Illinois Landlord-Tenant Law: 2024 Overview of Rights

With a population of over 12.5 million, Illinois is the most populous state in the Midwest. So, the Land of Lincoln provides excellent opportunities for rental real estate. But before you invest, you should read up on Illinois landlord-tenant law.

Whether you’re a landlord or a tenant, anyone can benefit from understanding their legal rights and responsibilities. In this article, we’ll cover how landlords can screen tenants, evict problematic occupants, and the laws surrounding rent collection. We’ll also touch on details like security deposits, Illinois tenant rights, and building a solid Illinois lease agreement.

Key Findings: Landlord-Tenant Rights & Responsibilities

As in any state, Illinois landlords and tenants possess certain rights and responsibilities. Knowing these points will make for a smoother landlord-tenant relationship.

Illinois landlords have the right to:

• Charge an application fee to cover screenings and background checks
• Collect rent payments and charge late fees for delayed rent
• Evict tenants with cause, such as nonpayment of rent or violating lease terms
• Charge a security deposit to cover excessive damages to the rental unit or unpaid rent
• Enter the property with notice for non-emergency reasons and without notice for an emergency

Illinois landlords are responsible for:

• Disclosing hazards, such as radon and lead paint
• Maintaining dwelling unit in a safe, habitable condition
• Making requested repairs within 72 hours for emergency repairs and 14 days for non-emergency repairs
• Following a formal eviction process to remove tenants
• Returning security deposits or any unused portions within 45 days of the tenant’s departure or within 30 days in Cook County.

Illinois tenants have the right to:

• Safe, habitable housing regardless of familial status, disability, race, gender identity, etc.
• Know about the presence of hazards such as radon and lead paint
• Make property repairs if the required time frame elapses
• Issue complaints about landlords to housing inspectors and human rights commissions without retaliation
• Contest eviction lawsuits

Illinois tenants are responsible for:

• Paying rent on time to avoid lease violations and eviction
• Maintaining dwelling unit in clean, undamaged condition aside from normal wear and tear
• Abiding by the terms of the lease, such as not smoking or having pets
• Paying utilities on time if responsible for doing so
• Providing written, advance notice to your landlord if you intend to break your lease

Best Practices for Screening Prospective Tenants

When seeking new tenants, landlords should thoroughly screen each applicant. Illinois landlord-tenant laws in 2024 allow landlords to charge a rental application fee of any amount, which they can use for background screenings and credit checks. Landlords must first obtain a signed consent form from the applicant to begin a background check.

A prospective tenant cannot be denied automatically for criminal or credit history. Landlords must consider each applicant on a case-by-case basis. Cook County landlords must pre-qualify applicants and then run a criminal background check and only consider the last 3 years of conviction history with some exceptions.

Compliance with Fair Housing Laws in Illinois

Fair housing laws in Illinois ensure renters have equal access to safe, habitable housing. In addition to federal ordinances, the Illinois Human Rights Act also applies. These laws cover most housing situations and prohibit landlords from discriminating against tenants based on gender identity, disability, race, etc.

What actions are considered housing discrimination?

In Illinois, housing discrimination constitutes various unfair practices, such as refusing to rent or charging more to a protected class member.

Landlords must also fairly advertise their rental units. For instance, a landlord may not advertise a rental property using language like, “No LGBTQ+ may rent here.”

Additionally, Illinois tenant rights prohibit landlords from screening applicants differently due to factors such as race, sex (which includes gender identity and sexual orientation), religion, or disability.

How can discrimination be avoided in rental practices?

You should avoid discrimination in rental practices by advertising to, screening, and treating each tenant equally. Under Illinois landlord-tenant law, landlords must also be willing to make reasonable adjustments to the rental property for disabled tenants.

These laws also apply to any staff the landlord employs, as the landlord can be held liable for their actions. Landlords must ensure all employees receive training on the proper protocol to advertise rentals, screen tenants, and select tenants. Should issues arise, be ready to provide evidence of this training.

What are the repercussions for fair housing violations?

Tenants or applicants who feel discriminated against can contact the Illinois Tenant Rights Hotline and/or file a charge with the Illinois Department of Human Rights. Landlords violating fair housing practices may be ordered to cease and desist, permit the complainant to occupy the dwelling unit, and pay the complainant’s damages and legal fees. Additionally, landlords must pay the state between $16,000 and $70,000.

If a tenant accuses you of violating fair housing practices as a landlord, consult with an attorney for guidance.

Illinois Lease Agreements and Sample

According to the Illinois State Bar, the state does not strictly require written rental agreements, known as leases. However, an oral rental agreement is not considered a lease and is difficult to enforce. So, landlords and tenants should enter into written leases to avoid future issues.

Most rental agreements are fixed-term leases, which expire on a specified date. A year-to-year lease, for example, expires a year from the date of signing or an agreed-upon move-in date. Landlords and tenants may terminate a month-to-month lease at any time with proper notice.

Below is a sample Illinois lease agreement.

