Key Duties for Illinois Landlords and Tenants

Learn about rights, duties, and laws to maintain compliant rentals.

When you think about your relationships, you likely consider your partner, children, parents, friends, coworkers, and people with those types of connections. Chances are you don’t immediately think of your landlord when you’re evaluating relationships—but it could be one of the more important ones you have at a given time. 

Even though there are good landlords and bad landlords (and good tenants and bad tenants), the law assigns specific duties to both Illinois landlords and tenants.

The Illinois Residential Tenants’ Right to Repair Act or local ordinances govern these laws.

Duties of an Illinois landlord

• Habitability. At the core of every rental agreement is the landlord’s duty to maintain a habitable residence for the tenants. Habitability is being suitable or good enough for living. A landlord must keep rental units safe, in livable condition, and ensure they meet local and state health and housing codes. They must maintain heat, electricity, plumbing, and running water.
• Repairs. A landlord is required to make a repair in a timely manner, generally within 14 days of notice for a non-emergency maintenance issue or 72 hours for an emergency.
• Hazard disclosure. The landlord is required to notify the tenant if there’s any hazard, such as lead paint, radon, or other environmental concerns.
• Lease agreement. A lease is a contract, which means it goes both ways—the tenant and the landlord must both comply with the terms of the lease. For the landlord, that means providing any agreed-upon services and amenities.
• Privacy. A tenant has a right to privacy in their residence. The landlord may not enter the property without permission.
• Pest control. The landlord is responsible for extermination if there are pests in the residence, unless the tenant has caused the infestation or condition.
• Security deposit. The landlord is required to return a tenant’s security deposit within 45 days of when the tenant leaves the residence. In Cook County, this is 30 days. If the deposit is held for more than 67 months, the landlord may be required to pay interest.

Duties of an Illinois tenant

• Pay rent. This means paying rent on time and in full. A late payment could result in fees or eviction. If the tenant fails to pay their full rent, the landlord may begin eviction proceedings with five days’ notice to the tenant.
• Good condition. The tenant is responsible for keeping the unit clean and not causing damage beyond normal wear and tear.
• Lease agreement. Like the landlord, the tenant must maintain the terms of the lease agreement. The tenant is responsible for upholding the terms of the lease, or the landlord may begin eviction proceedings with 10 days’ written notice.
• Written notice. The tenant must provide written notice 30 days prior to the end of their tenancy.
• Alterations. If the tenant wishes to make any alterations to the unit (including painting, etc.), they must get the landlord’s approval ahead of time.
• Respect. The tenant must be respectful of their neighbors by keeping the noise level appropriate and being courteous when using shared spaces.
• Maintenance. If a maintenance concern arises, the tenant should notify their landlord in writing to request a repair or replacement.

What to do in case of conflict between a landlord and tenant

Communicate. Before considering legal action or any other proceeding, the first step is to communicate your needs and concerns. Often, a simple conversation is enough to handle the situation. However, it’s important to maintain notes on each interaction. If your concerns aren’t handled, you want to be able to show a “paper trail” that details the nature of your communications. 

Written notice. If a person-to-person communication is insufficient, you should provide written notice that explains exactly what remedy you’re requesting. Be sure to include the date and the details of the request. Maintain copies of any written (or emailed) communications. Written notice of a maintenance issue should be delivered by certified mail with a return receipt request to provide proof of delivery. 

Mediation. Mediation can be less expensive and formal than a lawsuit. An unbiased person works with each party to help negotiate a mutually agreeable solution without involving the court. 

Illinois statewide resources for landlords and tenants. There are several ways to seek help for an Illinois landlord-tenant dispute.

• Illinois Housing Development Authority (IHDA) provides financial assistance for housing, rental assistance programs, foreclosure prevention, and housing counseling. 
• Illinois Legal Aid Online (ILAO) offers legal information, tools, and resources that include help with evictions, lease agreements and repairs. 
• Illinois Attorney General’s office provides educational resources on landlord-tenant laws, security deposits, evictions, etc... Handles complaints about violations of state housing laws.
• Illinois Department of Human Services (IDHS) offers rental assistance, homelessness prevention programs, and utility bill support for low-income tenants.

You can also refer to these resources for more information:

• Guide to Illinois Landlord & Tenant Rights and Responsibilities
• Your Illinois Landlord Has Responsibilities if There’s Mold
• Illinois Landlord Tenant Law FAQ

If you still need assistance, contact an Illinois landlord-tenant attorney for guidance.