Key Takeaways
- Illinois landlord-tenant laws automatically set rights and responsibilities for both parties, and lease terms cannot override what state law requires.
- Landlords must provide specific disclosures before signing a lease, including safety information, utility billing details, and property conditions like flood zones.
- Tenants gain clear rights around repairs, deposits, fair treatment, and notice, while also agreeing to responsibilities like rent payment and property care.
- Landlords can set rent amounts and enforce lease terms, but must follow fair housing rules, proper entry practices, and legal eviction procedures.
The landlord-tenant relationship is guided by state law, which automatically grants both parties in the lease certain rights and responsibilities. And these cannot be waived, regardless of what the rental agreement says.
As a landlord, understanding the basic tenets of the state’s landlord-tenant laws is crucial for your success. This is because the law applies to all aspects of the landlord-tenant relationship.
Including how to handle evictions, what rules to follow when asking for security deposits, and how much notice to give before terminating a lease, among others. In this guide by Keyrenter Chicago Metro, you’ll learn important basics of Illinois landlord-tenant law.
Want a clearer picture of what your rental could earn and how Illinois rules may affect your next step?
Required Landlord Disclosures in Illinois
In Illinois, landlords must provide residents with the following disclosures before executing the lease.
- A warning about the dangers of radon gas. You must use a state-approved pamphlet.
- Concentrations of lead-based paint if the building was built before 1978.
- The formula for calculating the resident’s share of their utility bills.
- Information regarding testing and maintenance of the carbon monoxide alarm and smoke detector.
- Any rent concession that you have granted to a resident.
- Disclosure on whether the rental unit is located within a FEMA flood zone.
Illinois Tenant Rights & Responsibilities
Once a resident establishes a lease with a landlord, they automatically obtain the following rights. A right to:
- Get the aforementioned disclosures before the execution of the lease.
- Get repairs completed within 14 days after notifying the landlord in writing, or deduct the cost from rent, or report code violations to authorities for further action.
- A refund of the security deposit after moving out, less any deductions.
- Break the lease due to domestic violence, active military duty, or any other legally justified reason.
- Be treated without discrimination based on sex, religion, military status, or any other protected class.
- Receive a reasonable advance notice before a landlord can enter for legitimate purposes.
These rights don’t come without a fair share of responsibility. Residents in Illinois are required by law to do the following after moving into rented premises.
- Pay rent on time and keep all terms of the rental agreement.
- Keep the unit clean and sanitary.
- Not damage the property intentionally or recklessly.
- Make minor repairs and maintenance to the unit as the lease requires.
- Not disturb the peace and quiet of other residents and neighbors.
- Allow landlord entry for purposes reasonably mentioned in the lease.
- Move out after the lease has expired.
Want help staying compliant with Illinois tenant responsibilities?
Illinois Landlord Rights & Responsibilities
Equally, landlords, too, automatically obtain certain rights and responsibilities in a lease or rental agreement. When it comes to rights, they include the following.
- Enter the rented unit to perform crucial responsibilities, like responding to an emergency.
- Raise rent without restriction as long as they avoid discrimination and do not increase the rent during the lease term.
- Charge a reasonable late fee.
- Require a security deposit.
- Subject every applicant to a fair and rigorous screening process.
- Not to renew the lease for another term after expiry.
As for the responsibilities, they include the following.
- Follow the right procedure when pursuing an eviction against a resident.
- Follow the statewide security deposit rules when requiring deposits from residents.
- Provide the appropriate advance notice before ending a periodic tenancy.
- Change locks upon request by a resident who has become a domestic violence or sexual abuse victim.
- Enter the rental unit only for purposes reasonably related to the lease.
- Follow the fair housing law that prohibits discrimination in housing based on a resident’s protected class.
- Make a reasonable effort to find a new resident after the older one breaks the lease unjustifiably.
An Overview of the Landlord-Tenant Laws in Illinois
Rent Increases
Illinois is among the states that don’t have rent control. Also, a state law makes it illegal for local governments to create their own rent control law. Resultantly, landlords can raise rent by any amount.
There is also no specific notice requirement landlords must abide by when raising rent. You can agree on this in the lease agreement to prevent potential misunderstandings.
Housing Discrimination
Landlords must abide by the federal and state Fair Housing Act (FHA). The act prohibits landlords from engaging in discriminatory behavior based on certain protected classes.
The classes include: age, ancestry, sexual orientation, gender identity, immigration status, marital status, military status, domestic violence history, or pregnancy.
Landlord Entry
Unlike most other states, the Illinois landlord-tenant law doesn’t specify landlord entry rules. That said, ensure to check for any regulations in your local city or county. Generally, though, you must have a legitimate reason to enter a rented unit. For instance, to inspect it, do a repair, or respond to an emergency.
Tenant Eviction
Landlords have the right to pursue an eviction against their tenants for certain reasons. For instance, if the resident fails to pay rent on time, causes reckless property damage, or violates a term of the lease.
Strict adherence to the law is, however, essential. You must not, for example, try to remove or evict a resident in retaliation or for discriminatory reasons.
If you need guidance on handling a tenant eviction legally and correctly, a quick consultation can help clarify your next steps.
Conclusion
There you have it. The essential basics of the Illinois landlord-tenant law to have at your fingertips when renting out a property. Violating any aspect of these laws can have harsh penalties.
Keyrenter Chicago Metro is a reliable and professional property management company in Oak Park, IL, and its surrounding areas. You can count on us for exceptional property management solutions. Get in touch to learn more!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.
