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Section 1: Rights & responsibilitiesSection 2: Rent increase lawsSection 3: Rental agreement lawsSection 4: Security deposit lawsSection 5: Notices & eviction lawsSection 6: Rental application lawsSection 7: Breaking a lease lawsSection 8: HOA lawsSection 9: Squatter rightsSection 10: Resources
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SECTION 1
Like most states in the U.S., Illinois has provisions through laws that govern landlord-tenant relationships. These laws provide certain rights and obligations to both landlords and tenants within the state.
Below is a breakdown of the rights and responsibilities of landlords and tenants in Illinois.
Source: Illinois Landlord and Tenant Rights Laws
Are Landlords in Illinois required to give notice before entering the property?
There is no statute regarding this in Illinois. However, it is best practice to give your tenant reasonable notice before entering the property to avoid infringing on the covenant of quiet enjoyment. This is an implied term in every lease that the tenant shall have quiet and peaceful possession of the leased premises against the lessor
Are landlords allowed to enter the property to conduct maintenance and repairs?
Yes, landlords can enter the property to carry out maintenance and repairs in Illinois as long as they give reasonable notice before doing so. Reasonable notice is generally considered 24-48 hours. (735 ILCS 5/9-102)
SECTION 2
Illinois rent increase laws are somewhat landlord-friendly. Currently, there’s no law barring landlords from increasing rent, as long as the tenant gets prior notice before the raise.
However, landlords are prohibited from raising rent when there’s a fixed lease agreement in place or the lease hasn't expired. The only exception is if it’s stated in the lease that the landlord can make changes to the rent during the lease term.
As mentioned earlier, having a fixed lease means your landlord can't change the terms unless it's spelled out in the agreement. That also goes for discrimination—it's illegal.
The Fair Housing Act protects tenants from being discriminated against based on things like race, religion, or disability.
Here's a full list of what's covered:
There’s no specific timeframe mandated by the state of Illinois for landlords to give tenants a notice before increasing rent. However, some cities have their own specifications about the notice period for a rent raise.
Landlords in Illinois can raise rent whenever they want, as long as they follow the laws about giving tenants prior notice. This provision is because rent control laws are banned in Illinois, and there haven't been any efforts to bring them back.
SECTION 3
According to Illinois law (Landlord and Tenant Act), if a tenant is renting a place for more than a year, there's a need for a lease agreement. This is a legal document that spells out the rights and responsibilities of both the tenant and the landlord.
While landlords can use verbal agreements, it's not recommended. A written lease is better because it creates a clear record of everything you agreed to, helping to avoid any confusion later on.
Here's what most leases in Illinois typically cover:
SECTION 4
There are no statewide limits on security deposits in Illinois.
Landlords typically ask for one or two months' rent upfront, depending on the property type.
When it comes to payments, Illinois landlords have the flexibility to accept one check or transfer for both the security deposit and the first month's rent. They have five business days to accept the security deposit and must put it in a federally insured, interest-bearing account.
Source: Bill Status of HB4983: Illinois 101st General Assembly
In Illinois, landlords can ask for a separate pet deposit on top of the regular security deposit, as long as their lease agreement mentions it. This is allowed by state laws and security deposit rules.
However, there's an important exception: Landlords cannot charge pet deposits to disabled people who need service animals for emotional support. Doing so would be considered discrimination under the Federal Fair Housing Act.
Source: The Illinois Assistance Animal Integrity Act
Landlords can only withhold money from your deposit for a few reasons:
You'll get your security deposit back unless you break the lease terms in these ways.
By law, all landlords in Illinois must put the tenants' security deposit in a federally insured interest-bearing account approved by the state. This protects the money and ensures it's available when the tenant moves out. If the landlord doesn't follow this rule, they could face penalties.
Landlords also have just five business days to put the security deposit in the account.
For most Illinois renters, landlords have 45 days to return your security deposit after you move out. They can return it in person or mail it to your last known address or a forwarding address you provide.
However, things get a bit trickier if the landlord wants to keep some of the deposit. They have 30 days from the tenant's move-out date to give you an itemized list of any damages beyond normal wear and tear. This list should also include estimated or actual repair costs with receipts.
