) days of being served a
the new interest rate as well as the interest rate for foreclosure complaint, as defined in 735 ILCS 5/15-
each of the prior two years. The commissioner shall 1504, an owner or landlord of a premises that is the
also distribute the new rate of security deposit subject of the foreclosure complaint shall disclose,
interest, as well as the interest rate for each of the in writing, to all tenants of the premises that a
prior two years, through public service foreclosure action has been filed against the owner
announcements to all radio and television outlets or landlord. An owner or landlord shall also
broadcasting in the city. disclose, in writing, the notice of foreclosure to any
(Added Coun. J. 5-14-97, p. 45166) other third party who has a consistent pattern and
practice of paying rent to the owner or landlord on
behalf of a tenant.
5-12-090 Identification of owner and agents.
Before a tenant initially enters into a rental
A landlord or any person authorized to enter into
agreement for a dwelling unit, the owner or landlord
an oral or written rental agreement on the landlord's
shall also disclose, in writing, that he is named in a electrical or other utility service to the dwelling unit
foreclosure complaint. or common areas. The disclosure shall state the type
of service to be terminated, the intended date of
The written disclosure shall include the court in
termination; and whether the termination will affect
which the foreclosure action is pending, the case
the dwelling unit, the common areas or both. A
name, and case number and shall include the
landlord shall be under a continuing obligation to
following language:
provide disclosure of the information described in
This is not a notice to vacate the premise. This this subsection (b) throughout a tenancy. If a
notice does not mean ownership of the building has landlord violates this section, the tenant or
changed. All tenants are still responsible for prospective tenant shall be entitled to remedies
payment of rent and other obligations under the described in Section 5-12-090.
rental agreement. The owner or landlord is still
(Prior code 193.1-10; Added Coun. J. 9-8-86, p.
responsible for their obligations under the rental
33771; Corrected. 9-12-86, p. 33919; Amend Coun.
agreement. You shall receive additional notice if
J. 11-6-91, p. 7196)
there is a change in owner.
(b) If the owner or landlord fails to comply with
this section, the tenant may terminate the rental 5-12-101 Bed bugs - Education.
agreement by written notice. The written notice For any rental agreement for a dwelling unit
shall specify the date of termination no later than entered into or renewed after the effective date of
thirty (30) days from the date of the written this 2013 amendatory ordinance, prior to entering
notice. In addition, if a tenant in a civil legal into or renewing such agreement, the landlord or
proceeding against an owner or landlord establishes any person authorized to enter into such agreement
that a violation of this section has occurred, he shall on his behalf shall provide to such tenant the
be entitled to recover Two Hundred and no/100 informational brochure on bed bug prevention and
Dollars ($200.00) in damages, in addition to any treatment prepared by the department of health
other damages or remedies that the tenant may also pursuant to Section 7-28-860.
be entitled.
(Added Coun. J. 6-5-13, p. 55787, 3)
(Added Coun. J. 10-8-08, p. 39857, 2)
Editor's note - Per Coun. J. 6-5-13, p. 55787, 6,
5-12-101 becomes effective on 12-2-13.
5-12-100 Notice of conditions affecting
habitability. 5-12-110 Tenant remedies.
Before a tenant initially enters into or renews a In addition to any remedies provided under
rental agreement for a dwelling unit, the landlord or federal law, a tenant shall have the remedies
any person authorized to enter into a rental specified in this section under the circumstances
agreement on his behalf shall disclose to the tenant herein set forth.
