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Illinois Landlord-Tenant Laws

Illinois Landlord Tenant LawsThis article is intended to be an online resource for Illinois landlords.  We summarize key Illinois Landlord-Tenant laws that are most applicable to residential rental units.

This article is not qualified legal advice.  Individuals seeking guidance need to work with a legal advisor who is qualified in the jurisdiction.  Illinois Landlord Tenant Laws and statutes may vary from county to county or city to city, this article provides state level laws and statutes. 

Also, laws and statutes are subject to change and may cause sections of this article to be outdated.  We provide links to assist landlords and tenants to the state statute page for further research.

Click here if you are seeking renters insurance in Illinois.

 

Quick Facts for Real Estate Investors Considering Illinois

Illinois landlord-tenant laws are considered Tenant-friendly.

There are 12.7 million residents in Illinois.  Major metropolitan markets in Illinois are:

  1. Chicago: Estimated population of 7,122,725, which 36% of residents are renter occupied.  Average rent is $1,078.
  2. Champaign: Estimated population of 226,033, which 44% of residents are renter occupied.  Average rent is $844.
  3. Danville: Estimated population of 75,758, which 27% of residents are renter occupied.  Average rent is $669.
  4. Decatur: Estimated population of 104,009, which 27% of residents are renter occupied.  Average rent is $670.
  5. Kankakee: Estimated population of 109,862, which 31% of residents are renter occupied.  Average rent is $792.
  6. Peoria: Estimated population of 400,561, which 28% of residents are renter occupied.  Average rent is $727.
  7. Rockford: Estimated population of 336,116, which 31% of residents are renter occupied.  Average rent is $775.
  8. Springfield: Estimated population of 206,868, which 29% of residents are renter occupied.  Average rent is $804.

 

Jump to Different Illinois Landlord Tenant Laws

 

 

 

 

SECURITY DEPOSIT LAWS IN ILLINOIS

 

Does Illinois require security deposits? 

Illinois does not require security deposits.  (765 ILCS 710)

 

Is a security deposit receipt required in Illinois? 

Illinois does not require landlords to provide a receipt of security deposit.  Although it is good practice to provide a receipt.

 

How much security deposit can a landlord charge in Illinois? 

In Illinois, no maximum limit is defined.    (765 ILCS 710/1)

 

Storage Requirements for Security Deposits in Illinois: 

No Statute.  Landlords do not need to check the deposit in a separate account.  However, Chicago and other cities require specific storage requirements.

 

 

Can security deposits be commingled with other assets in Illinois? 

No Statute.  However, Chicago and other cities require specific commingling laws.  For example, Chicago does not allow commingling.

 

Do landlords have to pay interest on security deposits in Illinois? 

If a landlord owns more than 25 units and the lease is longer than 6 months, landlords are required to pay interest.  Interest is set to match the rate paid on a savings account at the largest commercial bank in Illinois as of Dec. 31 of the year prior to the tenancy.  Interest payments must be credited or paid-out annually.  (765 ILCS 715/1(765 ILCS 715/2)

 

When must a landlord return the deposit by in Illinois? 

In Illinois,  landlords have 45 days to return the security deposit if they do not withdraw any funds for damages or unpaid rent.  If landlords withdraw any funds, they must return the remainder within 30 days.  (765 ILCS 710/1(a))

 

When can a landlord in Illinois withhold security deposit?

At the end of a lease, the landlord is required to return the tenant’s security deposit.  However, landlords may withhold all or portions of a tenant’s security deposit if:

  • Damage in excess of normal wear and tear
  • Unpaid rent

Landlords must include a list with the remaining security deposit.

 

 

Nonrefundable fees: 

No Statute.  Non-refundable fees are less regulated and often easier to manage.

 

Pet Deposits and Additional Fees:

Illinois has no pet deposit.statutes.

 

Require written description / itemized list of damages and charges?

Landlords are required to provide an itemized list, repair and return security deposit within 30 days.  (765 ILCS 710/1(a))

 

What happens to Illinois landlords that fail to comply returning the security deposit?

