Repairs in an Occupied Chicago Building: Plan Around Tenants

Repairs in a tenant occupied building in Chicago come down to four things: access, safety, noise and dust, and a written plan everyone can read. The work itself is the same as in an empty building. What changes is that someone's kitchen is behind the brick, someone's back door is the porch you are about to close, and someone has to be told. We are contractors, not attorneys, so this page covers the building and the job. For what a lease or the law requires you to tell tenants, and when, ask an attorney.

Where do you start when the building is occupied?

Start with the scope, then the schedule, then the people. Before anyone is notified, you should know what the work is, which units or shared spaces it touches, and what the contractor needs from the tenants (a window, a door, the yard, a day at home).

Then put it in writing for the tenants in plain language: what is happening, the days the crew expects to be there, what will be loud, what will be blocked, who to call. Use the dates your contractor actually commits to, and update them if they move. We do not promise a timeline for any job here, because weather, permits and what the wall turns out to hide all move it, and you should not promise one to your tenants either.

Notice requirements, entry rights and anything about tenants leaving during work are legal questions that depend on the lease and on the situation. Do not guess. Ask an attorney, then make the written plan match.

How do you handle access?

Plan for the crew to get in, and for tenants to get out. Three points:

• Interior access. Some repairs need to be seen or reached from inside, such as a leak below a roof or a window and lintel opening. Agree on days and times, and tell the contractor who has the keys and who will be home.
• When a tenant does not let anyone in. The City's own process shows the problem is real. When an inspector cannot get in, the Department of Buildings (DOB) may leave a notice, return later, issue exterior violations, or close the complaint, and if a tenant or owner will not allow entry DOB is obligated to get a court order (City of Chicago). The hearing rules list, among the defenses in a building case, that occupants caused the violation despite reasonable owner efforts, or refused the owner entry to fix it (City of Chicago). That is why you document your requests. Whether it helps in your case is a question for an attorney.
• Exterior work. Brick, roof, parapet and porch work is mostly outside, but it still moves people around. Think through the front door, back door, gangway and yard.

What changes by type of repair?

Brick and tuckpointing. Grinding out old mortar throws silica dust. Federal rules require tuckpointing grinders with a shroud and dust collection, and respirators for the crew (OSHA). On a building built before 1978, anyone paid to disturb painted surfaces must be EPA lead-safe certified and use certified renovators (EPA). The City's page also notes that lead-safe work practices, asbestos notification and dust control apply even where a permit is not required (City of Chicago). Ask your contractor how they will keep dust out of open windows, and tell tenants to close them on those days.

Porches and stairs. These are where tenants walk. A rear porch is often how people reach the yard or alley, and in many buildings it is a second way out. Before a stair or porch is closed or rebuilt, ask the contractor and the Department of Buildings what that does to egress. Repairs that remove or change a required exit do not fall under the City's no-permit repair exemption (City of Chicago). Our porch rebuild guide covers the process.

Roofs. A flat roof job can be done with tenants home, but the weather plan matters more than the schedule: what gets covered tonight if rain is coming? The City says a permit is required for any work on low-slope roofs, even on residential buildings up to four stories (City of Chicago). Confirm current rules with DOB.

Scaffolding, dumpsters and materials. Anything on the sidewalk, street, alley or parkway uses the public way and needs its own permit from the Chicago Department of Transportation (City of Chicago). Scaffolding also blocks windows and entries, so tell the tenants whose windows it will cross.

What if the repair cannot wait?

Some repairs do not wait for a schedule. For work that normally needs a permit, the City allows emergency work to be done first if it is needed to prevent imminent harm. A permit application must be submitted the next business day, work may not be concealed without inspector approval, and emergency scaffolding needs an application within three business days (City of Chicago). Confirm the current rules with DOB, and keep photos. For who to call first, see emergency repair in a rental building.

What goes in the contract?

For a one-to-six unit residence, the Illinois Home Repair and Remodeling Act applies to work such as porches, chimneys, roofs and windows (State of Illinois). Over $1,000, the contractor must give you a written contract or work order stating the total cost, the materials, and the business name and address (State of Illinois), plus the consumer rights pamphlet (State of Illinois). Beyond that, put the occupied-building terms in writing too:

• Working hours and days, and how changes to the schedule are communicated.
• Who handles tenant access, and how much notice the contractor needs.
• Dust, debris and daily cleanup, and how windows, doors and the gangway are protected.
• What happens to a porch or stair that is closed, and what the alternative route is.
• Weather protection for any open roof.
• Permits: who pulls them, and where the permit number is posted. Check the contractor's license on DOB's license lookup.

For the full exterior picture, see our landlord and buyer guide, and for what the City expects of the building itself, Chicago landlord laws that reach the building. If you have a repair to plan around tenants, our violation and repair team will walk it with you.

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.