in writing:
For purposes of this section, material
(a) Any code violations which have been cited noncompliance with Section 5-12-070 shall include,
by the City of Chicago during the previous 12 but is not limited to, any of the following
months for the dwelling unit and common areas and circumstances:
provide notice of the pendency of any code
enforcement litigation or compliance board Failure to maintain the structural integrity of the
proceeding pursuant to Section 13-8-070 of the building or structure or parts thereof;
municipal code affecting the dwelling unit or Failure to maintain floors in compliance with the
common area. The notice shall provide the case safe load-bearing requirements of the municipal
number of the litigation and/or the identification code;
number of the compliance board proceeding and a
listing of any code violations cited. Failure to comply with applicable requirements of
the municipal code for the number, width,
(b) Any notice of intent by the City of Chicago construction, location or accessibility of exits;
or any utility provider to terminate water, gas,
 Failure to maintain exit, stairway, fire escape or Failure to exterminate insects, rodents or other
directional signs where required by the municipal pests;
code; Failure to supply or maintain facilities for refuse
Failure to provide smoke detectors, sprinkler disposal;
systems, standpipe systems, fire alarm systems, Failure to prevent the accumulation of garbage,
automatic fire detectors or fire extinguishers where trash, refuse or debris as required by the municipal
required by the municipal code; code;
Failure to maintain elevators in compliance with Failure to provide adequate light or ventilation as
applicable provisions of the municipal code; required by the municipal code;
Failure to provide or maintain in good working Failure to maintain plumbing facilities, piping,
order a flush water closet, lavatory basin, bathtub or fixtures, appurtenances and appliances in good
shower, or kitchen sink; operating condition and repair;
Failure to maintain heating facilities or gas-fired Failure to provide or maintain electrical systems,
appliances in compliance with the requirements of circuits, receptacles and devices as required by the
the municipal code; municipal code;
Failure to provide heat or hot water in such Failure to maintain and repair any equipment
amounts and at such levels and times as required by which the landlord supplies or is required to supply;
the municipal code; or
Failure to provide hot and cold running water as Failure to maintain the dwelling unit and common
required by the municipal code; areas in a fit and habitable condition.
Failure to provide adequate hall or stairway (a) Noncompliance by Landlord. If there is
lighting as required by the municipal code; material noncompliance by the landlord with a
Failure to maintain the foundation, exterior walls rental agreement or with Section 5-12-070 either of
or exterior roof in sound condition and repair, which renders the premises not reasonably fit and
substantially watertight and protected against habitable, the tenant under the rental agreement may
rodents; deliver a written notice to the landlord specifying
the acts and/or omissions constituting the material
Failure to maintain floors, interior walls or
noncompliance and specifying that the rental
ceilings in sound condition and good repair;
agreement will terminate on a date not less than 14
Failure to maintain windows, exterior doors or days after receipt of the notice by the landlord,
basement hatchways in sound condition and repair unless the material noncompliance is remedied by
and substantially tight and to provide locks or the landlord within the time period specified in the
security devices as required by the municipal code, notice. If the material noncompliance is not
including deadlatch locks, deadbolt locks, sash or remedied within the time period so specified in the
ventilation locks, and front door windows or notice, the rental agreement shall terminate, and the
peepholes; tenant shall deliver possession of the dwelling unit
Failure to supply screens where required by the to the landlord within 30 days after the expiration of
municipal code; the time period specified in the notice. If possession
shall not be so delivered, then the tenant's notice
Failure to maintain stairways or porches in safe shall be deemed withdrawn and the lease shall
condition and sound repair; remain in full force and effect. If the rental
Failure to maintain the basement or cellar in a safe agreement is terminated, the landlord shall return all
and sanitary condition; prepaid rent, security and interest recoverable by the
tenant under Section 5-12-080.
Failure to maintain facilities, equipment or
chimneys in safe and sound working condition; (b) Failure to Deliver Possession. If the landlord
fails to deliver possession of the dwelling unit to the
Failure to prevent the accumulation of stagnant tenant in compliance with the residential rental
water; agreement or Section 5-12-070, rent for the
dwelling unit shall abate until possession is any right to repair any common element or dwelling
delivered, and the tenant may: unit in a building subject to a condominium regime
other than in accordance with the declaration and
(1) Upon written notice to the landlord,
bylaws of such condominium building; provided,
terminate the rental agreement and upon termination
that the declaration and bylaws have not been
the landlord shall return all prepaid rent and
created to avoid the application of this chapter.
