Last update:29. May 2023
Under Illinois law, landlords and tenants automatically have rights and obligations when a written or oral lease exists or payment is accepted as rent765 ILCS 705-750, such as the right to punctual rent payments and a habitable home.
Obligations of the landlord
Tenant's Obligations
evictions
bails
Termination of Lease
rent increases
discrimination
landlord entry
Note:These rights cannot be waiveddoesn't matterwhat is in the lease.
Questions?To chat with an Illinois landlord and tenant attorney,Click here
Illinois Landlord Responsibilities
Unlike most states, Illinois has few explicit legal habitability requirements. In general, landlords are responsible for ensuring that units are "habitable and livable." As a rule, this means at least that rental properties must not show any serious violations of applicable housing regulations.
In most cases, landlords must complete requested repairs within 14 days. If this is not the case, tenants can opt for a repair and deduct it from the rent, orReport Code violations to authoritiesfor further action.
Read more
Renter's Rights for Repairs in Illinois
Landlords are obliged to carry out necessary repairs in good time. In Illinois, repairs must be made within 14 days of written notice from renter.
If repairs are not made in a timely manner, Illinois renters can make repairs and deduct them from the rent or sue the landlord for habitability violations.
Read more
Tenant Obligations in Illinois
In addition to paying rent on time, Illinois renters are required to:
- Keep the device clean and undamaged.
- Remove all hazards and keep unit safe for stay.
- Carry out minor repairs and maintenance work.
- Do not disturb other tenants or neighbors.
Clearances in Illinois
Some of the most common reasons landlords in Illinois seek eviction include:
- Non-payment of rent:Landlords can issue a penalty for late renting5-day payment request.If the tenant still does not pay, the landlord can initiate formal eviction proceedings.
- Violation of the rental conditions:If there is a violation of the rental agreement, the landlord can impose a penalty10-day notice period.If the problem is not resolved, the landlord can initiate a formal eviction process.
- Rental termination:If tenants stay behind in the rental unit after the end of the rental period, the landlord must inform the tenants of this, depending on the type of tenancy.
- Week after week:7-day notice period.
- All other terms except Year-to-Year:30-Tage-NExit notice.
- Year for year:60-day notice period.
- Foreclosure:For a rental property to be foreclosed upon, the landlord must provide the following:90-day notice period.
- Illegal Acts:If a landlord has records of illegal activity on the property, they can issue one5-day unconditional notice period.
Landlords are not allowed to evict tenants in retaliation or on discriminatory grounds.
Read more
Illinois landlord retaliation
It is illegal for landlords in Illinois to retaliatedrive outorRefusal to extend the leaseRenters who have taken a protected measure such as B. Reporting a landlord to government authorities for health and safety violations.
Read more
Bails in Illinois
Collections & holdings: The following laws apply to the collection and storage of security deposits:
- Maximal:None, except that the maximum deposit is one month's rent if the rental unit is a mobile home.
- Inventaranforderung:Landlords are not required to document the condition of the rental unit at the beginning of the rental period in order to collect the deposit.
- Interest requirement:Applies to landlords leasing more than 25 units if deposit is withheld for more than 6 months.
Local Laws:Cities and municipalities can enact their own rules. Some of these rules are different in Chicago, for example.
Read more
Returns and Deductions: The following laws apply to the refund of security deposits.
- Permissible deductions:Unpaid rent, utilities, property damage, breach of contract charges, rental agreement charges and other actual charges.
- Deadline for return:30 days with deductions; 45 days without deductions.
- Max. Late Return Penalty:Tenants can demand double the security deposit plus the wrongly withheld amount, court costs and attorney's fees.
Read more
Lease termination in Illinois
Notice requirements:If a tenant wishes to terminate a rental agreement, he must comply with the following notice period:
| Frequency of rent payments | Note required |
|---|---|
| week after week | 7 Take |
| From month to month | 30 Take |
| Quarterly | no law |
| year for year | 60 Roofs |
Questions?To chat with an Illinois landlord and tenant attorney,Click here
Premature termination:Illinois renters may terminate a rental agreement early for the following reasons:
- Clause for early termination of the lease.
- Active military service.
- Uninhabitable unit.
- Domestic Violence.
Keep in mind that tenants who terminate their lease may be required to pay rent up to the end of the original term. Illinois landlords are required to re-let a unit within a reasonable time.
Read more
Rent increases in Illinois
Illinois does not have rent controls and state law prohibits cities and counties from enacting their own rent controls statutes.
