Illinois

Illinois Landlord Tenant Key Rules

Official Illinois Forms:

 

Security Deposit

TOPIC	RULE
Security Deposit Maximum:	No state-wide statute.
Security Deposit Interest:	If a landlord owns 25 or more units in a single building or complex of buildings on a contiguous parcel they must pay interest to the lessee. Local ordinances may differ. 765 ILCS 715/1
Separate Security Deposit Bank Account:	No state-wide statute. However, local ordinances, like in Chicago, may have specific requirements.
Non-refundable fees:	No statute
Pet Deposits and Additional Fees:	No statute
Deadline for Returning Security Deposit:	30 days 765 ILCS 710/1(a)
Permitted Uses of the Deposit:	No specific statute but typically can be used for rent, damages, repairs, etc.
Security Deposit can be Withheld:	Yes 765 ILCS 710/1(a)
Require Written Description/Itemized List of Damages and Charges:	Yes 765 ILCS 710/1(a)
Receipt of Security Deposit:	No statute
Record Keeping of Deposit Withholdings:	Yes 765 ILCS 710/1(a)
Failure to Comply:	If a landlord fails to provide an itemized list, receipts, invoices etc for withholdings they may be liable for up to 2x the amount of the security deposit + attorney’s fees and court costs. 765 ILCS 710/1(c)

Lease, Rent & Fees:

TOPIC	RULE
Rent is Due:	No statute. Usually it’s due at the beginning of each month, or week depending on the type of agreement.
Payment Methods:	No statute. If there’s a specific method the landlord requires it should be outlined in the agreement.
Rent Increase Notice:	No state-wide statute. Cities may have specific regulations in this regard. Usually a 30-day notice is required.
Late Fees:	$20 or 20% of the rent amount, whichever is greater, provided that it was stated in the agreement beforehand. 770 ILCS 95/7.10(c)
Application Fees:	The landlord may not charge an application fee if the tenant provides a reusable screening report that meets certain criteria. 765 ILCS 705/25(b) Text of Section from P.A. 103-840
Prepaid Rent:	No specific statute. Refer to the security deposit rules outlined in 765 ILCS 710/1.
Returned Check Fees:	$25, or all costs & expenses plus attorney’s fees. 810 ILCS 5/3-806
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.):	No statute
Tenant Allowed to Repair and Deduct Rent:	Yes 765 ILCS 742/5
Self-Help Evictions:	No state-wide statute. Usually it’s not allowed and the landlord may be liable.
Landlord Allowed to Recover Court and Attorney’s Fees:	No state-wide statute. However, there may be specifications in the lease agreement.
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent:	Yes 735 ILCS 5/9-213.1

Notices and Entry:

TOPIC	RULE
Notice to Terminate Tenancy:	60-day notice required. 735 ILCS 5/9-205
Notice to Terminate a Periodic Lease – Week-to-week:	7-day notice required. 735 ILCS 5/9-207(a)
Notice to Terminate a Periodic Lease – Month-to-Month:	30-day notice required. 735 ILCS 5/9-207(b)
Notice to Terminate Lease due to Sale of Property:	90-day notice required. 735 ILCS 5/9-207.5
Notice of date/time of Move-Out Inspection:	No statute. Local ordinances may vary
Notice of Termination for Nonpayment:	5-day notice to remedy or quit 735 ILCS 5/9-209
Notice for Lease Violation:	10-day notice 735 ILCS 5/9-210
Required Notice before Entry:	No state-wide statute. However, local ordinances may vary. Common practice is giving 24-48 hour notice.
Entry Allowed with Notice for Maintenance and Repairs:	No statute. Local ordinances may vary
Emergency Entry Allowed without Notice:	No statute. Local ordinances may vary
Entry Allowed During Tenant’s Extended Absence:	No statute. Local ordinances may vary
Entry Allowed with Notice for Showing the Property:	No statute. Local ordinances may vary
Notice to Tenants for Pesticide Use:	No statute.
Lockouts Allowed:	No statute. Local ordinances may vary
Utility Shut-offs Allowed:	Not allowed unless it’s a temporary shut off in case of an emergency. 765 ILCS 735/1.4
Electronic Notices Allowed:	No statute

Disclosures

• Name and Addresses: Must disclose property owner or manager information. (765 ILCS 710/1.2)
• Copy of the Lease: Required for written agreements. (Best practice)
• Domestic Violence Situations: Tenants may break lease with protective order. (765 ILCS 750/15)

Duties

Landlord’s Duties

• Compliance: Must comply with health and safety codes. (765 ILCS 735/1.1)
• Repairs: Required to keep property habitable. (765 ILCS 735/1.1)
• Common Areas: Maintain safety and cleanliness. (765 ILCS 735/1.1)
• Maintenance: Ensure all systems function properly. (765 ILCS 735/1.1)
• Garbage: Provide waste facilities. (Chicago Municipal Code 5-12-070 if applicable)

Tenant’s Duties

• Cleanliness: Maintain cleanliness. (765 ILCS 735/1.2)
• Trash: Dispose of properly. (765 ILCS 735/1.2)
• Plumbing: Keep fixtures clean. (765 ILCS 735/1.2)
• Appliances: Use responsibly. (765 ILCS 735/1.2)
• Damage: Must not damage property. (765 ILCS 735/1.2)
• Quiet Enjoyment: Must not disturb neighbors. (765 ILCS 735/1.2)
• Subleasing: Depends on lease terms. (Best practice)
• Retaliation: Prohibited. (765 ILCS 720)
• Lead Disclosure: Federal requirement.