security; or
For purposes of mechanics' lien laws, repairs
(2) Demand performance of the rental
performed or materials furnished pursuant to this
agreement by the landlord and, if the tenant elects,
subsection shall not be construed as having been
maintain an action for possession of the dwelling
performed or furnished pursuant to authority of or
unit against the landlord or any person wrongfully
with permission of the landlord.
in possession and recover the damages sustained by
him. (d) Failure to Maintain. If there is material
noncompliance by the landlord with the rental
If a person's failure to deliver possession is wilful,
agreement or with Section 5-12-070, the tenant may
an aggrieved person may recover from the person
notify the landlord in writing of the tenant's
withholding possession an amount not more than
intention to withhold from the monthly rent an
two months' rent or twice the actual damages
sustained by him, whichever is greater. amount which reasonably reflects the reduced value
of the premises due to the material noncompliance.
(c) Minor Defects. If there is material If the landlord fails to correct the condition within
noncompliance by the landlord with the rental 14 days after being notified by the tenant in writing,
agreement or with Section 5-12-070, and the the tenant may, during the time such failure
reasonable cost of compliance does not exceed the continues, deduct from the rent the stated amount. A
greater of $500.00 or one-half of the monthly rent, tenant shall not withhold rent under this subsection
the tenant may recover damages for the material if the condition was caused by the deliberate or
noncompliance or may notify the landlord in negligent act or omission of the tenant, a member of
writing of his intention to correct the condition at the tenant's family, or other person on the premises
the landlord's expense; provided, however, that this with the tenant's consent.
subsection shall not be applicable if the reasonable
(e) Damages and Injunctive Relief. If there is
cost of compliance exceeds one month's rent. If the
material noncompliance by the landlord with the
landlord fails to correct the defect within 14 days
rental agreement or with Section 5-12-070, the
after being notified by the tenant in writing or as
tenant may obtain injunctive relief, and/or recover
promptly as conditions require in case of
damages by claim or defense. This subsection does
emergency, the tenant may have the work done in a
not preclude the tenant from obtaining other relief
workmanlike manner and in compliance with
to which he may be entitled under this chapter.
existing law and building regulations and, after
submitting to the landlord a paid bill from an (f) Failure to Provide Essential Services. If there
appropriate tradesman or supplier, deduct from his is material noncompliance by the landlord with the
or her rent the amount thereof, not to exceed the rental agreement or with Section 5-12-070,either of
limits specified by this subsection and not to exceed which constitutes an immediate danger to the health
the reasonable price then customarily charged for and safety of the tenant or if, contrary to the rental
such work. A tenant shall not repair at the landlord's agreement or Section 5-12-070, the landlord fails to
expense if the condition was caused by the supply heat, running water, hot water, electricity,
deliberate or negligent act or omission of the tenant, gas or plumbing, the tenant may give written notice
a member of the tenant's family, or other person on to the landlord specifying the material
the premises with the tenant's consent. noncompliance or failure. If the landlord has,
pursuant to this ordinance or in the rental
Before correcting a condition affecting facilities
shared by more than one dwelling unit, the tenant agreement, informed the tenant of an address at
which notices to the landlord are to be received, the
shall notify all other affected tenants and shall cause
tenant shall mail or deliver the written notice
the work to be done so as to create the least
required in this section to such address. If the
practical inconvenience to the other tenants.
landlord has not informed the tenant of an address
Nothing herein shall be deemed to grant any tenant
at which notices to the landlord are to be received, If the tenant proceeds under this subsection (f), he
the written notice required in this section shall be may not proceed under subsections (c) or (d). The
delivered by mail to the last known address of the tenant may not exercise his rights under this
landlord or by other reasonable means designed in subsection if the condition was caused by the
good faith to provide written notice to the landlord. deliberate or negligent act or omission of the tenant,
After such notice, the tenant may during the period a member of his family, or other person on the
of the landlord's noncompliance or failure: premises with his consent. Before correcting a
condition, the repair of which will affect more than
(1) Procure reasonable amounts of heat,
his own dwelling unit, the tenant shall notify all
running water, hot water, electricity, gas or
other tenants affected and shall cause the work to be
plumbing service, as the case may be and upon
done so as to result in the least practical
presentation to the landlord of paid receipts deduct
inconvenience to other tenants.