Since Illinois does not have rent controls, landlords can increase rent as often as they like, as long as they avoid discrimination and do not increase the rent during the rental period.
Illinois law does not specify how long landlords must give notice before a rent increase. Landlords and tenants can agree on a minimum notice period for a rent increase in the rental agreement.
Read more
Housing Discrimination in Illinois
Protected Groups:The Fair Housing Act prohibits discrimination in housing based on race, color, national origin, religion, sex, marital status or disability. These rules do not apply to some homes or houses operated by religious organizations. Illinois has additional rules to protect individuals based on their age, ethnicity, sexual orientation, gender identity, marital status, military status, history of domestic violence, or pregnancy.
Discriminatory acts and penalties:Acts that may be considered discriminatory in Illinois:
- Refusal to rent or buy.
- Offer different terms, conditions, or privileges.
- coercion or harassment.
If landlords are found guilty of violating the Fair Housing Act or the Illinois Human Rights Act, they may be liable for up to $21,039 or $16,000, respectively, for the first violation.
Read more
Additional Rules for Illinois Landlords and Renters
In addition to the laws that regulate general issues like repairs and security deposits, most states, including Illinois, grant rights and responsibilities regarding things like lock changes and a landlord's right of entry. For more information, see the following topics.
Landlord's Right of Entry into Illinois
In Illinois, there is no state law governing a landlord's access rights to rental properties, although many cities (such as Chicago) have ordinances that specifically establish rules such as: B. the required advance notice. In general, the Lessor may only enter the Rental Property at a reasonable time and with reasonable advance notice for purposes reasonably related to the Rental Agreement.
Read more
Rent Collection and Related Fees in Illinois
The following laws apply to the collection of rent and related fees:
- Payment term:Landlords are not obliged to set a payment deadline for the rent before charging a late fee.
- Maximum Late Fee:No limitation unless it must be reasonable.
- Payment methods for rent:There is no state law that regulates which payment methods landlords can and cannot accept for paying rent.
- Mite infestation:Not required.
Illinois Small Claims Court
Most disputes between landlords and tenants are heard in the Small Claims Court. This is an informal process that is intended to be quicker and easier than higher courts. For example, disputes about the return of security deposits are usually heard before the small claims court.
Landlords and tenants can file a lawsuit in the Small Claims Court to resolve minor disputes without hiring an attorney if the amount claimed is less than $10,000. The Illinois Small Claims Court is a division of the Circuit Court.
Read more
Mandatory Disclosures
Landlords are obliged to provide the following mandatory information before concluding a rental agreement:
- Lead based paint:Landlords of houses built after 1978 are required to report the levels of lead paint used in the building.
- Radon:Landlords are required to disclose if a radon hazard is identified in or around the property. However, you are not required to test for radon.
- Joint Supply Agreements:Landlords are required to discuss how the tenant's share of the utility bill will be calculated. At the request of the tenant, the landlord must also provide copies of the utility bills.
Read more
Exchange of locks in Illinois
In counties with more than 3 million residents, Illinois landlords are required to change locks after completing a lease. Landlords are also required to change locks if requested by a victim of domestic violence or sexual abuse. Landlords are prohibited from changing locks as a form of "self-help" eviction.
Local Laws in Illinois
Many Illinois cities have their own landlord-tenant laws in addition to state requirements. Check with your local county and municipality for additional rules for landlords and renters.
Chicago landlord and tenant rights
Chicago has many specific housing laws. Here is a summary of these various rules and regulationsHereon the City of Chicago website.
Rights of landlords and tenants in Aurora
The City of Aurora requires all landlords operating within city limits to include an addendum in their leases requiring disclosure of information about other local ordinances governing noise abatement and property maintenance. To learn more about Aurora-specific policies, clickHere.
Landlord and tenant rights in Naperville
The City of Naperville has additional laws protecting renters from discrimination based on military status and legal income source in addition to all other state protections. More information about these policies can be found hereHere.
Questions?To chat with an Illinois landlord and tenant attorney,Click here
- Can a renter change locks in Illinois?
- Illinois renters may change their locks unless local law or the rental agreement provides otherwise. Tenants can also ask the landlord to change the lock (at their own expense) if they are victims of domestic violence or sexual abuse.Read more "
- What rights does a renter have in Illinois?
- Tenant rights in Illinois include the right to seek housing without discrimination and the right to habitable rental property. If a landlord violates these rights, the tenant usually also has the right to sue. Sometimes the tenant can also remedy the situation himself, for example by carrying out minor repairs and deducting the costs from the rent.Read more "
- Is Illinois a "landlord-friendly" state?
