Rent Increase Facts | Answer |
Reason Needed? | No |
Maximum Amount | None |
Required Notice | No Statute |
Does Illinois Have Rent Control Laws?
Illinois does not have rent control laws limiting the amount that landlords may ask for rent. State law prohibits local governments from establishing rent control laws.
When Can a Landlord Raise Rent in Illinois?
Landlords in Illinois can raise the rent at any time, as long as they comply with the following:
- Give the tenant reasonable notice
- Aren’t raising rent for discriminatory reasons
- Wait until the end of the lease term (unless otherwise specified in the lease)
Although Illinois landlords always must act in good faith, the state law is silent on landlord retaliation. Some local laws do specifically prevent landlords from raising rent in retaliation, for example, in Chicago.
When Can’t a Landlord Raise Rent in Illinois?
Landlords in Illinois may not raise the rent if:
- It is during the middle of a lease’s fixed term (unless stated otherwise in the lease agreement)
- The increase is applied in a way that discriminates against one of the protected classes specified in the Fair Housing Act
- The increase is applied in a way that violates the Illinois Human Rights Act, by discriminating against a tenant’s age, military status, arrest record, pregnancy, history of domestic violence, or source of income
In some cities in Illinois, local law specifically prevents landlords from increasing rent in retaliation. For example, in Chicago, the law assumes a rent increase is retaliatory if it occurs within one year of certain protected tenant actions:
- Filing a complaint with the appropriate agency regarding the health or safety of the property
- Seeking the assistance of a community organization or news media to remedy a violation
- Joining or organizing a tenants’ group or union
- Testifying in court regarding the premises
- Exercising any legal right or remedy
- Requesting repairs
Although most states have laws protecting tenants from rent increases due to retaliation, Illinois retaliation law currently only covers evictions and lease renewals.
How Often Can Rent Be Increased in Illinois?
Landlords in Illinois can increase rent as often as they wish, as long as sufficient notice is provided each time.
How Much Notice is Needed to Raise Rent in Illinois?
Unlike most other states, Illinois law does not require a specific notice period before raising rent, but cities may enact their own notice requirements.
For example, in Chicago, unless the rental unit is exempt, landlords that intend to increase rent are required to give tenants written advance notice before the end of the lease term, as follows:
- 30-day notice for lease terms shorter than six months
- 60-day notice for lease terms between six months to three years
- 120-day notice for lease terms longer than three years
How Much Can a Landlord Raise Rent in Illinois?
Illinois landlords can raise rent by any amount that they wish. There is no legal limit or cap on the amount of a rent increase.
Sources
- 1 50 ILCS 825/5(a)
-
A unit of local government, as defined in Section 1 of Article VII of the Illinois Constitution, shall not enact, maintain, or enforce an ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential or commercial property.
Source Link - 2 Chicago Mun. Code § 5-12-150
-
…A landlord may not knowingly terminate a tenancy, increase rent, decrease services, bring or threaten to bring a lawsuit against a tenant for possession or refuse to renew a lease or tenancy because the tenant has in good faith:
(a) Complained of code violations applicable to the premises to a competent governmental agency, elected representative or public official charged with responsibility for enforcement of a building, housing, health or similar code; or
(b) Complained of a building, housing, health or similar code violation or an illegal landlord practice to a community organization or the news media; or
(c) Sought the assistance of a community organization or the news media to remedy a code violation or illegal landlord practice; or
(d) Requested the landlord to make repairs to the premises as required by a building code, health ordinance, other regulation, or the residential rental agreement; or
(e) Becomes a member of a tenant’s union or similar organization; or
(f) Testified in any court or administrative proceeding concerning the condition of the premises; or
(g) Exercised any right or remedy provided by law.
Source Link - 3 Chicago Mun. Code § 5-12-130(h)
-
Provided that the landlord has not terminated the rental agreement under Section 5-12-130(a), (b), or (d), or that the dwelling unit has not been deemed abandoned under Section 5-12-130(e) hereof, the following notice requirements shall apply:
(1) For any residential tenancy of less than six months, the landlord shall notify the tenant in writing at least 30 days prior to the stated termination date…
(2) For any residential tenancy of six months to three years, the landlord shall notify the tenant in writing at least 60 days prior to the stated termination date…
(3) For any residential tenancy greater than three years, the landlord shall notify the tenant in writing at least 120 days prior to the stated termination date…
Source Link