their cost from the rent; or
(g) Fire or Casualty Damage. If the dwelling unit
(2) Recover damages based on the reduction in
or common area are damaged or destroyed by fire
the fair rental value of the dwelling unit; or
or casualty to an extent that the dwelling unit is in
(3) Procure substitute housing, in which case material noncompliance with the rental agreement
the tenant is excused from paying rent for the period or with Section 5-12-070, the tenant may:
of the landlord's noncompliance. The tenant may
(1) Immediately vacate the premises and notify
recover the cost of the reasonable value of the
the landlord in writing within 14 days thereafter of
substitute housing up to an amount equal to the
the tenant's intention to terminate the rental
monthly rent for the each month or portion thereof
agreement, in which case the rental agreement
of noncompliance as prorated.
terminates as of the date of the fire or casualty; or
In addition to the remedies set forth in Section 5-
(2) If continued occupancy is lawful, vacate
12-110(f)(1) (3), the tenant may:
any part of the dwelling unit rendered unusable by
(4) Withhold from the monthly rent an amount the fire or casualty, in which case the tenant's
that reasonably reflects the reduced value of the liability for rent is reduced in proportion to the
premises due to the material noncompliance or reduction in the fair rental value of the dwelling
failure if the landlord fails to correct the condition unit; or
within 24 hours after being notified by the tenant;
(3) If the tenant desires to continue the
provided, however, that no rent shall be withheld if
tenancy, and if the landlord has promised or begun
the failure is due to the inability of the utility
work to repair the damage or destruction but fails to
provider to provide service; or
carry out the work to restore the dwelling unit or
(5) Terminate the rental agreement by written common area diligently and within a reasonable
notice to the landlord if the material noncompliance time, notify the landlord in writing within 14 days
or failure persists for more than 72 hours after the after the tenant becomes aware that the work is not
tenant has notified the landlord of the material being carried out diligently or within a reasonable
noncompliance or failure; provided, however, that time of the tenant's intention to terminate the rental
no termination shall be allowed if the failure is due agreement, in which case the rental agreement
to the inability of the utility provider to provide terminates as of the date of the fire or casualty.
service. If the rental agreement is terminated, the
If the rental agreement is terminated under this
landlord shall return all prepaid rent, security
subsection (g), the landlord shall return all security
deposits and interest thereon in accordance with
and all prepaid rent in accordance with Section 5-
Section 5-12-080 and tenant shall deliver possession
12-080(d). Accounting for rent in the event of
of the dwelling unit to the landlord within 30 days
termination or apportionment shall be made as of
after the expiration of the 72-hour time period
the date of the fire or casualty. A tenant may not
specified in the notice. If possession shall not be so
exercise remedies in this subsection if the fire or
delivered, then the tenant's notice shall be deemed
casualty damage was caused by the deliberate or
withdrawn and the lease shall remain in full force
negligent act or omission of the tenant, a member of
and effect.
his family or a person on the premises with his
consent.
(Prior code 193.1-11; Added Coun. J. 9-8-86, p. (b) Noncompliance by Tenant. If there is
33771; Corrected. 9-12-86, p. 33919; Amend Coun. material noncompliance by a tenant with a rental
J. 11-6-91, p. 7196) agreement or with Section 5-12-040, the landlord of
such tenant's dwelling unit may deliver written
notice to the tenant specifying the acts and/or
5-12-120 Subleases.
omissions constituting the breach and that the rental
If the tenant terminates the rental agreement prior agreement will terminate upon a date not less than
to its expiration date, except for cause authorized by ten days after receipt of the notice, unless the breach
this chapter, the landlord shall make a good faith is remedied by the tenant within that period of time.
