Illinois Landlord Tenant Rental Laws & Rights for 2024

This guide provides a comprehensive overview of Illinois landlord-tenant laws, including the rights, responsibilities, and legal remedies available to both tenants and landlords. We cover all aspects of renting in Illinois - from leases and rental agreements to security deposits, discrimination protections, repairs and habitability requirements, and the eviction process. 

Whether you are a first-time renter learning the basics or a seasoned landlord looking for a reference, this guide aims to help you understand Illinois rental laws and regulations. We summarize key statutes, recent legal changes, and prohibited practices that all renters and rental property owners in Illinois should know.

Throughout the guide, we include examples, FAQs, and tips to make the law easy to apply to real-world rental situations. Our goal is to educate both tenants and landlords on how to have a successful and lawful landlord-tenant relationship in Illinois. By understanding each party's rights and responsibilities under Illinois law, many disputes can be avoided.

While we strive to provide accurate legal information, this guide should not be used as a substitute for professional legal advice. For authoritative interpretations of the law and assistance in handling specific disputes, both landlords and tenants should consult a qualified Illinois landlord-tenant attorney.

Tenant's Rights and Responsibilities

As a tenant renting property in Illinois, you have certain rights and responsibilities that are protected under state law. Here are some of the key rights tenants have:

Right to Habitability

Tenants have the right to a livable, safe, and sanitary apartment. The unit must comply with all applicable housing codes and be fit for occupancy. If the landlord fails to maintain the property in a habitable condition, tenants have remedies such as repair and deduct, rent abatement, or lease termination.

Right to Quiet Enjoyment

Landlords must allow tenants to peacefully occupy their home. They cannot disturb or harass tenants.

Right to Privacy

Landlords must give proper notice before entering rental units, generally 24 hours. They cannot abuse access rights or intrude on tenants' privacy.

Right to Fair Housing

Landlords cannot discriminate against tenants based on race, gender, religion, familial status, disability, etc. 

Along with these rights, tenants also have responsibilities:

Pay Rent on Time

Tenants must pay rent in full and on time, as outlined in the lease agreement. Late fees can be charged for overdue rent.

Properly Maintain Unit

Tenants must keep the unit clean, avoid damaging it, and use appliances and facilities properly. Tenants may be liable for any damages they or guests cause.

Comply with Lease Terms

Tenants must abide by all terms of the lease, including occupancy limits, smoking policies, pet policies, noise restrictions, etc. Violations can lead to eviction.

Avoid Disturbing Neighbors

Tenants must control noise levels and avoid disruptive behaviors. Landlords can evict tenants who repeatedly disturb neighbors.

Notify Landlord of Repairs

Tenants should promptly notify the landlord of any maintenance issues or necessary repairs in the unit.

Obtain Approval for Alterations

Tenants generally need the landlord's written approval before painting, installing fixtures, or making any changes to the unit.

Landlord's Rights and Responsibilities

Landlords in Illinois have a number of rights and responsibilities that are important to understand. Here are some of the key ones:

Collecting Rent

Landlords have a right to collect rent from tenants as outlined in the lease agreement. This includes collecting monthly rent payments on time as well as any fees for late rent, returned checks, or other costs specified in the lease. 

Making Repairs 

Landlords are required to maintain rental units in compliance with state and local housing codes. This means making necessary repairs to keep the property habitable and addressing any urgent issues like no heat or hot water. Landlords must respond promptly to repair requests from tenants.

Providing Notice Before Entry

Landlords in Illinois must provide "reasonable notice" before entering rental units, unless it's an emergency. Usually 24-48 hours notice is considered reasonable for non-emergency entries. The purpose and time of entry should be stated. 

No Discrimination

Landlords cannot refuse to rent to or treat tenants differently based on race, color, religion, sex, national origin, ancestry, age, order of protection status, marital status, physical or mental disability, military status, sexual orientation, pregnancy, or unfavorable military discharge. Discriminatory rental practices violate state and federal fair housing laws.

Leases and Rental Agreements

A lease is a legally binding rental contract between a tenant and landlord that establishes the terms of the rental arrangement. In Illinois, leases can be either fixed-term or month-to-month agreements.

Requirements for a Valid Lease 

For a lease to be valid in Illinois, it must include certain provisions:

• Names of the landlord and tenant(s)
• Address of the rental unit  
• Amount of monthly rent
• Duration of the lease term  
• Signature of both parties and date signed

Verbal agreements are still legally binding, but having a written lease protects both parties if disputes arise. 

Fixed-Term vs. Month-to-Month Leases

With a fixed-term lease, the tenancy lasts for a set period, typically 6 months or 1 year. The rent cannot be increased during the lease term unless specifically stated in the contract. Fixed-term leases automatically terminate on the ending date, unless the landlord and tenant agree to renew for another term. 

