Chicago, Ill., Mun. Code ch. 5-12 § 5-12-140
Rental agreement (Chicago Residential Landlord and Tenant Ordinance (RLTO))
Operative Text
Except as otherwise specifically provided by this chapter, no rental agreement may provide that the landlord or tenant: (a) Agrees to waive or forego rights, remedies or obligations provided under this chapter; (b) Authorizes any person to confess judgment on a claim arising out of the rental agreement; (c) Agrees to the limitation of any liability of the landlord or tenant arising under law; (d) Agrees to waive any written termination of tenancy notice or manner of service thereof provided under state law or this chapter; (e) Agrees to waive the right of any party to a trial by jury; (f) Agrees that in the event of a lawsuit arising out of the tenancy the tenant will pay the landlord's attorney's fees except as provided for by court rules, statute, or ordinance; (g) Agrees that either party may cancel or terminate a rental agreement at a different time or within a shorter time period than the other party, unless such provision is disclosed in a separate written notice; (h) Agrees that a tenant shall pay a charge, fee or penalty in excess of $10.00 per month for the first $500.00 in monthly rent plus five percent per month for any amount in excess of $500.00 in monthly rent for the late payment of rent; (i) Agrees that, if a tenant pays rent before a specified date or within a specified time period in the month, the tenant shall receive a discount or reduction in the rental amount in excess of $10.00 per month for the first $500.00 in monthly rent plus five percent per month for any amount in excess of $500.00 in monthly rent. A provision prohibited by this section included in a rental agreement is unenforceable. The tenant may recover actual damages sustained by the tenant because of the enforcement of a prohibited provision. If the landlord attempts to enforce a provision in a rental agreement prohibited by this section the tenant may recover two months' rent. (Prior code § 193.1-14; Added Coun. J. 9-8-86, p. 33771; Corrected. 9-12-86, p. 33919; Amend Coun. J. 11-6-91, p. 7196)
Chicago, Ill., Mun. Code ch. 5-12 § 5-12-140 sets out a list of provisions that cannot lawfully appear in a residential rental agreement, including clauses that waive tenant or landlord rights under the ordinance, cap liability, strip jury-trial rights, or impose late fees above the ordinance's specified limits. Any such clause that does appear in a lease is void and unenforceable as a matter of law. When a landlord actually attempts to enforce one of these prohibited provisions, the tenant is entitled to recover two months' rent, plus any actual damages suffered.
Plain English — not legal advice.
Operators subject to Chicago, Ill., Mun. Code ch. 5-12 § 5-12-140 generally review their lease templates to ensure no clause purports to waive ordinance rights, confess judgment, limit statutory liability, strip jury-trial rights, or impose late fees exceeding the ordinance's formula (up to $10/month on the first $500 in rent, plus 5% per month on any amount above $500). Compliant operators also avoid asymmetric cancellation clauses unless a separate written disclosure accompanies the agreement. Because attempting to enforce a prohibited clause exposes the owner to a two-months'-rent penalty plus actual damages, periodic lease audits against the ordinance's requirements are a standard practice in the Chicago rental market.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Chicago, Ill., Mun. Code ch. 5-12 § 5-12-140, tenants have the right to treat any lease clause that falls within the ordinance's prohibited categories as legally void, meaning a landlord cannot rely on it in court or in practice. If a landlord actually tries to enforce such a clause, the ordinance provides a remedy of two months' rent plus any actual damages the tenant sustained. Tenants who believe a prohibited provision is being enforced against them may consider raising the violation as a defense in any related legal proceeding, filing a complaint with the Chicago Department of Housing, or reaching out to a local tenant-rights organization for general information about available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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