effort to re-rent the tenant's dwelling unit at a fair If the breach is not remedied within the 10-day
rental, which shall be the rent charged for period, the residential rental agreement shall
comparable dwelling units in the premises or in the terminate as provided in the notice. The landlord
same neighborhood. The landlord shall accept a may recover damages and obtain injunctive relief
reasonable sublease proposed by the tenant without for any material noncompliance by the tenant with
an assessment of additional fees or charges. the rental agreement or with Section 5-12-040. If
If the landlord succeeds in re-renting the dwelling the tenant's noncompliance is wilful, the landlord
unit at a fair rental, the tenant shall be liable for the may also recover reasonable attorney's fees.
amount by which the rent due from the date of (c) Failure to Maintain. If there is material
premature termination to the termination of the noncompliance by the tenant with Section 5-12-040
initial rental agreement exceeds the fair rental (other than subsection (g) thereof), and the tenant
subsequently received by the landlord from the date fails to comply as promptly as conditions permit in
of premature termination to the termination of the case of emergency or in cases other than
initial rental agreement. emergencies within 14 days of receipt of written
If the landlord makes a good-faith effort to re-rent notice by the landlord specifying the breach and
the dwelling unit at a fair rental and is unsuccessful, requesting that the tenant remedy it within that
the tenant shall be liable for the rent due for the period of time, the landlord may enter the dwelling
period of the rental agreement. The tenant shall also unit and have the necessary work done in the
be liable for the reasonable advertising costs manner required by law. The landlord shall be
incurred by the landlord in seeking to re-rent the entitled to reimbursement from the tenant of the
dwelling unit. costs of repairs under this section.

(Prior code 193.1-12; Added Coun. J. 9-8-86, p. (d) Disturbance of Others. If the tenant violates
33771; Amend Coun. J. 11-6-91, p. 7196) Section 5-12-040(g) within 60 days after receipt of
a written notice as provided in subsection (b), the
landlord may obtain injunctive relief against the
5-12-130 Landlord remedies. conduct constituting the violation, or may terminate
Every landlord shall have the remedies specified the rental agreement on ten days' written notice to
in this section for the following circumstances: the tenant.
(a) Failure to Pay Rent. If all or any portion of (e) Abandonment. Abandonment of the dwelling
rent is unpaid when due and the tenant fails to pay unit shall be deemed to have occurred when:
the unpaid rent within five days after written notice (1) Actual notice has been provided to the
by the landlord of his intention to terminate the landlord by the tenant indicating the tenant's
rental agreement if rent is not so paid, the landlord intention not to return to the dwelling unit; or
may terminate the rental agreement. Nothing in this
subsection shall affect a landlord's obligation to (2) All persons entitled under a rental
provide notice of termination of tenancy in agreement to occupy the dwelling unit have been
subsidized housing as required under federal law or absent from the unit for a period of 21 days or for
regulations. A landlord may also maintain an action one rental period when the rental agreement is for
for rent and/or damages without terminating the less than a month, and such persons have removed
rental agreement. their personal property from the premises, and rent
for that period is unpaid; or
 (3) All persons entitled under a rental (h) Remedy After Termination. If the rental
agreement to occupy the dwelling unit have been agreement is terminated, the landlord shall have a
absent from the unit for a period of 32 days, and claim for possession and/or for rent.
rent for that period is unpaid. (i) Notice or Renewal of Rental Agreement. No
Notwithstanding the above, abandonment of the tenant shall be required to renew a rental agreement
dwelling unit shall not be deemed to have occurred more than 90 days prior to the termination date of
if any person entitled to occupancy has provided the the rental agreement. If the landlord violates this
landlord a written notice indicating that he still subsection, the tenant shall recover one month's rent
intends to occupy the unit and makes full payment or actual damages, whichever is greater.
