Living Off Campus: Your Rights as a Tenant

As a college student, off-campus living comes with its own set of challenges and responsibilities. Understanding your rights, maintaining positive roommate relationships, and knowing how to address housing-related issues are essential for an enjoyable college experience. Student Legal Services (SLS) knows that housing challenges may distract students from staying focused on education and SLS is here to help. Sarah M. Baum, Director of SLS,  put together a crash course to navigate the world of tenant's rights.

Seeking Legal Advice
Rather than waiting for challenges to arise, Sarah recommends that students know when to seek legal advice:

• Before signing the lease
• When there are problems with the condition of the apartment
• Before withholding rent
• Before breaking your lease
• Before subleasing the apartment
• Upon receiving an eviction notice
• If the landlord doesn’t return the security deposit

Roommates
Students often cohabitate with their peers. Before identifying a location, students may be wondering if having roommates is right for them. Sarah recommends, “before moving in with someone, make sure they are a good fit academically, socially, and financially.” It can be helpful to write out a roommate agreement. Consider the following:

• How rent and utilities will be divided
• Whether roommates can have overnight guests
• Who pays late fees if the rent isn’t paid on time
• What happens with furnishings at the end of the lease

Setting expectations early provides a great path for maintaining a positive roommate relationship.

Scams
Sarah knows scams are a huge issue, especially for international students who may have to sign a lease without being able to visit apartments first. Be vigilant against rental scams, especially fraudulent property listings targeting college students. Scammers often pretend to be the owner of a property. They steal images from legitimate advertisements and post fake ads. They will ask for the first month’s rent and security deposit. Then, you never hear from them again! Consider these red flags as well:

• The “landlord” won’t allow a visit
• The “landlord” wants payment for a security deposit or rent before the application is approved or a lease is offered
• The “landlord” asks for payment in an unusual manner
• Ads with odd wording
• High-pressure tactics
• Price is too good to be true

When possible, visit the property before renting and watch out for red flags like unusual payment requests.

Residential Landlord and Tenant Ordinance
Chicago has a law called the Residential Landlord and Tenant Ordinance (RLTO), which is a significant source of tenant rights. The law applies to most apartments in Chicago. It does not apply to owner-occupied buildings with six units or fewer. If the apartment is covered by the RLTO, a summary should be attached to the lease.

Landlords are prohibited from discriminating against potential tenants. They cannot refuse to rent an apartment to someone based on their race, color, religion, national origin, ancestry, sex, marital status, or disability.

Sarah also recommended exploring more information about your rights here:

• Illinois Attorney General – Landlord and Tenant Rights and Laws
• Illinois State Bar Association – Your Guide to Landlord-Tenant Law

Signing a lease
A great first step before signing a lease is to familiarize yourself with your rights as a tenant. In Illinois, landlords must adhere to laws protecting tenant rights, ensuring a safe and fair rental experience. Make note of important details such as rent, security deposit, lease term, and utility payments and be aware of common pitfalls, such as joint liability and lease termination terms, and seek legal advice if needed to protect your rights. Promptly notify the landlord of any maintenance issues according to the terms in the lease agreement. Document all communications in writing to avoid misunderstandings.

Tip: Understand your privacy rights and landlord access limits. Landlords must respect tenants' peaceful possession of their units and provide reasonable notice before entering the premises.

Eviction
Nobody wants to be evicted. Should students find themselves in this predicament, Sarah explained, “Landlords must go through a process to evict a tenant. They cannot force someone out by changing the locks, turning off the utilities, or removing their personal property.”

The first step is to give the tenant a written notice stating the reason for the eviction. If the reason is nonpayment of rent, the landlord must allow five days to pay the rent. If the eviction is for violating the lease, the landlord must provide a 10-day notice.

The second step is to file an eviction case in court. The landlord is required to serve tenants with court papers, and they have the right to go to court and defend themselves. If the tenant loses their case, the judge will tell them when to move. If they don’t move, the Sheriff can physically evict them. The landlord cannot evict; only the Sheriff can.

Consult a lawyer immediately if a notice of termination of tenancy is provided.

Additional Advice 

• Consider renter's insurance to protect belongings against damage or theft
• Maintain organized documentation, including correspondence with landlords, to address any issues effectively
• Be a good neighbor and respect the community to foster a positive living environment.

Other Legal Resources

• CARPLS – Free legal advice and referrals to Chicago area residents
• Cook County Legal Aid for Housing and Debt – Free legal hotline for residents of Cook County who have housing and debt problems
• Rentervention – Virtual resources: send a letter to your landlord, learn about rights, and connect with volunteer attorneys and community resources
• Illinois Legal Aid Online – Learn about Illinois law and get free legal forms, referrals, and information on housing and other legal issues

Navigating off-campus housing can be challenging, but with the right knowledge and resources, students can ensure a smooth and enjoyable experience. From housing to employment, SLS offers confidential legal advice and assistance to UIC students who face more than just landlord/tenant disputes. Stay informed, communicate effectively, and seek assistance when needed to make the most out of your college living experience.