A summary of Illinois Landlord Tenant Laws based on state law statutes as they apply to residential lease agreements executed between landlords and tenants.
Required Disclosures (by Landlords)
Utilities: Where tenant pays a portion of a master metered utility, landlord must give tenant a copy in writing either as part of the lease or another written agreement of the formula used by the landlord for allocating the public utility payments among the tenants. (765 Ill. Comp. Stat. § 740/5)
Rent Concessions: Any rent concessions must be described in the lease, in letters not less than one-half inch in height consisting of the words “Concession Granted,” including a memorandum on the margin or across the face of the lease stating the amount or extent and nature of each such concession. Failure to comply is a misdemeanor. (765 Ill. Comp. Stat. §§ 730/0 to 730/6.)
Radon: Landlords are not required to test for radon, but if the landlord tests and learns that a radon hazard is present in the dwelling unit, landlord must disclose this information to current and prospective tenants. If a tenant notifies a landlord that a radon test indicates the existence of a radon hazard in the rental unit, landlord must disclose that risk to any prospective tenant of that unit, unless a subsequent test by the landlord shows that a radon hazard does not exist. Requirements do not apply if the dwelling unit is on the third or higher story above ground level, or when the landlord has undertaken mitigation work and a subsequent test shows that a radon hazard does not exist. (420 Ill. Comp. Stat. §§ 46/15, 46/25)
Security Deposit Limit
There is no state statutory limit on security deposits. Landlords in Illinois must pay interest on security deposits held for more than six months if they rent 25 or more units in either a single building or a complex located on contiguous properties.
Deadline for Returning Security Deposit
For properties with five or more units, the security deposit must be returned within 30 days after the tenant moves out if there are no deductions; 45 days if deductions are taken and an itemized statement and receipts are provided.
Small Claims Lawsuits
Landlord-tenant suits can be filed in small claims court security deposits and other monetary issues up to $10,000.
Late Fees
Illinois state law does not cover late fees. Therefore, if your lease does not say anything about late fees, then one cannot be charged.
Increasing Rent
At least a 30 day notice (in writing) must be given to increase rent or change a month-to-month term. Longer lease agreements, must govern themselves by spelling out the amount of rent and when (if) an increase can occur.
Withholding Rent
A tenant may withhold exercise the right to hire a professional to fix a problem and deduct the cost of
the repair if the landlord fails to act within 14 days. Before exercising the right to withhold rent, written notice must be given to the landlord allowing 14 days to resolve the problem unless it’s an emergency which may be reasonably sooner. The law allows a maximum repair limit of $500 or half the monthly rent (whichever is less).
Termination and Eviction
A 10 day unconditional quit notice to vacate or face eviction may be provided to a tenant who doesn’t abide by any term of the lease.
A 5 day unconditional quit notice may be used for unlawful use or sale of any controlled substance
Domestic Violence
The court may prohibit the respondent from entering or remaining in any residence, including one owned or leased by the respondent, if the petitioner has a right to occupancy thereof. According to the statute, a party has a right to occupancy if it is solely or jointly owned or leased by that party, the party’s spouse, a person with a legal duty to support that party or a minor in that party’s care, or by any person other than the opposing party that authorizes that party’s occupancy. If both the petitioner and respondent have a right to occupancy, the court shall balance hardships to the respondent with the hardships to the petitioner, with the balance favoring the petitioner.
Illinois Lease Agreement
See Illinois Residential Lease.
Illinois Landlord-Tenant Law Statutes
Illinois Comp. Stat. §§ 5/9-201 to 321 & 765 Ill. Comp. Stat. §§ 705/0.01 to 742/30.