When landlords in Illinois fail to comply with state law to return security deposit within the 45 days, the tenant can recover twice the amount of the security deposit due.  As well as court costs and reasonable attorney’s fees.  (765 ILCS 710(c)

 

 

 

 

 

 

 

RENTAL AGREEMENT LAWS IN ILLINOIS

 

Rental agreements required in Illinois:

Tenancies 12 months or longer in Illinois require a rental agreement.  If tenancy is less, it is still encouraged to create a written rental agreement.  Oral agreements are deemed legal and enforceable if the term duration is less than one year.  Burbz always recommends a lease agreement for all durations.

If you need a lease, Burbz offers an online Illinois rental lease agreement.

 

What are the required lease provisions in Illinois?

Illinois requires certain provisions to be included in the lease agreement.  Besides both the landlord and tenant names, the landlord should also list:

It is also strongly recommended to include these provisions:

  • Term of the Lease
  • Amount of Rent
  • Rent due date
  • Security Deposit Amount and its coverage
  • Responsible parties for utilities
  • Responsible party for maintenance
  • Define reasonable amount for late fees and assessment date
  • Policy on subleasing
  • Liable party for utility expenses
  • Penalties for late rent payments
  • Landlord’s responsibilities
  • Tenant’s responsibilities
  • Pet policies
  • Security Deposit
  • Cleaning Fees
  • Other fees

 

 

 

What are the rental agreement notice requirements in Illinois: 

Fixed-End or Year-to-Year: At least 60 days.  Notice can be given any time during the 4 months prior to the 60 day requirement.  (735 ILCS 5/9-205)

Month-to-Month: At least 30 days or more from lease expiration. (735 ILCS 5/9-207)

Week-to-Week: At least 7 days or more from lease expiration.  (735 ILCS 5/9-207)

 

What happens when the tenant remains without consent after the rental agreement expires or terminates?

No Statute.

 

 

Does the lease automatically renew in Illinois? 

Leases terminate upon expiration, unless stated in the lease.  (735 ILCS 5/9-213)

 

Rent Increase Notice:

No Statute.

 

Rent Grace Period for Residential:

Tenants have no grace period before rent is considered late and fees may be charged.

 

Rent Grace Period for Manufactured Homes:

No grace period.

 

 

Prepaid Rent:

No Statute.

 

 

 

 

 

 

LATE FEES AND LIMITS IN ILLINOIS

Late Fees for Residential:

Landlords are allowed to add late fees to the lease agreement.  (770 ILCS 95.7.10)

 

Late Fees for Manufactured Homes:

Landlords are allowed to add late fees to the lease agreement.

 

 

 

Limits to late fees in Illinois:

Must be a reasonable amount which is the greater of $20 or 20% of rent.  (770 ILCS 95.7.10(b))

 

 

 

ILLINOIS LEASE TERMINATIONS / NOTICES TO QUIT

 

In Illinois, lease agreements between landlords and tenants can be terminated.  Read our blog for landlords about handling early lease terminations.  Here are the cause and effects:

 

What is the Pay or Quit for Nonpayment requirement in Illinois?

Illinois requires five days to remedy or quit.  Landlords can begin the process the following day once rent is deemed late. (735 ILCS-120(d))

 

How many days must a landlord allow before terminating for a Lease Violation?

If the tenant breaches the Lease Agreement besides unpaid rent, Illinois requires landlords to provide 10 days to remedy or quit.  Landlords must include the following verbiage in their notice:  (735 ILCS 5/9-210)

“To A.B.:  You are hereby notified that in consequence of your default in (here insert the character of the default) of the premises now occupied by you, being, etc., (here describe the premises) I have elected to terminate your lease, and you are hereby notified to quit and deliver up possession of the same to me within 10 days of this date (dated, etc.).”

 

Illinois allows immediate lease termination if the tenant is responsible for:

No Statute.

.

 

 

 

How many days when terminating for illegal drug-related activities?

No Statute.

 

 

 

 

ILLINOIS LAWS ON REPAIRS

 

Illinois tenants are legally allowed to make repairs and deduct the cost from rent.  However, the following protocol must be followed before doing so:

How many days must the tenant give for non-emergency repairs? 

Tenants must provide 14 days amount of time.  If the landlord fails to address the problem, the tenant may fix the problem if it is less than cost of one month’s rent or $500, lesser of.  (765 ILCS 742)

 

Can tenant without rent for landlords’ failure to provide essential services (i.e. water, heat, etc.)?

