An Illinois rental agreement is a legal contract between a landlord overseeing a rental property and a tenant who wishes to use it. Illinois landlord-tenant law governs and regulates these agreements.
Illinois Rental Agreement Types
An Illinois roommate agreement is a legal contract between two or more people (“co-tenants”) who share a rental property according to rules they set, including for things like splitting the rent. This agreement binds the co-tenants living together, and doesn’t include the landlord.
Common Residential Rental Agreements in Illinois
- Illinois (City of Evanston) Model Lease Agreement – This form is specific to residential rental property in the City of Evanston. It outlines the Evanston Residential Landlord and Tenant Ordinances as well as Illinois state law. This model lease is written with an easy-to-read approach and extensive rules and procedures regarding issues like habitability and tenant obligations.
- University of Chicago Model Lease Agreement – This agreement, written by the University of Chicago, applies to basic residential purposes. It covers essential terms and conditions, as well as some less common ones like waterbeds.
Illinois Required Residential Lease Disclosures
- Radon Hazard Disclosure (required for all leases) – Illinois landlords must provide all new tenants with a state-approved pamphlet warning about the dangers of radon exposure, plus copies of any records or reports which might indicate a radon hazard on the premises.
- Carbon Monoxide (required for some leases) – Illinois landlords must provide information regarding a property’s carbon monoxide alarm testing and maintenance, in compliance with the Carbon Monoxide Detector Act.
- Smoke Detector (required for all leases) – Illinois landlords must provide information regarding a property’s smoke detector testing and maintenance, in compliance with the Smoke Detector Act.
- Concession Granted (required for some leases) – Illinois landlords must disclose in the written lease any concession for rent that is granted by the landlord.
- Shared Utility Arrangements (required for some leases) – Illinois properties without individual utility metering must include a breakdown of shared utilities alongside copies of the bill, and terms for rent reduction (if applicable).
- Lead-Based Paint Disclosure (required for some leases) – For any property built before 1978, federal law requires that an Illinois residential lease must contain a lead-based paint disclosure with an EPA informational pamphlet, plus notice of any lead hazards on the property.
- Flood Zone Disclosure (required for some leases) – Illinois properties on a lower level, or which fall within a FEMA flood zone, require disclosure of the hazard before signing a lease. The law provides a sample disclosure which covers all required elements.
To learn more about required disclosures in Illinois, click here.
Illinois Landlord Tenant Laws
- Warranty of Habitability – Illinois landlords can only rent out habitable property, which means providing certain features essential to basic health and safety like heat, plumbing, electricity, and sound structural elements. Landlords must repair any issues within 14 days after proper notice from the tenant. Failure to repair lets a tenant repair and deduct from the rent, or report the landlord to housing authorities. Tenants can’t easily terminate their leases early or withhold rent.
- Evictions – Illinois landlords may evict for rent default, lease violations, or illegal acts, among other things. Before filing eviction, landlords must serve tenants with prior notice to pay or quit, depending on the eviction type. This means most evictions in Illinois take a matter of weeks. However, Illinois properties covered by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act are federally entitled to a minimum 30 days of advance notice before a landlord can file eviction for nonpayment of rent or fees, which can extend the eviction process.
- Security Deposits – Illinois does not set a maximum cap on the amount of a security deposit. Upon lease termination, a landlord has 30 days to return a security deposit, or 45 days to return any unused portion if making deductions.
- Lease Termination – Illinois allows tenants to terminate a month-to-month lease with 30 days of advance notice. A fixed-term lease can’t be terminated early without active military duty, landlord harassment, uninhabitable property, or domestic abuse.
- Rent Increases and Fees – Illinois landlords can raise rent by any amount, whenever they want, with no particular requirements for justification or advance notice. Late fees in Illinois must be “reasonable.” Returned check fees are capped at $30 or all costs incurred from collection (whichever is greater).
- Landlord Entry – Illinois landlords may enter rental property for purposes reasonably related to the tenancy, such as maintenance and inspections. The state does not specify entry requirements, which means that a landlord can enter at reasonable times of day using reasonable advance notice (customarily at least 24 hours), unless the lease agrees otherwise. Entry requirements are temporarily suspended in emergency situations.
- Settling Legal Disputes – Illinois allows its small claims courts to hear landlord-tenant disputes, as long as the amount in controversy is under $10,000.
To learn more about landlord tenant laws in Illinois, click here.
Sources
- 1 420 ILCS 46/26(a) & (b)
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(a) At the time of a prospective tenant’s application to lease a dwelling unit, before a lease is entered into, or at any time during the leasing period, upon request, the lessor shall provide the prospective tenant or tenant of a dwelling unit with:
(1) the Illinois Emergency Management Agency pamphlet entitled “Radon Guide for Tenants” or an equivalent pamphlet approved for use by the Illinois Emergency Management Agency;
(2) copies of any records or reports pertaining to radon concentrations within the dwelling unit that indicate a radon hazard to the tenant, as provided in subsection (c); and
(3) the Disclosure of Information on Radon Hazards to Tenants form, as set forth in subsection (f).
(b) At the commencement of the agreed leasing period, a tenant shall have 90 days to conduct his or her own radon test of the dwelling unit. If the tenant chooses to have a radon test performed, the tenant shall provide the lessor with copies of the results, including any records or reports pertaining to radon concentrations, within 10 days after receiving the results of the radon test. If the tenant’s radon test provides a result in excess of the Illinois Emergency Management Agency’s recommended Radon Action Level and the lessor has elected to not mitigated the radon hazard, the tenant may terminate the lease.