Which lease terms are legally required in Illinois?

No specific words or terms are required to create a lease in Illinois. However, most lease agreements include a description of the property, the parties to the lease, the length of the rental contract, the amount of rent charged, and payment deadlines.

What constitutes legal renting in Illinois?

The exact legal requirements for rental properties vary by municipality. In Aurora, for example, 70 square feet of sleeping space is needed per person. Chicago, on the other hand, calls for 125 square feet total for one person.

Generally speaking, landlords must ensure that their rental properties are habitable and comply with building codes and health ordinances. Cook County also requires landlords to possess a rental license to operate four or more units.

What tenant documentation is required?

To rent a property, tenants must possess a valid ID and proof of income. Landlords often ask applicants to provide their rental, employment, credit, criminal histories, and references. Some landlords require tenants to possess renter’s insurance.

Tenants should also maintain records of all rental agreements and transactions in case of future disputes.

What are the mandatory landlord disclosures in Illinois?

Landlords in Illinois must disclose the presence of lead, lead paint, any rent concessions, and radon (a new addition to Illinois landlord-tenant law requires radon testing). Additionally, landlords must clearly disclose whether they or the tenant will be responsible for paying utilities. Cook County and the City of Chicago also require an informational bed bug pamphlet and a copy of the Residential Landlord Tenant Ordinance.

If landlords do not make these legally required disclosures, they may violate the Consumer Fraud Act and be subject to personal injury lawsuits.

Security Deposits in Illinois

Landlords typically collect a security deposit of a certain amount when a new tenant moves into a rental unit. Landlords use these deposits to protect against damage to the unit and nonpayment of rent.

What are the guidelines for security deposit collection?

In Illinois, landlords may charge any amount for a security deposit. However, security deposits in mobile home parks are capped at a month of rent, while landlords in suburban Cook County cannot charge more than one-and-a-half months of rent.

A walk-through checklist is not required but is recommended during move-in and move-out. This report should prevent disputes as to the condition of the apartment.

Landlords should inform tenants where their deposit is held, ideally in a separate bank account. According to the Illinois Attorney General, the security deposit should gather interest if a landlord holds a security deposit for more than six months and there are more than 25 units in a building or complex. The landlord must return the interest to the tenant or use it as a credit toward rent.

When can deductions be made from security deposits?

Security deposits may only cover unpaid rent and damage beyond normal wear and tear. However, if a landlord uses all or part of the security deposit, they must provide itemized statements for those deductions within 30 days of the tenant’s move-out date.

How should security deposits be returned?

Landlords should return all unused portions of security deposits within 45 days of the tenant’s move-out date unless the property is within Cook County, which requires return within 30 days. As mentioned, the landlord must provide an itemized statement of any deductions and receipts to determine exactly how much of the deposit was used.

Landlords should clearly communicate any deductions to the deposit to avoid disputes with tenants.

Maintenance Responsibilities of Landlords

Per Illinois landlord-tenant law, landlords must keep their rental units in safe, habitable condition. This requirement includes adhering to any applicable building codes and health ordinances.

What are the legal standards for property conditions?

Landlords in Illinois must ensure their properties meet health and safety standards. A rental property must be structurally sound and have security features, including deadbolts and peepholes on exterior doors.

Additionally, each apartment and indoor stairwell must have at least one smoke and carbon monoxide detector. Heat, running water, electricity, and gas should all be in working order.

What is the proper protocol for repairs?

If a tenant requests a repair, the landlord must complete that repair within either 14 days (if the repair is not urgent) or 72 hours (if the repair is threatening the health and safety of the tenants).

If repairs are not made in a timely manner as outlined above, Illinois’ Residential Tenants’ Right to Repair Act allows tenants to find a professional or make the repair themselves, then deduct the repair price from the next rent payment.

Do landlords need to give tenants advance notice before accessing a rental property?

As of 2024, Illinois landlords do not legally have to notify a tenant before accessing a rental property. That said, a 24-48-hour notice is generally considered sufficient and good practice.

In the case of an emergency, a landlord may enter a property without notice.

Late Rent Fee Regulations

Per 770 ILCS 95/7.10 Sec. 7.10, landlords may charge a late fee for rent that remains unpaid for at least five days following the due date. That fee may constitute $20 or 20% of the typical rental fee, whichever is greater. Cook County and City of Chicago have slightly different requirements. In Chicago, landlords can charge $10 per month for rent under $500 plus 5% of any rent amount over $500. In Cook County, landlords may charge a late fee of $10 a month for rent under $1,000 or 5% of any rent amount over $1,000.00

If a landlord intends to charge a late fee, they must outline this in the lease.

Rent Control in Illinois

Rent control puts a strict cap on the amount landlords can raise rent, while rent stabilization allows landlords to increase rent by specific amounts without a cap. Neither rent control nor rent stabilization are in effect in Illinois as of 2024.

If landlords wish to increase rent, they can only do so at the end of a lease term. They must provide 7-day notice of increases for a week-to-week lease, 30-day notice for a month-to-month lease, or 60-day notice for a lease at least 12 months long.