Yes.  (765 ILCS 735)

 

 

If the landlord fails to take necessary action, then the tenants can legally:

No statute stating any fees or lawsuits.

 

 

 

ILLINOIS LANDLORD RESPONSIBILITIES

What must the landlord provide in good and working order?

No Statute.

 

Do landlords have to provide appliances and services?

No Statute.

 

 

 

 

ILLINOIS TENANT LAWS AND RESPONSIBILITIES

 

Tenant must maintain a fit and habitable premise and is prohibited from intentionally or negligently damaging or removing any part of the premise.  Cannot partake in drug-related activities, unlawful businesses or disturb the peaceful enjoyment of the neighbors.  

 

 

 

 

 

ILLINOIS EVICTION LAWS

 

Illinois requires a landlord to file a eviction lawsuit to evict a tenant. (735 ILCS 5/9-101)

 

 

Landlords may evict tenants for the following:

  • Not paying rent
  • Violation of Lease / breach of contract

 

 

Can landlords do a ‘self help’ eviction?

In Illinois, it is illegal for landlords to attempt to evict a tenant not through a court order.

Are landlords allowed to lock out tenants by changing locks?

Landlords cannot change locks. 

Are landlords allowed to turn off utilities?

Landlords cannot turn off utilities. (765 ILCS 735/1.4)

Tenants may not be evicted for non-payment of rent if:

No Statute.

 

Do landlords have to make a reasonable attempt to mitigate damages when re-renting the rental unit?

Landlords are required to minimize the damages a tenant pays when the lease has been terminated from expiration, notice or eviction.  (735 ILCS 5/9-213.1)

 

 

 

ILLINOIS LAWS ON RETALIATION

 

Illinois laws state a landlord cannot terminate a lease, refuse a lease renewal or raise rents when:

 

  • Tenant submitted a complaint to government agency for building or health code violation

 

Illinois laws does not state a specific time frame for retaliation.  (765 ILCS 720)

 

 

 

 

LAWS ON DOMESTIC VIOLENCE, SEXUAL MISCONDUCT, AND SEXUAL ASSAULT

 

A landlord cannot discriminate against prospective tenants or tenants because they have been a victim of domestic violence, sexual assault, rape or stalking.

 

Verify Claim:

A landlord is allowed to verify claim of Domestic Violence.(765 ILCS 750)

 

 

Can a tenant terminate the least if they are a victim of domestic violence: 

Illinois state law says a tenant with proof of Domestic Violence status is allowed with 3 days notice.  (765 ILCS 750/15 (a)(2))

 

 

Who is responsible for Recovery of Losses: 

No Statute.

 

 

Must Landlords Change Locks:

If requested by a victim of Domestic Violence, a landlord must change within 48 hours the locks.  Cost of the lock is at the tenant’s expense.  The tenants can change locks themselves but must provide a set of keys and follow state procedure. (765 ILCS 750/20 (b))

 

 

 

ILLINOIS LAWS FOR LOCKS AND LANDLORDS

 

Are landlords requested to change locks before new tenants:

Before new tenants moves in, landlords are required to change the locks.  Landlords are required to sign a disclosure stating the locks have been changed.  It is always recommended to do so.

 

 

Are landlords required to install any specific security device:

No statute stating specific devices.

 

 

Do landlords have to change locks for domestic violence victims:

If requested by a victim of Domestic Violence, a landlord must change within 48 hours the locks.  Cost of the lock is at the tenant’s expense.  The tenants can change locks themselves but must provide a set of keys and follow state procedure. (765 ILCS 750/20 (b))

 

 

 

 

 

ILLINOIS PET LAWS & PET POLICIES

Illinois Landlord-Tenant Laws does not have any specific pet laws.  Landlords are legally allowed to create their own pet policies and requirements.  Including tolerance for breeds, size, types, and more.  Read our guide to pet policies.

 

 

Any limitations on pets that landlords can impose?

No statute.

 

 

What are the max pet deposits in Illinois:

No statute.

 

 

 

 

DO LANDLORDS IN ILLINOIS NEED A RENTAL LICENSE?

 

According to Illinois Landlord-Tenant Laws, landlords do not need a rental license in Illinois.