of all amounts due to the landlord. (j) Notice or Refusal to Renew Rental
If the tenant abandons the dwelling unit, the Agreement. Provided that the landlord has not
landlord shall make a good faith effort to re-rent it exercised, or is not in the process of exercising, any
at a fair rental, which shall be the rent charged for of its rights under Section 5-12-130(a) (h) hereof,
comparable dwelling units in the premises or in the the landlord shall notify the tenant in writing at least
same neighborhood. If the landlord succeeds in re- 30 days prior to the stated termination date of the
renting the dwelling unit at a fair rental, the tenant rental agreement of the landlord's intent either to
shall be liable for the amount by which the rent due terminate a month to month tenancy or not to renew
from the date of abandonment to the termination of an existing rental agreement. If the landlord fails to
the initial rental agreement exceeds the fair rental give the required written notice, the tenant may
subsequently received by the landlord from the date remain in the dwelling unit for up to 60 days after
of abandonment to the termination of the initial the date on which such required written notice is
rental agreement. If the landlord makes a good faith given to the tenant, regardless of the termination
effort to re-rent the dwelling unit at a fair rental and date specified in the existing rental agreement.
is unsuccessful, the tenant shall be liable for the rent During such occupancy, the terms and conditions of
due for the period of the rental agreement. The the tenancy (including, without limitation, the rental
tenant shall also be liable for the reasonable rate) shall be the same as the terms and conditions
advertising expenses and reasonable redecoration during the month of tenancy immediately preceding
costs incurred by the landlord pursuant to this the notice; provided, however, that if rent was
subsection. waived or abated in the preceding month or months
as part of the original rental agreement, the rental
(f) Disposition of Abandoned Property. If the
amount during such 60-day period shall be at the
tenant abandons the dwelling unit as described in
rate established on the last date that a full rent
subsection (e) hereof, or fails to remove his
payment was made.
personal property from the premises after
termination of a rental agreement, the landlord shall (Prior code 193.1-13; Added Coun. J. 9-8-86, p.
leave the property in the dwelling unit or remove 33771; Amend Coun. J. 11-6-91, p. 7196)
and store all abandoned property from the dwelling
unit and may dispose of the property after seven
5-12-140 Rental agreement.
days. Notwithstanding the foregoing, if the landlord
reasonably believes such abandoned property to be Except as otherwise specifically provided by this
valueless or of such little value that the cost of chapter, no rental agreement may provide that the
storage would exceed the amount that would be landlord or tenant:
realized from sale, or if such property is subject to (a) Agrees to waive or forego rights, remedies or
spoilage, the landlord may immediately dispose of obligations provided under this chapter;
such property.
(b) Authorizes any person to confess judgment
(g) Waiver of Landlord's Right to Terminate. If on a claim arising out of the rental agreement;
the landlord accepts the rent due knowing that there
is a default in payment of rent by the tenant he (c) Agrees to the limitation of any liability of the
thereby waives his right to terminate the rental landlord or tenant arising under law;
agreement for that breach.
 (d) Agrees to waive any written termination of (a) Complained of code violations applicable to
tenancy notice or manner of service thereof the premises to a competent governmental agency,
provided under state law or this chapter; elected representative or public official charged
with responsibility for enforcement of a building,
(e) Agrees to waive the right of any party to a
housing, health or similar code; or
trial by jury;
(b) Complained of a building, housing, health or
(f) Agrees that in the event of a lawsuit arising
similar code violation or an illegal landlord practice
out of the tenancy the tenant will pay the landlord's
to a community organization or the news media; or
attorney's fees except as provided for by court rules,
statute, or ordinance; (c) Sought the assistance of a community
organization or the news media to remedy a code
(g) Agrees that either party may cancel or
violation or illegal landlord practice; or
terminate a rental agreement at a different time or
within a shorter time period than the other party, (d) Requested the landlord to make repairs to the
unless such provision is disclosed in a separate premises as required by a building code, health
written notice; ordinance, other regulation, or the residential rental
agreement; or
(h) Agrees that a tenant shall pay a charge, fee or
penalty in excess of $10.00 per month for the first (e) Becomes a member of a tenant's union or
$500.00 in monthly rent plus five percent per month similar organization; or
for any amount in excess of $500.00 in monthly rent (f) Testified in any court or administrative
for the late payment of rent; proceeding concerning the condition of the
(i) Agrees that, if a tenant pays rent before a premises; or
specified date or within a specified time period in (g) Exercised any right or remedy provided by
the month, the tenant shall receive a discount or law.
