Renting in Oak Park

Of Oak Park's approximately 26,000 residential addresses, about half are in multifamily buildings. And a significant number of the multifamily units are rented.

The Community Relations Department works with tenants and multi-family property owners and managers regarding a wide range of housing-related issues. While the Village cannot act as legal counsel for a private citizen, staff will provide helpful guidelines and resources.

Below are some of the most frequently asked questions and answers.

Do all leases have to be written?

Yes. A written lease is required for all apartments in buildings of four or more units. Both tenants and landlords benefit from a written lease because it is proof of the specific agreement and it makes clear the duties of each.

How many people may occupy an apartment?

Village code sets the maximum number of people who may occupy each dwelling unit based on the size of the apartment. The lease is required to state the maximum number of occupants for the dwelling unit.

After the tenant moves into the apartment can the landlord change the amount of rent?

This depends upon the lease. A change in the rent during the term of the lease can occur only if stated in the lease.

What are the landlord’s responsibilities?

The landlord has a duty to keep the apartment and building in suitable living condition. The landlord also must follow through with the items agreed to in the lease, including making all necessary repairs to fulfill the lease requirements.

What are the tenant’s responsibilities?

The tenant is required to fulfill any obligations set forth in the lease by the landlord. This includes paying rent on time, keeping the unit in a clean and sanitary condition, taking responsibility for their actions – and the actions of any guests – and not disturbing neighbors. In addition, the tenant — or their guests — should not intentionally damage the apartment in any way.

If the landlord has fulfilled all obligations under the lease, can the tenant terminate the lease early?

Unless the lease provides otherwise, the lease can only be terminated early by agreement with the landlord.

Can the tenant sublet the apartment to a new tenant during the term of the lease?

Yes. If the tenant wants to move out early and has arranged to sublet the apartment to a suitable tenant, the landlord must accept a suitable subtenant without charging additional fees unless the fees are clearly stated in the lease. However, the original tenant remains liable to the landlord for the rent if the subtenant does not pay it.

If the tenant moves out early, what rent payments is the tenant responsible to pay?

If the tenant moves out before the lease ends, the landlord can charge the tenant for the rent due to the end of the lease minus the rent the landlord receives from a new tenant and the costs to rent the apartment, such as advertising. The landlord has a duty to try to rent the apartment to another tenant. If the landlord can only rent the apartment for less than the original rent, the original tenant can be held responsible for paying the difference between the amount the new tenant pays and the prior rent to the end of the lease.

Must a landlord charge a security deposit in Oak Park?

Yes. The landlord must receive at least one month’s rent as a security deposit in Oak Park.

Does the landlord owe the tenant interest on the security deposit?

If the apartment is in a building with four or more apartments, interest is owed by the landlord on a deposit held for more than six months.

How much is the interest on security deposits?

The amount of interest due on security deposits is set as the passbook savings rate paid by the largest Illinois bank as of each December 31 of each year. Call the Community Relations Department at 708.358.5407 for the current rate.

Can a tenant use a security deposit as the last month’s rent?

No. A tenant may not use a security deposit as the last month’s rent without an agreement with the landlord.

How long after the tenant moves out before the landlord must return the deposit?

After the tenant moves out, the landlord has 45 days to return the security deposit plus any interest owed, minus deductions for any rent or charges due, and repairs for damages to the apartment. If the landlord sends an estimate of repair charges within 30 days after the tenant has moved out of the apartment, the time to return the security deposit may be extended to 60 days.

What is cause for eviction?

A tenant can be evicted for not paying rent, damaging the apartment, disturbing neighbors, violating the lease in some other way or when the lease expires

What if the tenant does not pay the rent?

The landlord may be able to evict the tenant for not paying the rent. The landlord must give the tenant a written five-day notice stating the amount of rent due. If the tenant does not pay the rent due within the five days after receipt of the notice, the landlord can file a court case for eviction.

Does the landlord have to keep an apartment at a certain temperature in the winter?

Yes. The apartment must be kept at least 70 degrees (Fahrenheit) from 6:30 a.m. to 11 p.m. and at least 65 degrees (Fahrenheit) from 11 p.m. to 6:30 a.m

Must the landlord exterminate for insects and rodents?

Yes. The landlord is required to exterminate to prevent rats, mice, insects and pests in the building.

If a tenant or landlord has a question, who should they contact?

That depends on the question. But a good place to start is with the Community Relations Department. Call 708.358.5407 or e-mail community@oak-park.us.

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Renting in Oak Park

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