Q. My sister and I have been renting an apartment together. She is moving out and has found a replacement roommate. My landlord said that the new roommate will be required to pay a $50 application fee as well as a $250 move-in fee. We are not looking to change our original lease. My sister is fine with her name remaining on the lease despite her move. Do these charges violate the sublease code? It's my understanding we are covered by the Chicago Residential Landlord and Tenant Ordinance.

A. Charging to permit a replacement or sublet tenant is contrary to the language of the Chicago tenants' rights ordinance, which disallows assessment of additional fees or charges for sublets.

What is covered by the "move-in fee"? Does management provide carry-up and unpacking services along with pizza and beer? Is the mailbox name tag gold-plated? Is this a "just in case" damage is done on the way in charge?

Any replacement tenant should be approved by the landlord, provided she meets the same qualifying criteria imposed on the current tenants. The ordinance requires the landlord's written approval for the substitute, not a change to the lease. Under the Chicago version of subleasing, the old tenant remains responsible for defaulted rents and damages, and the new tenant pays rent to the landlord.

On first impression, the $250 "move-in fee" seems to be a way to sneak around the prohibited lease change fee or is imposing a penalty. Since the landlord already holds a security deposit if one is specified in the lease, it cannot charge an extra deposit without breaking the lease or the ordinance. If there was no original deposit, the landlord cannot add one after the fact.

Approval of the sub-tenant typically requires passing a credit check. One way to satisfy the need to know by the landlord and avoid prohibited assessment of fees and charges is for the tenant to independently obtain a credit check.

If the landlord insists on these fees, it is tantamount to unreasonably refusing to allow the sublet. If these fees are written in the lease, the tenant can demand the actual money damages she sustained, or an amount equal to two months rent, whichever is greater. If the fee provision is not in the lease, it might be up to a court to decide whether moving without a replacement would get you off the hook for the rent. Speak to a tenant's rights lawyer.

Send questions to: Ed Sacks, Apartment Watch, Homelife, Chicago Sun-Times, 350 N. Orleans, Chicago, IL 60654.