Illinois Landlord Tenant Rights
If you are a tenant or landlord in Illinois, knowing your rights and responsibilities can save you money and reduce stress along the way.
The landlord has multiple responsibilities to their tenants, including:
- Radon and lead-based paint disclosures
- Disclosure of shared utility arrangements
- Changing the locks between each tenant’s residency
- Provide units that are habitable and fit for living
- Making requested repairs within 14 days
The landlord is prohibited from engaging in discriminatory or retaliatory conduct
Tenants also have the following responsibilities to landlords:
- Keep the unit in a clean, safe, and undamaged condition
- Complete minor repairs
- Must not disturb other tenants or neighbors
Illinois law doesn’t specify a maximum allowable security deposit amount. The landlord must return the security deposit within 45 days of the tenant moving out either in person or by certified mail. If the landlord fails to do so, the tenant can recover twice the amount plus court costs and reasonable attorney fees.
If the landlord owns 25 or more units, they must pay interest on deposits held for more than 6 months. The interest earnings must be paid out to the tenant every 12 months.
If a portion of the security deposit is being withheld, the landlord must provide the tenant with an itemized list of charges and damages.
Rent and Fees
Landlords can set any amount of rent. They must give a 30 day notice of any rent increases.
The landlord can charge a reasonable late fee, either $20 or 20% of the rent, beginning on the fifth day after the rent is due.
Landlords can pursue evictions in the following cases:
- Nonpayment of rent
- Violation of lease terms
- Lease termination
- Illegal acts
If the landlord and tenant have an annual lease, 60 days written notice must be given to terminate the lease. If the lease is month-to-month, the notice is 30 days. Finally, if the lease is week-to-week, a 7-day notice is required.
For nonpayment of rent, the landlord must give the tenant a 5-day notice to either pay or move out. For violation of the lease, the landlord is required to give the tenant a 10 day notice.
Lease Termination Notice
A tenant can terminate the lease early for special circumstances involving domestic violence, sexual assault or sexual abuse. The landlord has the right to request proof of the special circumstance. They can also terminate a lease early if there is an early termination clause, they are on active military duty, or the unit is uninhabitable. The tenant may be held responsible for the remainder of the lease, as the landlord does not have a duty to mitigate damages by re-renting the premises.