The Illinois rental agreements are contracts between the landlord of a real property and the tenant who wishes to use it. The tenant uses the commercial or residential property in exchange for regular rent payments. The agreements are governed by the Illinois landlord-tenant law, and cannot supersede state laws.
Illinois Rental Agreement Types
Illinois Required Lease Disclosures
- Radon Hazard Disclosure (required for some) – If a Illinois rental unit is located below the third floor of the building and the landlord has knowledge of a radon hazard, they must include this in a disclosure to warn tenants about potential dangers associated with living in the property, unless the property has been remediated to safe levels.
- Shared Utility Arrangements (required for some) – For Illinois properties without individual meters that charge for utilities, the breakdown of shared utilities must be included alongside copies of the bill and terms for rent reduction (if applicable) to ensure every party understands their share of the utility bill.
- Lead Based Paint Disclosure (required for some) – Every Illinois lease agreement for a property built before 1978 requires a lead based paint disclosure form and EPA-approved pamphlet regarding the dangers of lead paint in addition to any known hazards that exist in the rental building for the safety of tenants.
To learn more about required disclosures in Illinois, click here.
Illinois Landlord Tenant Laws
- Warranty of Habitability – Illinois does not require its landlords to provide any specific amenities to all tenants. Instead, the state requires landlords to provide any amenity that makes the space “habitable and fit for living.” If this standard degrades due to an amenity in poor repair, the Illinois landlord must perform the necessary repair within 14 days. If not, the effected tenant may deduct a sum of the repair cost from a following rent payment.
- Evictions – Throughout Illinois, a tenant can be evicted for failing to pay rent (5-day notice), violating their leasing terms (10-day notice), or committing an illegal act (5-day notice). In most cases, though, an eviction in Illinois takes longer than a couple weeks.
- Security Deposits – Illinois does not maintain a limit with regards to tenant security deposits. However, the state does require landlords to return any collected deposits within 30 days (no deductions) or 45 days (with deductions).
- Lease Termination – Terminating a month-to-month lease in Illinois requires 30 days of notice to be provided prior to moveout. To legally break a lease early otherwise, a tenant must apply for early termination on the grounds of active military duty, statutory uninhabitability, or domestic violence.
- Rent Increases & Fees – Illinois landlords are not required to justify their rent increases, nor are they limited when it comes to the value of these increases. However, they must usually provide 30 days of notice before instituting such an increase. Late fees in Illinois cannot 20% of rent in value, while the state does not maintain a limit on bounced check fees.
- Landlord Entry – Illinois as a whole does not establish a minimum landlord entry standard. However, Chicago does require all landlords there to provide 2 days of notice prior to entry. Any standards established in this manner are usually exempt in emergency situations.
- Settling Legal Disputes – In Illinois, landlords and tenants may file a variety of claims with the state’s small claims court. However, these claims are limited in value to under $10,000 only.
To learn more about landlord tenant laws in Illinois, click here.