Lease Renewal and Termination

Landlords in Illinois are not required to renew expiring leases. In this case, Illinois landlord-tenant laws stipulate that landlords must give tenants 60 days’ notice.

If a tenant intends to move out before a lease expires, they must give a 30 days’ notice. According to the Illinois Attorney General, the tenant may forfeit their security deposit if they do not provide this notice.

Breaking a lease before its expiration date typically does not excuse tenants from paying rent for the duration of the lease. However, a tenant may break a lease without paying further rent if they are departing for military service, if they are a victim of domestic violence, if the property is unfit for habitation, or if the landlord is harassing the tenant.

Landlords may also break a lease if they intend to move into the property, though the lease should specify the terms.

Eviction Procedures for Illinois Landlords

Eviction processes vary by state, so landlords in Illinois must know the specific procedures to follow when evicting a tenant.

What justifications exist for eviction?

Landlords must have just cause to evict a tenant. Common grounds for eviction include:

• Nonpayment of rent
• Repeated lease violations
• Illegal activity conducted on the property

If a landlord wants to initiate the eviction process, they must thoroughly document evidence of cause in case the eviction proceedings go to court.

What is the eviction process?

Landlords who wish to evict tenants in Illinois must take the following steps:

• Serve a 5-day (nonpayment of rent or illegal activity) or 10-day (other lease violations) notice to the tenant
• File an eviction lawsuit
• The court issues the tenant a summons, which is served to the tenant.
• Both the tenant and landlord present their cases in court and receive a judgment
• If the court sides with the landlord, the tenant will be given seven to 14 days to move out
• If the tenant does not vacate, the Sheriff will remove the tenant

Landlords may not attempt self-help evictions such as lockouts or turning off utilities. These methods are illegal in the state of Illinois and elsewhere.

How is property reclaimed after eviction?

After the eviction process, the tenant must be removed from the property with help from law enforcement. Only after a tenant has been evicted may the landlord change the locks and secure the property.

If a tenant abandons any personal belongings when they move out, the landlord must notify the tenant and allow a reasonable amount of time for the tenant to pick up their belongings. Illinois state laws do not specify an exact time requirement.

Local Ordinances for Landlords and Tenants

Landlord and tenant law in Illinois may vary by city and county. In particular, many rental ordinances in Cook County differ from the rest of the state. For more specific laws, visit the website of the Illinois General Assembly or search for city and county rulings on Municode.

Federal Landlord-Tenant Laws

In addition to city, county, and state laws, federal laws such as the Fair Housing Act and Americans with Disabilities Act also affect rental situations. Look into resources like the Consumer Financial Protection Bureau to ensure you’re treated fairly as a landlord or tenant under federal law.

Managing Tenant Legal Disputes as an Illinois Landlord

If you follow the above landlord-tenant laws in Illinois, disputes should be minimal at best. However, should any issues arise, landlords must seek legal assistance as soon as possible to improve their outcomes.

Here are some of the resources Illinois landlords can use:

• Illinois Legal Aid Online: Provides answers on rental-related subjects and connects Illinois residents with lawyers
• Illinois Court Help: Free service from Illinois courts that provides information on everything needed to go to court
• Illinois Free Legal Answers: Free virtual civil legal clinic that allows people to get answers from certified attorneys

Illinois Resources for Landlords and Tenants

Below is a list of resources landlords and tenants can use to help understand landlord-tenant laws in Illinois.

• Landlord and Tenant Act – (765 ILCS 705/)
• Residential Tenants’ Right to Repair Act – (765 ILCS 742/)

Illinois Fair Housing Resources

• Tenant Rights, Laws and Protections: Illinois – HUD
• Illinois – HUD

Federal Fair Housing Resources

• Federal Fair Housing Act

Illinois City-Specific Housing Resources

Chicago

• Residential Landlord and Tenant Ordinance Summary – City of Chicago
• Chicago Renting Right
• Chicagoland Apartment Association

Aurora

• Aurora Landlord Forms

Joliet

• City of Joliet – Landlord Training Program

Naperville

• Tenants and Landlords – City of Naperville
• Housing Advisory Commission – City of Naperville

Springfield

• Fair Housing – City of Springfield

Elgin

• • City of Elgin – Fair Housing Laws

Navigate Your Landlord-Tenant Relationship with TurboTenant

Whether you’re managing five rental units or 50, TurboTenant’s free property management software will help you navigate Illinois landlord-tenant laws. Our most popular features include:

• Rental application templates to help potential tenants apply faster
• Thorough tenant screenings to investigate tenants’ backgrounds
• Lawyer-reviewed lease agreements to build an airtight rental contract
• Rent collection to track rent payments and avoid past-due rent

To learn more, sign up for a free TurboTenant account. You can check out our offerings and develop a plan to help you navigate Illinois tenant rights in 2024.

Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.

Illinois Landlord-Tenant Law FAQ