Illinois

An Illinois lease agreement is a legally binding document that outlines the rental terms agreed upon by a landlord and tenant. It must include specific information about both parties, the rented unit, disclosures regarding known health and safety hazards, the rent amount, security deposit details, payment methods, and any applicable late fees and grace periods.

SimpleBasicLease_Illinois

SimpleBasicLease_Illinois

Rental Lease Laws Overview

In Illinois, there are no rent control laws in place. Landlords can include late fees in the rental agreement, and there is no statutory limit on these fees. A grace period for late payments is permitted. A landlord’s license is only required in Cook County for buildings with four or more rental units. Typically, landlords require a rental application from tenants to assess their eligibility before finalizing a lease agreement.

Required Lease Disclosures

Illinois law mandates that landlords provide specific disclosures with lease agreements, including:

  • Smoke and Carbon Monoxide Disclosure: Confirms the presence of smoke and carbon monoxide detectors in the rental property.
  • Radon Disclosure: Informs tenants about the potential presence of radon in the rental unit.
  • Shared Utilities Notice: Outlines how shared utility costs are calculated and clarifies that utilities are separate from rent.
  • Rent Concessions Disclosure: Discloses any rent concessions, such as free first or last month’s rent.
  • Disclosure of Lead-Based Hazards: Notes the possible presence of lead-based paint hazards in rental units built before 1978.

Security Deposit

In Illinois, there is no maximum limit on the amount of the security deposit. Landlords are not required to provide receipts for security deposits. However, those who own more than 25 rental units must deposit security deposits in an interest-bearing account at the State of Illinois’ last-year interest rate as of December 31. For properties with five or more units, security deposits must be returned within 45 days after the tenant moves out. If there are deductions for damages, landlords must provide an itemized statement of repairs and damages within 30 days. Landlords may deduct from the security deposit for tenant-caused damages, provided they supply an itemized statement.

Rent Payments

Rent is typically due by the first of each month unless otherwise specified in the lease. Rent increases are allowed at almost any time with adequate notice to tenants, but not during a fixed-term lease unless permitted by the lease. Landlords may impose a late fee of $20 or 20% of the monthly rent, whichever is greater, for rent overdue by more than five days, as long as this is specified in the lease agreement before the tenancy begins. If rent remains unpaid, a landlord may issue a 5-day notice to quit for non-payment.

Landlord Right of Entry

Landlords are not legally required to give prior notice before entering a rental property; however, providing at least 24 hours’ notice is highly recommended. After a rental unit is vacated, landlords must change or rekey access before a new tenant moves in.

Property Repairs

Landlords are responsible for maintaining properties in a livable condition, adhering to health and safety standards, making timely repairs, and ensuring essential services such as heat, water, and electricity are maintained. Tenants are responsible for keeping the property safe and clean, using fixtures properly, adhering to health and safety codes, avoiding damage, and notifying the landlord of necessary repairs. If a lease is broken, landlords must mitigate damages but cannot claim abandonment based solely on a set period of absenteeism. They must provide a 10-day notice for unpaid utilities by tenants.

Terminating a Lease

For month-to-month tenancies, either party can terminate the lease by providing written notice at least 30 days before the next rent payment date. Regarding unclaimed property, outside of Chicago, there is no specific statute. Within Chicago, landlords are required to keep any left-behind personal belongings for a minimum of seven days.

Statutes

FAQs

In Illinois, lease agreements must include disclosures such as smoke and carbon monoxide detector confirmations, radon presence information, shared utilities notice, rent concessions disclosure, and lead-based hazards disclosure for properties built before 1978.

In Illinois, there is no limit on the amount a landlord can charge for a security deposit. However, landlords with more than 25 rental units must deposit these funds in an interest-bearing account.

A tenant can terminate a month-to-month lease in Illinois by providing written notice to the landlord at least 30 days before the next rent payment date.

In Illinois, landlords can impose late fees of $20 or 20% of the monthly rent, whichever is greater, if rent is overdue by more than five days, provided this is specified in the lease agreement.

Landlords in Illinois are responsible for maintaining properties in a livable condition, adhering to health and safety standards, making timely repairs, and ensuring critical services like heat, water, and electricity are functional.

In Illinois, for properties with five or more units, landlords must return the security deposit within 45 days after the tenant moves out. If there are deductions for damages, an itemized statement must be provided within 30 days.

While Illinois law does not require landlords to give prior notice before entering a rental property, it is highly recommended to provide at least 24 hours’ notice to tenants.

In Chicago, landlords are required to keep any personal belongings left behind by a tenant for a minimum of seven days before disposing of them.