Tenant Rights in Illinois

Illinois is a great state with a wide array of diverse cities. The rental market sizing here differs from town to town: we have a huge market in Chicago and smaller ones in all other cities, as only the ‘Windy City’ can brag about its 2 mln population.

However, it doesn’t really matter whether you live in a small city or a big one. We all should know our rights as tenants, and our today’s article will disclose the tenant rights in Illinois, so you could always be prepared for any situation you might encounter during your rental journey.

Read our extensive guide and discover thousands of apartments for rent in Illinois on Rentberry!

Rental Application

Any Illinois landlord is allowed to charge you the application fee. The thing is, the law doesn’t specifically state what is the maximum amount of this fee, so it’s really up to your potential landlord. Also, make sure you understand that this fee is non-refundable according to state law.

The rental agreement under Illinois state tenant law can be either oral or written. Both forms are allowed, but it’s wiser and more practical to compile a written lease, so you wouldn’t have to deal with the ins and outs of the oral agreement.

Security Deposit

Pet deposit maximum: not indicated
Security deposit maximum: not indicated
Security deposit interest: if a landlord owns 25 or more unit
Return deposit deadline: 45 days
Itemized list of charges and damages: required
Legal reasons to keep security deposit: to cover unpaid rent and damage beyond normal wear and tear

State laws do not indicate the maximum amount of security and pet deposits, so your landlord can decide what amount is reasonable on their own. Also, you should note that Illinois listings often ask for the ‘move-in fee’ instead of the security deposit.

The main difference here is that the fee usually turns out to be lower than the security deposit since it’s not intended to serve as a security payment against damage or unpaid rent.

Once your landlord gathered the security deposit, they have to provide you with the name and address of the bank where they decide to hold the money. This information should be clearly stated in the lease agreement. Otherwise, you will be able to charge your landlord the amount of two security deposits as well as attorney fees.

When it comes to interest, not every deposit will generate it. If your landlord owns twenty-five or more units, they must pay the interest on every deposit held for six months and more. The rate will be the same as the one for the savings accounts. The earnings should be paid to the tenant once every twelve months.

Any damage deductions from the security deposit should be made in accordance with the itemized list. The landlord must file the list within thirty days of the date you move out, and they are required to pay your deposit back within forty-five days.

Security and Comfort

Smoke alarms: required
CO detectors: required
Rekey requirements: locks must be changed between renters
Maximum deductible cost of repairs: $500

Illinois landlord-tenant law states that the landlord should change the locks every time the old tenant leaves and the new one moves in. That’s why you can always make sure and ask before moving in if there’s a new lock in your front door.

When it comes to smoke alarms, the Illinois legislation states that a rental property should have one smoke detector 15 feet within each room used for sleeping.

Also, it is legally allowed for tenants to deduct the costs of the repairs from rent, but the amount cannot exceed $500. As you could have guessed, not every maintenance cost can be subtracted from the rent. First of all, you have to notify the landlord if there is a need for repair (this is also one of your main renter responsibilities). If they don’t perform essential reparations within 14 days, and the repair is required either under law or under your lease agreement, it is possible for you to handle the problem by yourself and deduct the cost from the rent.

Rental Payments

Maximum rent: not indicated
Rent increase: 30 days
Late fees: $10 per month (+5% per month if the amount exceeds $500)
Right to withhold rent for failure to provide essential services (such as water, heat, etc.): allowed
Tenant’s right to repair and deduct rent: yes, but the cost of repairs must not exceed one-half of the rent or $500

Illinois state has a ban on rental pricing control. It means that as of today, the maximum rent amount is not stated in any law, so landlords can ask for any price they want.

All rent increase notifications must be given at least 30 days before the increase takes place. But if you are late with the rent payment this month, be ready to pay $10 additionally if the rental unit price is $500 or cheaper. When the amount exceeds $500, you should pay $10 + 5% per month.

If your landlord decides to file for the eviction, you’ll have 5 days to pay everything up. However, if you’re sure that your landlord is charging you the late fee illegally and claims that you didn’t pay right in time when you did, you’ll be entitled to get two month’s rent and attorney fees compensated.

Lease Terminations

Notice to terminate lease: depends on the reason (read below)
Eviction notice for not paying rent: 5 days

There are several reasons for lease termination that can be activated during the rental period. They are:

• Non-payment of rent – 5 days notice
• Breach of one of the lease terms – 10 days notice
• Termination of the non-written lease – 30 days notice

When your landlord tries to terminate the lease due to the non-payment of rent, you have a chance to argue and claim that you did not pay the rent due to the needed repairs and defects of the place. However, make sure the issue is making the unit unsafe or unfit for living.

You must also give 14 days written notice about such defects to your landlord, so they would have a chance to resolve these issues.

Roommates Rights

Subletting: allowed (unless the lease states the opposite)
Responsibility to cover roommate’s part of rent: yes

The subletting is allowed according to the state laws, but statistics show that the landlords are not so eager to agree to sublet in reality. Many renters discover that subletting is forbidden in the actual lease agreement.

If you’re certain that your homeowner is totally okay with the subletting, you can do it. But you must always remember that, by law, if your roommate moves out without paying their part of the rent, you’re responsible for the total amount of rental payment.

Rights Related to Landlord Disclosures

While you discuss the rental agreement with your landlord, you should remember that all concessions should be written down in the special section. The section should have a headline ‘Concession Granted’ and these words should be written in letters not less than one-half inch in height.

If your landlord divides the utility bills into parts between roommates, they must provide you with the exact formula that allocates the payments among tenants.

Landlords are not obligated to test their place for radon, but if they learn that the hazard is real, they must inform you about this. Also, you should be informed if the lead paint is used in the building and what are the heat utility costs prior to signing the agreement.

Illinois General Assembly
Office of the Illinois State Fire Marshal

Disclaimer: Although we have relied on Official State Statutes and other credible sources to find and analyze information for this post, you’re advised to use it as a starting point only, and do not consider this article a substitute for legal advice. Some situations are unique, and it is always better to consult with a qualified lawyer or appropriate government agencies.

Chicago, IL