The eviction process in Chicago is complex, highly regulated, and favorably structured toward tenants. A single misstep—whether it’s improper notice, failure to comply with the Chicago Residential Landlord Tenant Ordinance (RLTO), or attempting an illegal eviction—can delay your case, cost you thousands, or even get your case dismissed altogether.

Many landlords assume they can handle evictions on their own, but without following the correct legal procedures, they often find themselves trapped in months of litigation or facing tenant lawsuits. If you’re a landlord in Chicago, avoiding these five common mistakes is essential to protecting your investment, saving time, and ensuring a smooth eviction process.

1. Ignoring the Chicago Residential Landlord Tenant Ordinance (RLTO)

What’s the Mistake?

Many landlords don’t realize that Chicago has some of the strongest tenant protections in the country. The Chicago Residential Landlord Tenant Ordinance (RLTO) establishes strict rules for security deposits, lease agreements, eviction procedures, and habitability requirements.

Landlords who fail to comply with RLTO regulations—even unintentionally—can face:

  • Penalties of two times the security deposit plus attorney’s fees for mishandling security deposits.
  • Case dismissals if eviction notices don’t comply with legal requirements.
  • Tenant countersuits for landlord retaliation or unlawful lease terms.

📌 Example: If you fail to provide tenants with an RLTO summary at the beginning of their lease, they may use this as a defense in eviction court—delaying your case or invalidating your claim.

How to Avoid This Mistake

✔ Ensure all lease agreements comply with RLTO guidelines.
✔ Provide tenants with the required RLTO disclosure when signing a lease.
✔ Consult with a landlord-tenant attorney before filing an eviction case.

2. Maltreating Security Deposits

What’s the Mistake?

Chicago law strictly regulates how landlords must handle security deposits. Many landlords violate these laws without even realizing it, which can result in significant financial penalties.

Common mistakes include:

  • Not placing the deposit in a separate, interest-bearing account.
  • Failing to provide a receipt and disclosure about the bank location.
  • Not returning the deposit within 45 days of lease termination.
  • Making deductions without providing an itemized list of damages.

📌 Example: If you withhold part of the security deposit for repairs but fail to provide an itemized list of deductions within 30 days, your tenant could sue for double the amount of the security deposit—plus legal fees.

How to Avoid This Mistake

✔ Deposit all security funds in a legally compliant account and provide tenants with a written receipt.
✔ Follow all legal deadlines for deposit returns and deductions.
✔ Keep detailed records of property conditions, receipts, and repair costs.

3. Failing to Provide Proper Eviction Notice

What’s the Mistake?

Chicago law requires landlords to serve tenants with the correct type of eviction notice before filing an eviction case. An incorrect or improperly served notice can result in a case dismissal—forcing landlords to start the process over.

Common eviction notices include:

  • 5-Day Notice – Used for nonpayment of rent. The tenant must pay within 5 days or vacate.
  • 10-Day Notice – Issued for lease violations (e.g., unauthorized occupants, property damage, illegal activity).
  • 30-Day Notice – Required for month-to-month lease terminations.

If a landlord fails to serve proper notice, the eviction case cannot proceed, and the tenant may be allowed to stay rent-free until a proper notice is issued.

📌 Example: A landlord issues a 5-day notice but doesn’t properly serve it according to Illinois law (e.g., it was left in the mailbox instead of hand-delivered or posted on the door). In court, the tenant challenges the validity of the notice, and the judge dismisses the case—forcing the landlord to start over and lose another month of rent.

How to Avoid This Mistake

✔ Use the correct notice type based on the eviction reason.
✔ Serve the notice properly—it must be hand-delivered or posted in a visible location.
✔ Keep proof of service (e.g., an affidavit or timestamped photo).

4. Attempting an Illegal “Self-Help” Eviction

What’s the Mistake?

Some landlords try to force tenants out illegally by:
🚫 Changing the locks
🚫 Turning off utilities
🚫 Removing the tenant’s belongings

These actions are illegal in Illinois and can result in tenant lawsuits, financial penalties, and criminal charges.

📌 Example: A landlord shuts off the tenant’s electricity to force them to leave. The tenant hires a lawyer and sues for damages, winning triple the rent amount in court—costing the landlord thousands.

How to Avoid This Mistake

✔ Always follow the formal eviction process—do not attempt self-help evictions.
✔ File a Forcible Entry and Detainer action with the Cook County Circuit Court.
✔ Work with an eviction attorney to ensure full compliance with the law.

5. Delaying the Eviction Process

What’s the Mistake?

Many landlords wait too long before starting the eviction process, leading to lost rental income, property damage, and legal complications.

  • Delaying eviction for nonpayment of rent allows tenants to live rent-free for months.
  • Waiting to address lease violations (e.g., illegal subletting, nuisance complaints) can make the problem worse.
  • Filing eviction paperwork incorrectly can result in delays and case dismissals.

📌 Example: A landlord allows a tenant to stay despite nonpayment, hoping they will eventually pay. Six months later, the tenant still hasn’t paid, and the landlord has lost thousands in rental income—plus legal fees for eviction.

How to Avoid This Mistake

✔ Take immediate action when rent is late—issue a 5-day notice promptly.
✔ Document all lease violations and serve proper legal notices.
✔ Consult an eviction attorney early to avoid costly mistakes.

The eviction process in Chicago heavily favors tenants, and landlords who make legal mistakes risk losing their case, delaying evictions, or even facing financial penalties. By understanding the RLTO, serving proper notices, and following Illinois eviction laws, you can protect your investment and remove problem tenants legally and efficiently.

Disclaimer: The information provided in this blog is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship between you and Tenants Rights Group LLC. Laws and regulations change frequently, and the information contained herein may not reflect the most current legal developments. If you need legal advice regarding your specific situation, please consult a licensed attorney.

Need legal assistance? Our experienced attorneys at Tenants Rights Group LLC are here to help. Call us at (312) 619-9603 or schedule a consultation today.