Tenant's Notice of Lease Termination due to Fire or Casualty Damage
(Chicago, IL)

Summary

This tenant's notice of lease termination due to fire or casualty damage may be used by a tenant in Chicago to notify their landlord that, pursuant to Chicago's Residential Landlord and Tenant Ordinance (the RLTO), the tenant is terminating the lease because fire or casualty have damaged the premises and/or common areas. This template contains practical guidance and drafting notes. For a full listing of key content covering residential leasing agreements, see Residential Leasing Resource Kit. Under the RLTO, if a dwelling unit or common areas of the building are damaged by fire or casualty to the extent that they no longer comply with the rental agreement or with RLTO Sections 110 or 070, the tenant may immediately vacate the premises and send the landlord a written notice within 14 days of the date the tenant vacated stating that the rental agreement is terminated. Chicago Municipal Code § 5-12-110(g)(1). If the tenant does so, the rental agreement is terminated as of the date of the fire or casualty. Id. In the alternative, the tenant may continue to live in the rental unit (provided that continued occupancy is lawful despite the damages) and may reduce the rent in proportion to the reduction of the fair rental value of the dwelling unit by the fire or casualty. Chicago Municipal Code § 5-12-110(g)(2). However, the tenant may not exercise any of the fire or casualty remedies if the fire or casualty was caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family, or a person on the premises with the consent of the tenant. Chicago Municipal Code § 5-12-110(g). For further guidance see Chicago's Residential Landlord and Tenant Ordinance.