Illinois
An Illinois simple (basic) lease agreement creates a legally binding document that outlines rental terms agreed upon by landlords and tenants. This rental contract must include specific information about both parties, rented units, disclosures regarding known health and safety hazards, rent amounts, security deposit details, payment methods, and any applicable late fees and grace periods. Every Illinois lease agreement must comply with state regulations while protecting both parties’ interests.
Illinois Simple Basic Lease Agreement
Illinois Simple (Basic) Lease Agreement
Illinois maintains balanced rental laws without rent control restrictions in place. Additionally, landlords can include late fees in their rental agreements, and the state places no statutory limits on these fees. Furthermore, Illinois permits grace periods for late payments, giving tenants reasonable time before penalties apply. Moreover, landlord licensing requirements exist only in Cook County for buildings with four or more rental units.
Subsequently, property owners typically require rental applications from tenants to assess eligibility before finalizing any Illinois lease agreement. This screening process helps landlords make informed decisions about prospective renters.
Required Illinois Lease Agreement Disclosures
Illinois law mandates that landlords provide specific disclosures with every lease agreement:
Smoke and Carbon Monoxide Detector Disclosure: Property owners must confirm the presence of smoke and carbon monoxide detectors in rental properties through their Illinois lease agreement documentation.
Radon Gas Disclosure: Landlords must inform tenants about potential radon presence in rental units as part of their lease agreements.
Shared Utilities Notice: Property owners must outline how they calculate shared utility costs and clarify that utilities remain separate from rent in their Illinois lease agreement terms.
Rent Concessions Disclosure: Landlords must disclose any rent concessions, such as free first or last month’s rent, in their rental contracts.
Lead-Based Hazards Disclosure: Property owners must note possible lead-based paint hazards in rental units built before 1978 within their Illinois lease agreement documentation.
Illinois Lease Agreement Security Deposit Regulations
Illinois regulates security deposits through specific requirements that vary based on property size:
Security Deposit Limits and Receipt Requirements
Maximum Deposit Amounts: Illinois places no maximum limits on security deposit amounts that landlords can request in their lease agreements.
Receipt Requirements: Property owners face no requirements to provide receipts for security deposits under state law.
Security Deposit Banking and Interest Requirements
Interest-Bearing Account Requirements: Landlords who own more than 25 rental units must deposit security deposits in interest-bearing accounts at the State of Illinois’ last-year interest rate as of December 31.
Security Deposit Return Timeline and Procedures
Return Timeline Requirements: For properties with five or more units, landlords must return security deposits within 45 days after tenants move out under Illinois lease agreement regulations.
Deduction Documentation: When deductions occur for damages, property owners must provide itemized statements of repairs and damages within 30 days. Additionally, landlords may deduct from security deposits for tenant-caused damages, provided they supply itemized statements.
Illinois Lease Agreement Rent Payment Requirements
Monthly Rent Due Dates and Payment Terms
Initially, rent typically becomes due by the first of each month unless Illinois lease agreements specify otherwise. Property owners must clearly outline payment schedules and acceptable methods in their rental contracts.
Rent Increase Policies and Fixed-Term Restrictions
Furthermore, rent increases are permitted at almost any time with adequate tenant notice. However, increases cannot occur during fixed-term leases unless the lease agreement specifically permits them.
Late Fee Policies and Grace Period Benefits
Moreover, landlords may impose late fees of $20 or 20% of monthly rent, whichever proves greater, for rent overdue by more than five days. Nevertheless, these fees must appear in Illinois lease agreements before tenancies begin.
Eviction Notice Requirements
Consequently, when rent remains unpaid, landlords may issue 5-day notices to quit for non-payment under their lease agreement provisions.
Landlord Entry Rights Under Illinois Lease Agreements
Illinois law doesn’t legally require landlords to give prior notice before entering rental properties. However, providing at least 24 hours’ notice remains highly recommended for maintaining positive tenant relationships. Additionally, after rental units become vacated, property owners must change or rekey access before new tenants move in under state regulations.