reduction in the rental amount in excess of $10.00
per month for the first $500.00 in monthly rent plus If the landlord acts in violation of this section, the
five percent per month for any amount in excess of tenant has a defense in any retaliatory action against
$500.00 in monthly rent. him for possession and is entitled to the following
remedies: he shall recover possession or terminate
A provision prohibited by this section included in the rental agreement and, in either case, recover an
a rental agreement is unenforceable. The tenant may amount equal to and not more than two months' rent
recover actual damages sustained by the tenant or twice the damages sustained by him, whichever
because of the enforcement of a prohibited is greater, and reasonable attorneys' fees. If the
provision. If the landlord attempts to enforce a rental agreement is terminated, the landlord shall
provision in a rental agreement prohibited by this
return all security and interest recoverable under
section the tenant may recover two months' rent. Section 5-12-080 and all prepaid rent. In an action
(Prior code 193.1-14; Added Coun. J. 9-8-86, p. by or against the tenant, if there is evidence of
33771; Corrected. 9-12-86, p. 33919; Amend Coun. tenant conduct protected herein within one year
J. 11-6-91, p. 7196) prior to the alleged act of retaliation, that evidence
shall create a rebuttable presumption that the
landlord's conduct was retaliatory. The presumption
5-12-150 Prohibition on retaliatory conduct
shall not arise if the protected tenant activity was
by landlord. initiated after the alleged act of retaliation.
It is declared to be against public policy of the (Prior code 193.1-15; Added Coun. J. 9-8-86, p.
City of Chicago for a landlord to take retaliatory 33771; Amend Coun. J. 11-6-91, p. 7196)
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, 5-12-160 Prohibition on interruption of
increase rent, decrease services, bring or threaten to tenant occupancy by landlord.
bring a lawsuit against a tenant for possession or It is unlawful for any landlord or any person
refuse to renew a lease or tenancy because the acting at his direction knowingly to oust or
tenant has in good faith:
dispossess or threaten or attempt to oust or (Prior code 193.1-16; Added Coun. J. 9-8-86, p.
dispossess any tenant from a dwelling unit without 33771; Amend Coun. J. 11-6-91, p. 7196)
authority of law, by plugging, changing, adding or
removing any lock or latching device; or by
5-12-170 Summary of ordinance attached to
blocking any entrance into said unit; or by removing
any door or window from said unit; or by rental agreement.
interfering with the services to said unit; including The commissioner of the department of planning
but not limited to electricity, gas, hot or cold water, and development shall prepare a summary of this
plumbing, heat or telephone service; or by removing chapter, describing the respective rights, obligations
a tenant's personal property from said unit; or by the and remedies of landlords and tenants hereunder,
removal or incapacitating of appliances or fixtures, and shall make such summary available for public
except for the purpose of making necessary repairs; inspection and copying. The commissioner shall
or by the use or threat of force, violence or injury to also, after the city comptroller has announced the
a tenant's person or property; or by any act rate of interest on security deposits on the first
rendering a dwelling unit or any part thereof or any business day of the year, prepare a separate
personal property located therein inaccessible or summary describing the respective rights,
uninhabitable. The foregoing shall not apply where: obligations and remedies of landlords and tenants
(a) A landlord acts in compliance with the laws with respect to security deposits, including the new
of Illinois pertaining to forcible entry and detainer interest rate as well as the rate for each of the prior
and engages the sheriff of Cook County to forcibly two years. The commissioner shall also distribute
evict a tenant or his personal property; or the new rate of security deposit interest, as well as
the rate for each of the prior two years, through
(b) A landlord acts in compliance with the laws public service announcements to all radio and
of Illinois pertaining to distress for rent; or television outlets broadcasting in the city. A copy
(c) A landlord interferes temporarily with of such summary shall be attached to each written
possession only as necessary to make needed rental agreement when any such agreement is
repairs or inspection and only as provided by law; initially offered to any tenant or prospective tenant
or by or on behalf of a landlord and whether such
agreement is for a new rental or a renewal
(d) The tenant has abandoned the dwelling unit, thereof. Where there is an oral agreement, the
as defined in Section 5-12-130(e). landlord shall give to the tenant a copy of the
Whenever a complaint of violation of this summary.
