Chicago Landlord Laws That Reach the Building Itself

Chicago landlord laws split into two worlds. One is the landlord and tenant relationship: leases, deposits, notices, tenant remedies. The other is the building: what the City requires of the structure, how it enforces that, and what repairs need before and during the work. This page covers the second world only. We are a contractor, not a law firm, and we do not state tenant law here. For leases, notices, entry rights and anything involving tenants' legal remedies, ask a Chicago landlord and tenant attorney.

What does the City require of the building itself?

Under Title 14X of the Chicago construction codes, existing buildings must be maintained: "The exterior of a structure must be maintained in good repair, structurally sound, and sanitary." The same section lists conditions treated as unsafe, including masonry joints that are not weather resistant or water tight, veneer, cornices, belt courses, corbels, trim and facings that are not properly anchored, and exterior stairs, decks, porches and balconies, with guards and handrails, that are not structurally sound or properly anchored (City of Chicago).

Porches get their own sentence: exterior stairways, decks, porches and balconies "must be maintained structurally sound, in good repair, properly anchored, and capable of supporting the imposed loads" (City of Chicago). Code text changes, so confirm the current wording with the Department of Buildings (DOB).

Notice what the rules do not do. They do not wait for a tenant to ask. They describe the condition of the building. See our list of common code violations for how these rules turn up in real notices.

How does the City find out about a building problem?

Mostly through 311. DOB inspections of occupied buildings are largely complaint driven. DOB supervisors review 311 complaints each business morning, and the inspector who comes out verifies the complaint and also checks smoke and carbon monoxide detectors and means of egress, including exterior stairs and porches (City of Chicago). 311 takes reports on porch safety, construction without a permit, general safety and vacant or abandoned buildings (City of Chicago).

If an inspector cannot get in, DOB may leave a notice, come back, issue exterior violations, or close the complaint if it is unfounded. If a tenant or owner will not allow entry, DOB is obligated to get a court order (City of Chicago). We cover that in can a City inspector walk into your building.

What happens once the City cites the building?

A DOB supervisor sets the enforcement level. A "20 notice" is a maintenance violation (a warning notice). A "50 notice" is life safety but not dangerous, and goes to the Department of Administrative Hearings. An "80 notice" is life safety, dangerous and hazardous, and goes to the Circuit Court of Cook County (City of Chicago).

Two things owners tend to miss:

• The case follows the title. In Administrative Hearings, the title typically names only the legal title holder and others in control of the property (City of Chicago).
• The hearing has defenses, and a clock. The defenses listed in the hearing rules include that the violation did not exist at inspection, that it was fixed or removed by the hearing, that occupants caused it despite reasonable owner efforts, or that an occupant refused the owner entry to fix it (City of Chicago). Whether one fits your case is an attorney's call.

What do repairs need before they start?

Most of what a landlord needs to fix on the exterior needs a permit, a licensed contractor, or both.

• A permit. A building permit is required before beginning most construction, demolition, rehabilitation and repair work. A limited range of site work, nonstructural repairs and minor alterations is exempt, and exempt work must still comply with all construction codes (City of Chicago). Specific permit rules for tuckpointing, porches and roofs are in our permit articles and in the building violations guide.
• A licensed general contractor. A Chicago general contractor license is required for most building construction, alteration, repair and demolition work, including work that is exempt from a building permit (City of Chicago). Trade licenses cover masonry, roofing and others. Check any license before you sign.
• A written contract. Under the Illinois Home Repair and Remodeling Act, work over $1,000 requires a written contract or work order stating the total cost and the business name and address (State of Illinois).

What should a landlord do first when a notice arrives?

Read the notice for what it alleges, the date and the hearing instructions. Then take four steps in order:

1. Do not let the date pass. A missed hearing becomes a default. Put the date in your calendar the day the notice arrives.
2. Get eyes on the condition. Have a contractor look at what the notice describes, so you know whether it is a patch or a rebuild.
3. Talk to an attorney about the case. The legal questions (defenses, liability, tenants) are theirs.
4. Fix it, with a permit, and keep proof. Photos before and after, the permit, and the contractor's license go in one folder. For how the process works from there, see our building violations guide.

What does this look like in practice?

If tenants are in the building during the work, see how to plan repairs in an occupied building. If the question is a porch, see porch collapse liability for Chicago owners. For the whole exterior, our landlord and buyer guide is the place to start, and our violation team handles the repair and the paperwork with the City.

Common questions

This article explains general rules and common situations in Chicago. It is not legal advice, and City rules change. For a specific property, check with the Chicago Department of Buildings or a licensed professional.