{"id":373157,"date":"2017-09-08T01:00:00","date_gmt":"2017-09-08T06:00:00","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/illinois-law\/illinois-tenant-rights-laws.html"},"modified":"2017-09-08T01:00:00","modified_gmt":"2017-09-08T06:00:00","slug":"illinois-tenant-rights-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/illinois-law\/illinois-tenant-rights-laws.html","title":{"rendered":"Illinois Tenant Rights Laws"},"content":{"rendered":"\n
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Illinois Tenant Rights Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

From Chicago to Carbondale, renters in Illinois are familiar with the wide array of issues that can arise during a given tenancy. Thankfully, there are many federal, state, and local laws designed to govern the landlord-tenant relationship<\/a>, in addition to the terms of your rental contract. Read on to learn more about Illinois tenant rights laws and how they can help you.<\/p>\r\n

Discrimination, Security Deposits, Repairs, and More<\/h2>\r\n

While the terms of your lease will define some of your rights and responsibilities, Illinois state law provides protections beyond those terms. For example, landlords may not refuse to rent<\/a> to you based on your race or disability. They must also abide by the implied warranty of habitability<\/a>, which means they have to provide a unit that is fit for living in, free from hazardous conditions, and in compliance with local building and health codes.<\/p>\r\n

There are also several laws governing the ways in which a tenancy can be terminated. For one thing, appropriate notice must be given, depending on whether you have a lease or a periodic tenancy, such as a month-to-month agreement. In many cases, your landlord is also required to return your security deposit<\/a> within 45 days after you move out, or give you an itemized list of lawful deductions within 30 days. Lastly, all landlords must follow strict rules for attempting to evict a tenant, including notice requirements and obtaining a court order.<\/p>\r\n

Illinois Tenant Rights Laws at a Glance<\/h2>\r\n

The following chart provides a summary of Illinois state laws regarding the landlord-tenant relationship, including links to key statutes.<\/p>\r\n\r\n

Statutes<\/b><\/p>\r\n<\/td>\r\n

Security Deposits<\/b><\/p>\r\n<\/td>\r\n

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  • No statewide limits<\/li>\r\n
  • Security deposit must be fully refunded within 45 days after tenant moves out (with interest in some cases) if complex has five or more units and tenant:
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    • Doesn’t owe any back rent<\/li>\r\n
    • Hasn’t damaged the unit<\/li>\r\n
    • Cleaned the unit before moving<\/li>\r\n<\/ul>\r\n<\/li>\r\n
    • Landlord has 30 days to provide itemized statement of damages and receipts if refusing to refund all or part of the security deposit.<\/li>\r\n
    • Part or all of security deposit may be used for:
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      • Rent owed by tenant<\/li>\r\n
      • Damages to rental beyond normal wear and tear<\/li>\r\n<\/ul>\r\n<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Paying Rent<\/b><\/p>\r\n<\/td>\r\n

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  • May not raise rent during lease term (e.g. 1 year lease); may raise rent upon lease renewal<\/li>\r\n
  • May raise rent during periodic rental agreement
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    • Month-to-month: 30 days’ notice<\/li>\r\n
    • Week-to-week: 7 days’ notice<\/li>\r\n<\/ul>\r\n<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Living Conditions<\/b><\/p>\r\n<\/td>\r\n

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  • See local ordinance for landlord’s right of access<\/li>\r\n
  • Landlord must keep unit fit to live in, including making repairs in compliance with lease, law, local regulations, etc.<\/li>\r\n
  • Tenant may make certain types of repairs and deduct cost from rent after giving landlord 14 days’ notice (except in emergency); exceptions apply<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Discrimination<\/b><\/p>\r\n<\/td>\r\n

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  • No discrimination based on race, color, religion, national origin, ancestry, sex, marital status, or disability<\/li>\r\n
  • No discrimination against tenants with children<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Ending or Renewing a Tenancy<\/b><\/p>\r\n<\/td>\r\n

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  • Landlord must give written notice to terminate the tenancy:
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    • Month-to-month: 30 days<\/li>\r\n
    • Year-to-year: 60 days<\/li>\r\n
    • Lease: according to lease terms<\/li>\r\n
    • Eviction: 5 days for failure to pay rent; 10 days for violating lease<\/li>\r\n<\/ul>\r\n<\/li>\r\n
    • Eviction: By court order only<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Retaliation<\/b><\/p>\r\n<\/td>\r\n