The landlord can deliver this list in person, by certified mail, or by email to a verified address.
If the landlord fails to return the security deposit within 45 days, the tenant is recover twice the amount owed, plus court costs and “reasonable” attorney fee.
Source: Illinois Security Deposit Return Act
Landlords who own 25 or more units must pay interest on deposits held for 6 months or longer. The interest rate must match the rate paid by savings accounts held at the largest commercial bank in the state as of Dec. 31 prior to the start of tenancy. Earnings from the interest must be credited or paid-out to the tenant every 12 months. (765 ILCS 715/1&2)
SECTION 5
In Illinois, there are several grounds for a landlord to evict a tenant. However, the landlord must first end the tenancy before filing for eviction.
Usually, the landlord complies with legal requirements by providing the tenant with a Illinois eviction notice. The landlord may file an eviction case with the court if the tenant disregards the written notice (this action is also frequently referred to as a forceful entry and detainer suit).
Before the conclusion of the tenancy, a landlord can't force a tenant to vacate a rental property without a valid justification from the law. A landlord may terminate a tenancy early for several reasons.
Tenant nonpayment of rent and/or lease or rental agreement violations are the most frequent causes. If the tenant has used or dealt drugs at the rental property, the landlord may also terminate the lease early.
For these various circumstances, different Illinois eviction notice are required.
Eviction Notice for Nonpayment: 5 days to pay or move-out. (735 ILCS-120(d))
Eviction Notice for Lease Violation: 10 days (735 ILCS 5/9-210)
Even if there's no cause to terminate the tenancy, landlords can still give the tenant a notice to quit. However, the notice period varies depending on the rental agreement type.
Month-to-Month Rental Agreement
If a landlord would like to terminate a month-to-month rental agreement or lease, the landlord will need to give the tenant a 30-day notice. This notice will inform the tenant that the tenancy will expire at the end of 30 days and the tenant must move out of the rental unit by that time.
Fixed-Term Lease
When a renter has a fixed-term lease or rental agreement, like one that lasts six months or a year, and the landlord wants the tenant to relocate but doesn't have a good reason, they have to wait until the end of the tenancy before taking any action.
The landlord has to give the tenant written notice to vacate, either 30 days or 60 days before the lease expires depending on the length of the lease.
Even if the landlord believes the eviction case is warranted, the tenant always has the opportunity to contest the eviction.
If the landlord fails to maintain the rental property following the law or makes procedural errors during the eviction (such as serving a notice incorrectly or failing to wait long enough before filing the eviction action), the tenant may have a strong defense.
Attempting to evict a renter from a rental property is against the law. A sheriff or constable is the sole person with the authority to evict a tenant, even if the landlord wins the eviction litigation.
The landlord may discover personal belongings left behind by the renter after they vacate the rented home. The landlord has seven days to store the personal belongings if the rental property is located inside the city limits of Chicago.
The landlord may dispose of the property if the tenant does not claim it within seven days. When a landlord discovers abandoned property somewhere other than the city of Chicago, they are required to notify the renter and provide them with a fair window of time to claim it before they are forced to dispose of it.
SECTION 6
Illinois permits landlords to freely choose their application process, including fees and background checks. Additionally, there's no limit on how much they can charge for Illinois rental applications, and they don't have to refund it if the tenant doesn't get the place.
Landlords can also use any kind of tenant screening report, like credit checks or background checks. But it's important to remember that federal and local laws might limit how that information is used.
See more at 735 ILCS 5/9-106.3
SECTION 7
Illinois permits tenants to terminate a lease for any reason, provided they give enough notice to the landlord. However, there might be a small fee to cover any inconvenience caused.
Below are some laws governing breaking a lease legally in Illinois.
The "Early Termination Clause" section in a lease agreement spells out exactly what happens if a tenant moves out before the lease expires. In most cases, landlords are allowed to charge a fee for early termination, and the amount can vary depending on the situation.
