Everyone needs to keep up
their end of the deal
Laws exist to help landlords and tenants live in harmony. Sometimes, though, disputes arise. Here’s how to know if you’re right (or wrong) and what to do.
If you rent a home in Illinois or own property and rent to a tenant, you might have questions about Illinois landlord/tenant rights and laws.
Illinois is considered a landlord-friendly state because it does not restrict rental rates, late fee charges, or security deposits. However, both landlords and tenants have certain rights and responsibilities.
Landlord-tenant relationships can benefit all parties, as long as each is familiar with and abides by their responsibilities.
It’s important to note that general tenants' and landlords' rights and responsibilities do not apply to federally subsidized housing; these arrangements follow federal rules, and state laws don’t always apply.
Illinois tenancy agreements
An Illinois tenancy agreement (sometimes called a lease agreement) is either written or oral and sets the terms under which one party occupies a unit owned by another with that person’s consent in exchange for paying rent.
Although the law allows for an oral agreement, it’s always best to have it in writing. This protects both the tenant and the landlord.
In most instances, the lease must include a description of the property, the time the tenant intends to live there, the amount of rent, and when rent is expected to be paid. If the parties agree to an oral agreement, this usually is a month-to-month tenancy. Both parties can be bound to the terms of an oral agreement, though it’s much harder to prove them in court if there’s a dispute.
Terminating a lease
Most leases specify the time the tenant will live on the property. If the lease does not specify a specific time frame, either party can terminate it with proper notice.
| Year-to-year tenancy* *Farm leases usually run for one year; notice to terminate must be at least four months before the end of the term. |
60 days’ written notice anytime in the four months prior to the last 60 days of the lease (i.e. six months) by either party |
| Week-to-week tenancy | Seven days’ written notice to the other party |
| Any other lease for a period of less than one year | 30 days’ written notice calling for termination of the last day of that rental period |
There are some municipalities where the landlord must give longer than these amounts of time; you can check these rules in your specific municipality or county.
If the lease doesn’t specify a particular time for tenancy, the tenant does not need to provide notice for termination. Usually, a month-to-month tenancy will renew automatically unless either the landlord or the tenant terminates.
When can an Illinois landlord increase the rent?
If there is not a written lease, the landlord may raise the amount by giving the tenant the amount of notice of the lease term. In other words, if it’s a week-to-week tenancy, the landlord can give seven days’ notice for a rent increase. If it’s month-to-month, 30 days’ notice, and so on. In a mobile home park, they must provide 90 days’ notice. However, similar to the situation above, some municipalities require more than this amount of time and a landlord should check municipal laws for specifics.
Illinois eviction and termination laws
- Non-payment of rent.
If the tenant does not pay their rent, the landlord must provide five days of notice before they may begin eviction proceedings. If the tenant pays within that time, the landlord may not move forward with the eviction. However, the landlord does not need to accept rent less than the amount due. - Violation of lease agreement.
If the tenant violates the lease in a way other than failure to pay rent, the landlord may provide 10 days’ written notice before they may begin eviction proceedings. If the landlord accepts a rent payment within that time, they waive the right to terminate the lease unless the violation continues. - Holdover.
A holdover is when the tenant stays beyond termination of the lease. The landlord may begin eviction proceedings without notice in this instance, but most municipalities require a notice of non-renewal.
These notices may be provided in writing and delivered to the tenant by hand-delivering to a person over age 13 who lives in the unit or sending by certified or registered mail with a return receipt. If the tenant does not actually live on the property, the landlord is required to post notice on the premises.
Illinois security deposits
A security deposit is a sum of money the tenant pays before moving into the residence. It’s in addition to their first month’s rent and is intended to cover any damages or non-payment of rent if that occurs during the tenancy. When the lease ends and the tenant moves out, the landlord returns the security deposit amount if there are no damages to the property.
If the landlord discovers damage to the unit, they must submit a statement of the damages to the tenant, along with estimated costs for repair or replacement. If the landlord fails to provide this statement, they are required to return the security deposit.
What if the landlord doesn’t return the security deposit?
If the landlord does not return the security deposit, the tenant may sue to recover the correct amount. Sometimes the tenant can recover additional damages and attorney fees.
If the building has 25 or more units, the landlord is required to pay interest on the security deposit if it’s held longer than 67 months. Interest is based on the rate paid by the largest bank in Illinois as determined by total assets.
A landlord is permitted to collect a non-refundable move-in fee.
Illinois tenant’s rights and responsibilities
- Pay rent and utilities on time.
- Keep your residence clean and in good repair. You must keep the unit clean and free from damage, and take the trash out regularly. If there is a pest problem, the landlord is usually responsible for costs for extermination. However, if the pests are the result of your own actions (i.e. not taking out food trash, etc.), the landlord could charge you for extermination services.
- Don’t disturb the peace. Excessive noise or bothering your neighbors is not permitted.
- Do not alter the unit without the landlord’s approval. Do not paint, install holes in the walls, or make other changes without seeking permission.
- Provide notice to your landlord if repairs become necessary. This notice should be in writing and the landlord should make repairs within 14 days. If the issue is a threat to your health or safety, you can request a repair be made within 72 hours. Under certain circumstances, you might be able to hire a professional to make the repairs and then deduct the cost from the next month’s rent. However, this only applies in specific cases, so consult an Illinois landlord-tenant attorney before taking this type of action.
- Provide written notice if you choose to terminate your lease.
- You have the right to make a complaint to any government agency about your apartment without risk of retribution or eviction by your landlord.
Illinois landlord’s rights and responsibilities
- Maintain the unit as clean and habitable.
- Make necessary repairs in a timely manner.
- Comply with state and local health and housing codes.
- You may set the amount of rent and the security deposit.
- May charge a reasonable fee for late rent payments.
- You may make reasonable rules and regulations for the property.
How to get help for an Illinois landlord-tenant dispute
Your first call should be to an Illinois landlord-tenant attorney.
If you can’t find or can’t afford an attorney, you could contact Illinois Legal Aid or the Illinois Bar Association to see if you’re eligible for reduced-cost legal services. You can also contact the Illinois Department of Human Rights Housing Complaints division at 1-800-662-3942.
Need a lawyer?
See our guide Choosing a personal injury attorney.