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 these agreements; rental terms must be within the limits allowed by law.
Illinois Rental Agreement Types
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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.
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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, is suitable for basic residential purposes. It covers basic terms and conditions, as well as some less common ones like waterbeds.
Illinois Required Residential Lease Disclosures
- Radon Hazard Disclosure (required for some leases) – Illinois rental property located below the third floor of a building with an unremediated radon hazard must include a lease disclosure to warn tenants about potential dangers associated with living on the property.
- 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.
To learn more about required disclosures in Illinois, click here.
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Some Illinois cities, like Chicago, have more comprehensive rules than the statewide standard. Always check local laws.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. This includes things 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 in Illinois 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.
- 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.” The state does not regulate returned check fees.
- 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.