Landlords in Illinois have a responsibility to keep their rental properties safe and in good living conditions. This means fixing broken items and making sure the property doesn't have any health hazards.
On the other hand, tenants also have the right to request a landlord fix any safety issues in the apartment. If a landlord ignores this request, it could be considered a "constructive eviction." This means the tenant may legally break the lease agreement.
Tenants may break the lease early on the grounds of harassment and invasions of privacy. The landlord may be subject to legal action if they consistently infringe on the tenant's privacy.
These two typical situations are regarded as harassment:
Although Illinois law is silent on notice requirements before accessing a property, it is generally accepted that giving at least 24 hours notice will prevent issues.
For a minimum of 90 days, individuals who enlist in the active military are eligible for protection under the Servicemembers Civil Relief Act (SCRA).
Tenants may be permitted to terminate the lease without incurring fines if they are being relocated due to deployment or a change of station.
In general, tenants are required to provide their landlord with written notice along with a copy of the deployment orders. Additionally, the renter needs to demonstrate that they signed the lease before enlisting in the military.
SCRA personnel and commissioned corps are safeguarded by the following:
The state of Illinois protects tenants who are victims of sexual or domestic abuse. Tenants occasionally have the option to ask their landlord to alter their locks. For their protection, some people might choose to vacate the site, though.
In the latter scenario, the renter is required to give the landlord documentation attesting to their status as a victim of domestic abuse. Moreover, the landlord is not allowed to divulge that information to anyone.
Source: Illinois Compiled Statutes
SECTION 8
The Illinois Common Interest Community Association Act governs the management and operation of HOAs in the state. This clause applies to homeowner associations that own detached or attached townhouses, single-family homes, or villas.
To be recognized under this statute, community associations must also have a minimum of 11 private properties and an annual total assessment collection of more than $100,000.
The formation, management, and supervision of all condominium organizations are governed by the Condominium Act. If you are in charge of a condominium association, you must give this act extra consideration.
Associations governed by the General Not-for-Profit Corporation Act of 1986 are those with ten units or less. Moreover, it applies to homeowner organizations with yearly dues collections of $100,000 or less.
By a majority vote of the board or community members, these associations may decide to abide by the Illinois Common Interest Community Association Act. Because condominiums are not allowed to be incorporated as not-for-profit corporations in Illinois, this Act does not apply to them.
The Illinois Human Rights Act aims to safeguard everyone from damage by outlawing discrimination on the grounds of sex, race, sexual orientation, color, ancestry, national origin, age, marital status, pregnancy, religion, familial status, military status, and handicap.
This statute encourages alternative dispute resolution procedures for all homeowner associations (HOAs) governed by the Condominium Property statute and the Common Interest Community Association Act.
This act requires community association management companies and HOA managers to be licensed and regulated.
Federal regulations also govern common interest communities in Illinois, in addition to these state statutes. Included in this are the following:
Source:Illinois Department of Financial & Professional Regulation
SECTION 9
Even though dealing with a squatter occupying your property can be unpleasant, you must take into account Illinois state laws that grant squatter's rights to occupants who are not authorized to be there while resolving the issue.
The requirements and squatters' rights established by the state to regulate the handling of an adverse possession claim are referred to as adverse possession laws. The requirements for a squatter to establish a legal claim over another individual's real estate property are delineated by these statutes.
The law stipulates, as an illustration, that twenty years of continuous occupancy are necessary to have a claim for adverse possession considered. Numerous additional comparable prerequisites must be fulfilled before granting a property to a squatter.
Additionally, adverse possession laws prescribe the measures that the property owner may employ to evict the intruders if required.
Squatters in Illinois only have the right to stay where they are if they can show the following:
Whether it is a good faith mistake or intentional trespassing, landlords are advised to approach the case with caution.
You need to be careful not to infringe on their squatters' rights, so take the following steps:
SECTION 10
Below, you’ll find some helpful Illinois landlord–tenant law resources:
This article is designed to convey information, and not to provide legal advice. You should not consider any information in this article to be legal advice. Readers should consider obtaining specific legal advice from an attorney for any decision or course of action contemplated.