Landlords and owner of a residential rental property do not need to register the property.  Local cities may have different requirements, we recommend you research the local city specific laws.

 

 

 

 

 

NOTICE OF ENTRY LAWS IN ILLINOIS

Do landlords in Illinois have to provide notice of entry? 

Illinois does require landlords to provide a 24 hour notice.  This includes:

  • Non-emergency maintenance and repairs
  • Improvements to property
  • Inspections
  • Showing prospective tenants, contractors, mortgagees or buyers.

 

When can a landlord enter without notice:

Landlords may enter:

  • Emergencies

 

 

 

Can landlords enter for non-emergency maintenance and repairs?

Yes.  (735 ILCS 5/9-102)

 

 

Can landlords enter for showings?

No Statute.

 

 

 

 

Can landlords enter for emergencies without notice?

Yes.  (735 ILCS 5/9-102)

 

 

Can landlords enter during Tenant’s extended absence?

No Statute.

 

 

Can landlords enter for pesticide use?

No statute. 

 

 

 

 

ILLINOIS SUBLEASE AND ASSIGNMENT PROVISIONS

Is subleasing permitted?

No Statute.

 

 

Do you need the landlord consent?

Yes.

 

 

Can the LL / lease prohibit subletting?

Yes.  Landlords should add a provision in the lease agreement prohibiting subleasing without consent.

 

 

 

 

TENANT ABANDONED PROPERTY IN ILLINOIS

 

Illinois Landlord-Tenant Laws only state abandonment statutes for harvest and crops.  We recommend you research your specific city / county laws to clarify any abandonment laws.

 

 

 

 

REQUIRED RENTAL AGREEMENT DISCLOSURES FOR ILLINOIS LEASES

 

Illinois Landlord-Tenant Laws requires the following be included with all Rental Agreement Disclosures:

 

Lead Paint Disclosure:  Yes.  Federal law requires every landlord to disclose known information on lead-based paint and hazards.  Landlords must provide this EPA-approved pamphlet.

Mold Disclosure:  Must disclose to the tenant if there is known mold in the property.

Asbestos Disclosure: Landlords must disclose if there is known asbestos in the property.

Notice of Foreclosure:  Landlords must disclose to prospective tenants whether the property is currently in the foreclosure process.

Tenant Utility Payment Disclosure Act:  Landlord must include and define in the lease agreement the tenant’s responsibility for utilities.  Specifically for cost of gas or electric heat.

Owner Identification:  Landlord must disclose the identify of the property owner in the rental agreement.

Radon Hazard Disclosure:  Landlord must disclose any known presence of radon in the building or property.  Any property with high level of radon are required to provide a radon report to the tenants.

Conditions Affecting Habitability:  Landlords must disclose any violations that affect habitability in the past 12 months.  This includes:  common areas, recreational areas, courtyards, basements, rooftops and the unit itself.

 

 

HELPFUL RESOURCES

765 ILCS 705/      Landlord and Tenant Act.

765 ILCS 710/      Security Deposit Return Act.

765 ILCS 715/      Security Deposit Interest Act.

765 ILCS 720/      Retaliatory Eviction Act.

765 ILCS 725/      Property Taxes of Alien Landlords Act.

765 ILCS 730/      Rent Concession Act.

765 ILCS 735/      Rental Property Utility Service Act.

765 ILCS 740/      Tenant Utility Payment Disclosure Act.

765 ILCS 742/      Residential Tenants’ Right to Repair Act.

765 ILCS 745/      Mobile Home Landlord and Tenant Rights Act.

765 ILCS 750/      Safe Homes Act.

765 ILCS 755/      Immigrant Tenant Protection Act.

 

Public Housing Authorities’ contact information (HUD)

Illinois Association of Housing Authorities

Chicago Housing Authority

Lake County Housing Authority

Peoria Housing Authority

Housing Authority of Champaign County

 

ILLINOIS RELATED COURT INFO & LINKS

Illinois Small Claims Court Limits:

10,000 is the limit for small claims court. 

 

Illinois Eviction Cases Allowed in Small Claims:

Yes.

Illinois State Bar Association

Illinois State Courts

Illinois Attorney General

Chicago Bar Association

 

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