Source Link - 2 810 ILCS 5/3-806
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Any person who issues a check or other draft that is not honored upon presentment because the drawer does not have an account with the drawee, or because the drawer does not have sufficient funds in his account, or because the drawer does not have sufficient credit with the drawee, shall be liable in the amount of $25, or for all costs and expenses, including reasonable attorney’s fees, incurred by any person in connection with the collection of the amount for which the check or other draft was written, whichever is greater, and shall be liable for interest upon the amount of the check or other draft at the rate provided in subsection (1) of Section 4 of the Interest Act. Costs and expenses shall include reasonable costs and expenses incurred in the nonlitigated collection of the check or other draft.
A person who undertakes a nonlitigated collection against the person who issued a check or other draft that is not honored upon presentment shall make a written demand by certified mail, return receipt requested, delivered to the last known address of that person in order to become eligible for any costs and expenses in excess of $25. The written demand shall demand payment within 30 days of the mailing of the demand and shall include notice of liability for the costs and expenses.
A fee or charge not to exceed $4.50 may be assessed to any person or owner of a commercial checking account or other similar commercial account where a check or other draft that is deposited into the account is dishonored upon presentment because of insufficient funds or because the drawer does not have an account with the drawee; provided, however, that, the limitation on the fee or charge specified in this paragraph does not apply to any fee or charge assessed to any bank or other depository institution or to any non-commercial checking account or other similar non-commercial account.
Source Link - 3 765 ILCS 705/25
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(a) As used in this Section:
“Flood” and “flooding” mean a general or temporary condition of partial or complete inundation of a dwelling or property caused by:
(1) the overflow of inland or tidal waves;
(2) the unusual and rapid accumulation of runoff or surface waters from any established water source such as a river, stream, or drainage ditch; or
(3) rainfall.”Lower-level unit” means any garden level unit, basement level unit, or first floor level unit.
(b) Every landlord shall clearly disclose to each of the landlord’s tenants in writing prior to signing the lease for the rental property that a rental property is located in the Federal Emergency Management Agency (FEMA) Special Flood Hazard Area (“100-year floodplain”) and if the landlord has actual knowledge that the rental property or any portion of the parking areas of the real property containing the rental property has been subjected to flooding and the frequency of such flooding. Such disclosure shall also be included in the written lease or the written renewal lease and shall be signed by both parties.
(c) Every landlord who leases a lower-level unit shall clearly disclose to each of the landlord’s lower-level unit tenants in writing prior to the signing of the lease for the lower-level unit if the lower-level unit or any portion of the real property containing the lower-level unit has experienced flooding in the last 10 years and shall disclose the frequency of such flooding. Such disclosure shall also be included in the written lease or the written renewal lease and shall be signed by both parties.
(d) The written disclosure shall look substantially similar to the following:
“(Landlord) [ ] is or [ ] is not aware that the rental property is located in a FEMA Special Flood Hazard Area (“100-year floodplain”). The property has experienced flooding [ ] times in the last 10 years. Even if the rental property is not in a Special Flood Hazard Area (“100-year floodplain”), the dwelling may still be susceptible to flooding. The Federal Emergency Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by address, at no cost, to determine if a dwelling is located in a flood hazard area.
(Landlord) [ ] is or [ ] is not aware that the rental property you are renting has flooded at least once in the last 10 years. The rental property has flooded [ ] times in the last 10 years. Even if the dwelling has not flooded in the last 10 years, the dwelling may still be susceptible to flooding.
Most tenant insurance policies do not cover damage or loss incurred in a flood. You are encouraged to examine your policy to determine whether you are covered. If you are not, flood insurance may be available through FEMA’s National Flood Insurance Program to cover your personal property in the event of a flood. Information regarding flood risks can be found at the dnr.illinois.gov (Illinois Department of Natural Resources), fema.gov (FEMA), and ready.gov/flood (U.S. National public service).
Landlords are required to disclose the above information pursuant to Section 25 of the Landlord and Tenant Act. A landlord’s failure to comply with Section 25 of the Landlord and Tenant Act shall entitle the tenant to remedies as defined in that Section.
……………………..(Tenant Signature) (Date)
……………………..(Landlord Signature) (Date)”
(e) If a landlord fails to comply with subsection (b), and the tenant subsequently becomes aware that the property is located in the FEMA Special Flood Hazard Area (“100-year floodplain”) the tenant may terminate the lease by giving written notice of termination to the landlord no later than the 30th day after a tenant becomes aware of the landlord’s failure to comply with subsection (b), and the landlord shall return all rent and fees paid in advance no later than the 15th day after the tenant gave notice.
If a landlord fails to comply with subsection (b) or subsection (c) and flooding occurs that results in damage to the tenant’s personal property, affects the habitability of the leased property, or affects the tenant’s access to the leased property, the tenant may:
(1) terminate the lease by giving written notice tothe landlord no later than the 30th day after the flood occurred and the landlord shall return all rent and fees paid in advance no later than the 15th day after the tenant gave notice; and
(2) bring an action against the landlord of the property to recover damages for personal property lost or damaged as a result of flooding.
(e) Exemptions. This Section does not apply to farm leases, concession leases, and rental properties owned or managed by the Department of Natural Resources.
(f) This Section may not be interpreted to permit the renting, leasing, or subleasing of lower-level units in a municipality if the municipality does not permit the renting, leasing, or subleasing of such units.
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