Month-to-month leases have no end date and renew automatically each month. To terminate, either party must provide proper written notice (typically 30 days). The landlord can increase the rent with 30 days notice. Month-to-month leases offer more flexibility but less security.

Changes and Lease Termination Notices 

If the landlord or tenant wishes to change the terms of the lease, like increasing the rent, they must send proper written notice as specified in the agreement. The amount of notice required depends on the type of lease:

• Fixed-term leases: Changes can only be made after the lease term ends, unless otherwise allowed in the contract. Proper notice is still required to terminate or choose not to renew the lease.
• Month-to-month leases: The landlord must provide 30 days written notice to increase rent or make other changes. The tenant must give 30 days notice to terminate the lease or move out.

If a tenant continues living in the unit after a fixed-term lease ends and no new agreement is signed, it automatically becomes a month-to-month lease.

Rent Increases 

In Illinois, landlords must provide tenants with proper written notice before increasing rent, but there are no rent control laws that limit how much landlords can raise rents.

Written Notice Required

Landlords in Illinois must provide tenants with 30 days of advance written notice before increasing rent on a month-to-month rental agreement. For lease agreements with a fixed term, rent cannot be increased during the term unless specifically allowed by the lease. 

If the landlord provides the required written notice, they can increase the rent by any amount. There are no laws in Illinois limiting how much a landlord can raise the rent. The notice must state the new increased amount of rent and the date when it takes effect.

No Rent Control 

Illinois does not have any statewide rent control or rent stabilization laws that limit how much landlords can increase rents each year. Cities and counties in Illinois are also prohibited from enacting rent control ordinances. 

There have been efforts to repeal the statewide ban on local rent control laws, but so far these have not succeeded in the state legislature. Unless this changes in the future, landlords will continue to have broad discretion when it comes to raising rents.

Limits on Frequency

While Illinois landlords can raise rents by any amount with proper notice, they are limited in terms of how frequently they can increase rents within a single 12-month period:

• For week-to-week tenancies, rent cannot be increased more than once every 7 days. 
• For month-to-month tenancies, rent cannot be increased more than once per month.
• For lease terms longer than 2 months, rent can only be increased once within the first 90 days of the lease term.

These provisions prevent landlords from raising rents multiple times in quick succession. But as long as proper notice is provided, any amount of increase is legally allowed.

Security Deposits

Security deposits are funds that tenants pay to landlords at the beginning of a lease to provide financial protection in case the tenant violates lease terms or causes damage. Illinois law regulates how much landlords can charge for security deposits as well as placing requirements around holding and returning them.

Maximum Amounts

Illinois landlords can charge a security deposit up to 1.5 times the monthly rent. For example, if the monthly rent is $1,000, the maximum security deposit would be $1,500. Landlords cannot require a deposit that exceeds 1.5x rent.  

Interest Payments 

If the landlord holds the security deposit for more than 6 months, they must pay the tenant 5% interest each year on the deposit amount. This ensures that tenants receive a fair return on their deposit when it is held long-term.

Return Timeline

Within 30 days after the tenant moves out, the landlord must return the full security deposit with interest, unless they provide an itemized statement of deductions for damages or unpaid rent. If deductions are taken, the remaining deposit balance must still be returned within 30 days. If a landlord fails to return or account for the deposit in 30 days, the tenant can sue for twice the amount wrongfully withheld.

Evictions 

In Illinois, landlords must follow a specific legal process to evict a tenant. They cannot simply lock a tenant out or forcibly remove them.

There are certain valid reasons that a landlord can evict a tenant in Illinois:

• Failure to pay rent  
• Violation of the lease or rental agreement  
• Damage to the property
• Engaging in criminal activity 

The eviction process begins with the landlord providing proper written notice to the tenant. For nonpayment of rent, a 5-Day Notice must be served stating the amount owed. The tenant then has 5 days to pay the rent or vacate. 

For other lease violations, a 10-Day Notice must be served asking the tenant to remedy the violation or move out in 10 days. Examples include having an unauthorized pet, guest, or appliance.

If the tenant fails to comply with the notice, the landlord can file an eviction lawsuit with the circuit court. The tenant will receive a summons with a court date where both parties can present their case. 

If the judge rules in the landlord's favor, they will receive an eviction order. This authorizes the county sheriff to remove the tenant and their belongings if they fail to vacate by the deadline.

The entire legal eviction process usually takes 2-3 weeks at minimum in Illinois. Landlords cannot attempt "self-help" evictions by changing the locks, shutting off utilities, or forcibly removing a tenant.

Discrimination

Illinois has comprehensive fair housing laws to protect renters from discrimination. Under state and federal law, landlords cannot refuse to rent, charge higher rents, or treat tenants differently based on protected characteristics such as:

• Race
• Color  
• Religion
• Sex
• National origin
• Familial status (having children)
• Disability 
• Marital status
• Sexual orientation
• Gender identity
• Age
• Military discharge status

Landlords also cannot harass or retaliate against tenants who assert their fair housing rights. 

