Chicago City Council strengthens landlord notification requirements for lease terminations and non-renewals by passing “Fair Notice” ordinance

On July 22, 2020, the Chicago City Council passed the “Fair Notice” ordinance, strengthening tenant protections in cases where landlords seek to terminate or elect not to renew residential leases. 

The action follows the Council’s adoption last month of an ordinance providing short-term relief to residential tenants by establishing a moratorium on the issuance of any notice of termination of tenancy due to non-payment of rent extending for 60 days after the expiration of Executive and General Administrative Orders. 

The Fair Notice ordinance adopted on July 22 does the following:

• For tenants who have been in the unit for more than three years, the landlord must notify the tenant in writing at least 120 days prior to seeking to terminate a tenancy, not renew a lease or increase the rental rate; failure to provide the notification entitles the tenant to remain in the unit for up to 120 days after the date on which written notice is ultimately given.
• For tenants who have been in a unit between six months and three years, the landlord must notify the tenant in writing at least 60 days prior to seeking to terminate a tenancy, not renew a lease or increase the rental rate; failure to provide the notification entitles the tenant to remain in the unit for up to 90 days after the date on which the written notice is ultimately given.
• For tenants who have been in a unit less than six months, the landlord must notify the tenant in writing at least 30 days prior to seeking to terminate a tenancy, not renew a lease or increase the rental rate; failure to provide the notification entitles the tenant to remain in the unit for up to 60 days after the date on which the written notice is ultimately given.

The ordinance also allows tenants in owner-occupied buildings containing six units or fewer a one-time right prior to the issuance of any order of possession or eviction order to cure the non-payment of rent by paying the landlord unpaid rent from the date of the notice of termination to the date of payment, together with filing fees and court costs. 

For more information about this ordinance, contact any of the members of the Chicago Land Use Team at DLA Piper:

Richard F. Klawiter
Theodore J. Novak
Paul W. Shadle
Mariah F. DiGrino
Katie Jahnke Dale
Liz Butler
John Gholar