Under Illinois law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under 765 ILCS 705-750, such as the right to timely rent payments and a livable dwelling.
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: These rights cannot be waived regardless of what the rental agreement says.
Landlord Responsibilities in Illinois
Illinois has only a few explicit requirements for legal habitability, unlike most states. In general, landlords have a responsibility to make sure that units are “habitable and fit for living.” This usually means, at minimum, that rental property should not have any major violations of applicable housing codes.
In most cases, landlords must make requested repairs within 14 days. If they do not, then tenants may choose to repair and deduct from the rent, or report code violations to authorities for further action.
Renter’s Rights for Repairs in Illinois
Landlords are required to make necessary repairs in a timely manner. In Illinois, repairs must be made within 14 days after getting written notice from tenants.
If repairs aren’t made in a timely manner, Illinois tenants can make repairs and deduct from the rent, or sue the landlord for habitability violations.
Tenant Responsibilities in Illinois
Apart from paying rent on time, Illinois tenants must:
- Keep the unit clean and undamaged.
- Remove any hazards and keep the unit safe for occupancy.
- Perform minor repairs and maintenance.
- Not disturb other tenants or neighbors.
Evictions in Illinois
The most common reasons that Illinois landlords pursue eviction include:
- Nonpayment of Rent: If rent is late, landlords can issue a 5-Day Notice to Pay. If the tenant continues to not pay then the landlord can begin formal eviction proceedings.
- Violation of Lease Terms: If a lease violation occurs, then landlords may issue a 10-Day Notice to Cure or Vacate. If the issue is not remedied then the landlord may begin formal eviction proceedings.
- Lease Termination: If tenants holdover or stay in the rental unit after the rental term has expired, the landlord must give the tenants notice depending on the type of tenancy.
- Week-to-Week: 7-Day Notice to Quit.
- All Other Terms Except Year-to-Year: 30-Day Notice to Quit.
- Year-to-Year: 60-Day Notice to Quit.
- Foreclosure: For a rental property that is being foreclosed upon, the landlord must provide a 90-Day Notice to Quit.
- Illegal Acts: If a landlord has documentation of illegal activities taking place on the property, then they may issue a 5-Day Unconditional Notice to Quit.
Landlords are not permitted to evict tenants in retaliation or for discriminatory reasons.
Landlord Retaliation in Illinois
It’s illegal for Illinois landlords to retaliate by evicting or refusing lease renewal of tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Security Deposits in Illinois
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
- Maximum: None, except the maximum security deposit is one month’s rent if the rental unit is a mobile home.
- Inventory Requirement: Landlords are not required to document the condition of the rental unit at the start of the lease term in order to collect security deposits.
- Interest Requirement: Applies to landlords leasing 25+ units when the deposit is held longer than 6 months.
Local Laws: Cities and towns can enact their own rules. For example, some of these rules are different in Chicago.
Returns & Deductions: The following laws apply to the return of security deposits.
- Allowable Deductions: Unpaid rent, utilities, physical damage, costs due to a breach of the lease, charges mentioned in the lease, and other actual costs.
- Time Limit for Return: 30 days with deductions; 45 days without deductions.
- Max. Penalty for Late Return: Tenants can sue for twice the deposit plus the amount wrongfully withheld, court costs, and attorneys’ fees.
Lease Termination in Illinois
Notice Requirements: If a tenant wishes to break a lease, they must give the following amount of notice:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | 60 Days |
Early Termination: Illinois tenants may legally break a lease early for the following reasons:
- Early lease termination clause.
- Active military duty.
- Uninhabitable unit.
- Domestic violence.
Cost of Breaking a Lease in Illinois
If an Illinois tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Rent Increases in Illinois
Illinois does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because Illinois does not have rent control, landlords can raise the rent by any amount, as often as they choose, as long as they avoid discrimination and do not increase the rent during the lease term.
Illinois state law does not specify how much notice landlords must give before raising the rent. Landlords and tenants can agree on a minimum notice period for a rent increase in the lease agreement.
Housing Discrimination in Illinois
Protected Groups: The Fair Housing Act prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, or disability. These rules do not apply to some owner-occupied homes or homes operated by religious organizations. Illinois has extra provisions to protect individuals on the basis of their age, ancestry, sexual orientation, gender identity, marital status, military status, domestic violence history, or pregnancy.
Discriminatory Acts & Penalties: Actions that may be considered discriminatory in Illinois:
- Refusing to rent or buy.
- Offering 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 can be held liable to up to $21,039 or $16,000 respectively for their first violation.
Additional Landlord Tenant Regulations in Illinois
In addition to having laws that address general issues like repairs and security deposits, most states, including Illinois, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlord Right to Entry in Illinois
Illinois doesn’t have a statewide law describing a landlord’s access rights on rented property, although many cities (like Chicago) have ordinances that specifically lay out rules like required advance notice. In general, the landlord can only enter for purposes reasonably related to the lease, at reasonable times, with reasonable advance notice.
Rent Collection & Related Fees in Illinois
The following laws apply to the collection of rent and related fees:
- Grace Period: Landlords are not required to provide a grace period for the payment of rent before charging a late fee.
- Maximum Late Fee: No limit, except it must be reasonable.
- Rent Payment Methods: There is no state law governing which payment methods landlords may or may not accept for the payment of rent.
- Rent Receipt: Not required.
Small Claims Court in Illinois
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $10,000. Illinois Small Claims Court is a division of Circuit Court.
Mandatory Disclosures
Landlords are required to give the following mandatory disclosures before executing a lease:
- Lead-Based Paint: Landlords who own homes built after 1978 must provide information about concentrations of lead paint used in the building.
- Radon: Landlords are required to disclose if a radon hazard is found in or around the property. However, they are not required to test for radon.
- Shared Utility Arrangements: Landlords are required to discuss how the tenant’s share of the utility bill is calculated. The landlord must also provide copies of utility bills if the tenant requests.
Changing the Locks in Illinois
In counties with over 3 million people, Illinois landlords must change the locks after the conclusion of a lease. Landlords must also change locks when requested by a victim of domestic violence or sexual abuse. Landlords are prohibited from changing the locks as a form of “self help” eviction.
Local Laws in Illinois
Many cities in Illinois have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional landlord tenant regulations.
Chicago Landlord-Tenant Rights
Chicago has many specialized laws relating to housing. You can find a summary of these different rules and regulations here on the City of Chicago’s website.
Aurora Landlord-Tenant Rights
The City of Aurora includes a requirement that all landlords operating within the city limits include an addendum in their leases that requires disclosure of information relating to other local ordinances that regulate noise abatement and property maintenance. To read more about Aurora-specific policies, click here.
Naperville Landlord-Tenant Rights
The City of Naperville has extra legislation protecting tenants against discrimination based on military status and legal source of income, in addition to all other state protections. More information on these policies can be read here.