provision is received by the Chicago Police The summary shall include the following
Department, the department shall investigate and language:
determine whether a violation has occurred. Any
person found guilty of violating this section shall be The porch or deck of this building should be
fined not less then $200.00 nor more than $500.00, designed for a live load of up to 100 pounds, per
and each day that such violation shall occur or square foot and is safe only for its intended
continue shall constitute a separate and distinct use. Protect your safety. Do not overload the porch
offense for which a fine as herein provided shall be or deck. If you have questions about porch or deck
imposed. If a tenant in a civil legal proceeding safety, call the City of Chicago non-emergency
against his landlord establishes that a violation of number, 3-1-1.
this section has occurred he shall be entitled to If the landlord acts in violation of this section, the
recover possession of his dwelling unit or personal tenant may terminate the rental agreement by
property and shall recover an amount equal to not written notice. The written notice shall specify the
more than two months' rent or twice the actual date of termination no later than 30 days from the
damages sustained by him, whichever is greater. A date of the written notice. If a tenant in a civil legal
tenant may pursue any civil remedy for violation of proceeding against his landlord establishes that a
this section regardless of whether a fine has been violation of this section has occurred, he shall be
entered against the landlord pursuant to this section. entitled to recover $100.00 in damages.
(Prior code 193.1-17; Added Coun. J. 9-8-86, p.
33771; Amend Coun. J. 11-6-91, p. 7196; Amend
Coun. J. 5-14-97, p. 45166; Amend Coun. J. 10-1-
03, p. 9163, 4.13; Amend Coun. J. 11-19-08, p.
47220, Art. VIII, 1; Amend Coun. J. 11-17-10, p.
106597, Art. IX, 5; Amend Coun. J. 11-26-13, p.
67481, Art. I, 16)

5-12-180 Attorney's fees.

Except in cases of forcible entry and detainer
actions, the prevailing plaintiff in any action arising
out of a landlord's or tenant's application of the
rights or remedies made available in this ordinance
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 ordinance.
(Added Coun. J. 11-6-91, p. 7196)

5-12-190 Rights and remedies under other

laws.
To the extent that this chapter provides no right or
remedy in a circumstance, the rights and remedies
available to landlords and tenants under the laws of
the State of Illinois or other local ordinance shall
remain applicable.
(Prior code 193.1-18; Added Coun. J. 9-8-86, p.
33771; Amend Coun. J. 11-6-91, p. 7196)

5-12-200 Severability.
If any provision, clause, sentence, paragraph,
section, or part of this chapter or application thereof
to any person or circumstance, shall for any reason
be adjudged by a court of competent jurisdiction to
be unconstitutional or invalid, said judgment shall
not affect, impair or invalidate the remainder of this
chapter and the application of such provision to
other persons or circumstances, but shall be
confined in its operation to the provision, clause,
sentence, paragraph, section, or part thereof directly
involved in the controversy in which such judgment
shall have been rendered and to the person and
circumstances affected thereby.
(Prior code 193.1-19; Added Coun. J. 9-8-86, p.
33771; Amend Coun. J. 11-6-91, p. 7196)