- Illinois is not considered a very landlord-friendly state, as many cities and counties have quite strict rules on landlord behavior. Renters in Illinois tend to have more influence than average.Read more "
- Can a landlord enter Illinois without a permit?
- Illinois landlords can generally gain entry without permission for purposes reasonably related to the lease. This may vary depending on local laws or the terms of the rental agreement. For example, in Chicago, consent is required for all landlord listings, except for inspections and emergencies.Read more "
FAQs
What a landlord Cannot do in Illinois? ›
Landlords cannot raise the rent or retaliate in any other way because a tenant complained about a building or health code violation. Landlords also cannot evict a tenant because the tenant asked them to make repairs, joined a tenants' organization, or acted on any legal right or remedy.
What new Illinois law changes requirements for all landlords concerning departing tenants? ›New Illinois law changes requirements for all landlords concerning departing tenants. Under a new Illinois law, all landlords across the state will be required to provide tenants with a written statement of damages within 30 days of their departure.
What rights do tenants have in Illinois? ›Illinois Tenant Rights and Responsibilities
It is against the law in Illinois to discriminate in all aspects of real estate transactions, including renting or leasing, based on your source of income. This includes non-employment income, such Housing Choice Vouchers (Section 8) or disability payments.
Landlords who discriminate, intimidate, or interfere with fair housing legislation and federal and/or state requirements can face several consequences including significant fines. First time violations of the Fair Housing Act carry a $16,000 civil penalty.
What is landlord harassment in Illinois? ›Landlord harassment is generally categorized as the ongoing use of aggressive tactics to intimidate the tenant. In other words, a landlord is either disrupting their right to quiet enjoyment or hostilely forcing the tenant to take some action.
What can I withhold rent for in Illinois? ›Tenants can legally withhold rent in Chicago
The rent withholding law provides some examples of a breach of the warranty, including: A failure to provide adequate heat or water. A failure to maintain floors and stairways. Rodent and bug infestations.
In Illinois, if there is no lease or if the lease does not specify a move out date, the Landlord must give at least 30 days of notice to a tenant that the landlord wants to move out. This notice must be in writing and must arrive to the tenant at least 30 days prior to their move out date.
How long can a landlord give you to move out in Illinois? ›Under the ordinance, landlords must provide: 60 days of notice to terminate your lease if you have lived in your apartment for more than six months but less than three years. 120 days of notice to terminate your lease if you have lived in your apartment for more than 3 years.
How many days does a landlord have to give you to move out in Illinois? ›In the case of at-will tenants, landlords must give a 30-day notice before the eviction process happens. If you want your very own lease agreement template for the state of Illinois, make sure to visit DoorLoop's Forms Page to download one. See our full guide on the eviction process and laws for Illinois.
What is the tenant abandonment law in Illinois? ›Illinois Landlords' Rights and Tenant Responsibilities
Abandoned Property – If a tenant abandons personal property after vacating the unit, the landlord must leave the property or store it for seven days. If the landlord deems the property valueless, they may dispose of it immediately.
What is the quiet enjoyment law in Illinois? ›
Every tenant is entitled to the covenant of quiet enjoyment. The landlord may not interfere with the tenant's quiet enjoyment, for example, by entering the premises without the tenant's permission or as provided in the parties' lease. Chapman v. Brokaw, 588 N.E.2d 462, 167 Ill.
What is considered uninhabitable in Illinois? ›Illinois case law has articulated what constitutes a violation of the warranty of habitability as “the defect must be of such substantial nature as to render the premises unsafe or unsanitary, and thus unfit for occupancy.” Glasoe v. Trinkle, 107 Ill.
Can a landlord kick me out Illinois? ›In Illinois, landlords cannot evict a tenant or force them to vacate the property without probable cause.
What makes a rental uninhabitable in Illinois? ›Rental units in Illinois must be"habitable and fit for living" and remain that way for the entirety of the lease. There can't be any problems with the facilities necessary for both a) the use of the dwelling for residential purposes and b) the life, health, and safety of the tenant.
How much notice does a landlord have to give to enter property in Illinois? ›Notices and Entry
A landlord must notify a tenant 24 hours in advance to entering a rental unit for repairs or property showings. (735 ILCS 5/9-102) However, if there is an emergency, a landlord is not required to give notice. In Chicago, a landlord must give a 48 hour notice of entry.
No less than 30 days prior to listing or otherwise offering a rental property for sale, the owner shall provide notice to the tenant association, or if no tenant association exists, to each tenant, and to the Department, of the owner's intent to sell.