Some examples of unlawful discrimination include:

• Refusing to rent to families with children
• Charging higher security deposits for tenants with disabilities
• Evicting a tenant because of their race or religion
• Sexual harassment by a landlord

If a renter believes they have experienced housing discrimination, they can file a complaint with the Illinois Department of Human Rights within one year of the incident. Complaints can be submitted online or by calling the IDHR.

The agency will investigate the allegations and can help mediate a resolution. If discrimination is found, the IDHR may award damages to the complainant and require the landlord to undergo fair housing training. 

Renters who have experienced discrimination can also file a lawsuit in state court within two years under the Illinois Human Rights Act. Remedies may include economic damages, punitive damages, and attorney's fees.

Having strong legal protections against discrimination ensures equal access to housing for all Illinois residents. Renters should understand their fair housing rights and report any suspected discriminatory practices.

Repairs and Habitability

Under Illinois law, landlords are responsible for maintaining rental properties in habitable condition. This means the unit must meet basic standards for health and safety. At a minimum, landlords must provide:

• Running water and reasonable amounts of hot water 
• Proper plumbing and sewage disposal
• Adequate heat during cold months
• Electrical and lighting systems
• Clean and sanitary building and grounds 
• Effective weather protection, such as a roof, windows, and doors
• Working smoke detectors and carbon monoxide detectors

Landlords are required to make any repairs needed to keep the rental property habitable. Tenants should notify the landlord in writing of any maintenance issues or necessary repairs. 

If a landlord fails to make repairs in a reasonable time, tenants have several remedies:

Repair and deduct:

Tenants can hire a licensed contractor to make repairs, then deduct the costs from future rent payments. Tenants should keep receipts and notify landlord before deducting.

Rent abatement:

Tenants can withhold a portion of rent if landlord fails to make needed repairs within a reasonable time. This should continue until repairs are made. 

Lease termination:

If repairs are needed to ensure habitability, and landlord fails to make them within a reasonable time, tenants can terminate the lease. Proper notice must be given to the landlord.

Damages:

Tenants can sue landlords for damages if the failure to make repairs impacted the use of the unit or caused injury or illness.

Some common habitability issues include insect/rodent infestations, mold due to leaks or moisture issues, inadequate heat, and lack of hot water. Landlords can face significant penalties if they ignore health and safety hazards. Tenants should thoroughly document any repair issues.

Legal Resources

There are several organizations and agencies in Illinois that provide legal resources for both tenants and landlords to understand their rights and responsibilities.

Government Agencies

The Illinois Attorney General's office has a renters' rights website covering security deposits, evictions, discrimination, and more. Tenants and landlords can file complaints with the attorney general for violations of state laws. 

The Illinois Department of Human Rights enforces state and federal anti-discrimination laws that apply to housing. Tenants can file housing discrimination complaints with the department if they believe they have been denied housing for discriminatory reasons.

Advocacy Groups

The Metropolitan Tenants Organization (MTO) provides free tenant counseling services and helps renters understand their rights. They have tenant unions and work to reform state rental laws.

Lawyers' Committee for Better Housing offers free legal advice and representation for low-income tenants in Chicago facing eviction or poor living conditions. They advocate for the rights of renters.

Renter/Landlord Associations

The Apartment Association of Greater Chicago represents the interests of landlords and property managers in the Chicago area. They provide educational resources on fair housing laws, security deposits, and more.

The Chicago Tenants Rights Organization helps connect and educate tenants by hosting free monthly meetings. They discuss issues like repairs, harassment, organizing rent strikes, and the eviction process.

Frequently Asked Questions

What can landlords not do in Illinois?

Landlords in Illinois cannot discriminate against tenants, retaliate for reporting health or safety violations, or evict tenants without proper legal procedures.

What is the new law for landlords in Illinois?

Recent laws in Illinois include the COVID-19 Emergency Housing Act, which provides protections for renters affected by the pandemic, and amendments to the Illinois Human Rights Act expanding protections against housing discrimination.

What are the rights of a tenant without a lease in Illinois?

Tenants without a lease in Illinois, also known as month-to-month tenants, have the right to a habitable living environment and must receive proper notice (30 days) before eviction or rent changes.

How much notice does a tenant have to give a landlord to move out in Illinois?

Tenants in Illinois must give at least 30 days' notice to the landlord to terminate a month-to-month tenancy.

What is the landlord Retaliation Act in Illinois?

The landlord Retaliation Act in Illinois prohibits landlords from retaliating against tenants who exercise their legal rights, such as reporting code violations or joining a tenants' union.

How long does a landlord have to fix something in Illinois?

Illinois law requires landlords to make necessary repairs within 14 days after being notified by the tenant, or sooner if it's an emergency.