Property Maintenance Responsibilities
Landlord Repair Obligations
Initially, landlords must maintain properties in livable conditions while adhering to health and safety standards. Furthermore, property owners must make timely repairs and ensure essential services such as heat, water, and electricity remain maintained throughout tenancy periods.
Tenant Maintenance Responsibilities
Meanwhile, tenants must keep properties safe and clean while using fixtures properly. Additionally, renters must adhere to health and safety codes, avoid causing damage, and notify landlords of necessary repairs under their Illinois lease agreement terms.
Lease Termination and Abandonment Procedures
Finally, when leases face termination, landlords must mitigate damages but cannot claim abandonment based solely on set periods of absenteeism. Moreover, property owners must provide 10-day notices for unpaid utilities by tenants.
How to Terminate an Illinois Lease Agreement
Month-to-Month Tenancy Termination
For month-to-month tenancies, either party can terminate lease agreements by providing written notice at least 30 days before next rent payment dates. This notice period gives both parties adequate time to prepare for tenancy changes.
Unclaimed Property Management Procedures
Regarding unclaimed property, Illinois regulations vary by location. Outside Chicago, no specific statutes exist for handling abandoned belongings. However, within Chicago, landlords must keep left-behind personal belongings for minimum seven-day periods under local Illinois lease agreement regulations.
Key Takeaways for Illinois Lease Agreements
In conclusion, Illinois rental laws provide balanced protections for both landlords and tenants while maintaining reasonable operational flexibility. Additionally, property owners benefit from no rent control restrictions, flexible security deposit amounts, and clear late fee structures. Similarly, tenants enjoy protections through required safety disclosures, interest-bearing deposit accounts for larger properties, and fair repair obligations. Therefore, understanding these Illinois lease agreement requirements helps both parties create successful rental relationships while maintaining compliance with state and local regulations throughout tenancy periods.
Illinois Lease Agreement Legal Statutes
- 765 ILCS 710/1 – Statement of damage
- 765 ILCS 710(c) – Statement of damage
- 765 ILCS 715/1
- 765 ILCS 715/2
- 735 ILCS 5/9-102 – When action may be maintained
- 735 ILCS 5/9-205 – Notice to terminate tenancy from year to year
- 735 ILCS 5/9-207(a) – Notice to Terminate a Week-to-Week Lease
- 735 ILCS 5/9-207(b) – Notice to Terminate a Month-to-Month Lease
- 735 ILCS 5/9-207.5 – Termination of bona fide leases in residential real estate in foreclosure
- 735 ILCS 5/9-209 – Demand for rent – eviction action
- 735 ILCS 5/9-210 – Notice to quit
- 735 ILCS 5/9-213.1 – Duty of landlord to mitigate damages
- 735 ILCS 5/9-318 – Seizure of Crops for Unpaid Rent
- 765 ILCS 705/25 – (Text of Section from P.A. 103-840) Disclosure of potential flooding in rental and lease agreements
- 765 ILCS 735/1.4 – Prohibition on termination of utility service by landlord
- 765 ILCS 750/1 – Short Title
- 765 ILCS 750/5 – Purpose
- 765 ILCS 740/5 – Disclosure of utility payments included in rent
- 765 ILCS 742/5 – Repair; deduction from rent
- 765 ILCS 750/20 – Change of Locks
- 765 ILCS 750/27 – Nondisclosure, Confidentiality, and Privilege
- 765 ILCS 720/1 – [Repealed Effective 1/1/2025]
- 770 ILCS 95/7.10 – Late Fees
- 420 ILCS 46/26 – Disclosure of radon hazard to current and prospective tenants
- 810 ILCS 5/3-806
- 765 ILCS 705/25(b) – Application Fees
- 765 ILCS 710/1.2 –
- 765 ILCS 750/15 – Domestic Violence Situations
- 765 ILCS 735/1.1 – Lanlord’s Duties
- Chicago Municipal Code 5-12-070 – Landlord’s responsibility to maintain
- 760 ILCS 735/1.2 – Tenant’s Duties
- 765 ILCS 720 – Retaliation
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.