Elijah Grant
Illinois landlord-tenant laws outline the rights and responsibilities of both parties and cover topics such as screening tenants, eviction procedures, rent collection, security deposits, and building code compliance. While these laws provide a framework, it's important to note that specific regulations can vary across municipalities and counties within Illinois. For instance, rental license requirements may depend on the location and type of property, as seen in the case of Cook County's mandate for landlords to possess a rental license for operating four or more units. Understanding the legal nuances is essential for both landlords and tenants to ensure a smooth rental process and maintain compliance with local ordinances.
| Characteristics | Values |
|---|---|
| Rental license requirement | In Illinois, landlords must possess a rental license to operate four or more units. |
| Lease agreement requirements | A lease agreement can be written or oral, but it is recommended to have it in writing to avoid future misunderstandings. Typical terms include a description of the property, the parties involved, the length of the rental, the rent amount, and payment deadlines. |
| Tenant requirements | Tenants must provide a valid ID and proof of income when renting a property. Landlords may also request rental, employment, credit, criminal history, and references. |
| Eviction process | Landlords must follow a formal eviction process, which typically includes serving a notice (commonly five days for non-payment of rent) and then commencing eviction proceedings if the issue is not resolved. |
| Discrimination laws | Fair housing laws prohibit landlords from discriminating against tenants based on race, religion, sex, national origin, gender identity, disability, or familial status. |
| Rental application fee | Landlords can charge a rental application fee, but they must also allow tenants to issue complaints without retaliation. |
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What You'll Learn
Residential rental licenses in Cook County
On June 29, 2016, the Cook County Board of Commissioners passed the Rental Dwelling Ordinance, which came into effect on January 1, 2017. The ordinance requires the owners of multi-unit buildings with four or more units to obtain a Residential Rental License. The Residential Rental License is required for each rental dwelling unit, including condominium units, in buildings with four or more units.
The Cook County Department of Building and Zoning is responsible for ensuring that residential rental units comply with the minimum standards of habitation, occupancy, construction, maintenance, proper use, and appearance, as well as with the building and zoning codes adopted by Cook County. An interior inspection of the residential rental unit is also required as part of the licensing process.
The Residential Tenant Landlord Ordinance (RTLO) provides additional protections for renters and landlords in Cook County. The RTLO includes provisions such as anti-lockout measures, which prohibit landlords from locking out tenants without following the proper eviction process through the court. It also establishes rules for security deposit deductions, landlord access to the property, and protection against property destruction.
In Cook County, tenants have rights and protections under the law. For example, landlords must provide notice before increasing rent, and they must follow the proper eviction process, which includes serving a five-day notice in case of non-payment of rent. Tenants can seek free legal help if they are facing eviction or have other legal issues related to their tenancy.
It is important to note that laws and regulations can vary between municipalities and counties in Illinois. Therefore, it is always advisable to consult with an attorney or the relevant municipality or county office to obtain the most accurate and up-to-date information regarding rental licenses and tenant-landlord laws in Cook County.
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Rental requirements for tenants
In Illinois, tenancies are commonly in writing and referred to as leases. Oral agreements, while less common, are typically considered month-to-month tenancies, with the period determined by the frequency of rental payments (e.g., week-to-week, month-to-month, or year-to-year). It is important to note that oral agreements can be challenging to enforce, and it may be difficult to determine the exact terms. Therefore, it is advisable to put agreements in writing to avoid future misunderstandings.
When it comes to rental increases, landlords in Illinois must provide notice to tenants. The notice period depends on the tenancy type: seven days for week-to-week tenancies, 30 days for month-to-month tenancies, and 90 days for mobile home parks. However, certain municipalities and counties in Illinois may require landlords to give a longer notice period, so it is essential to consult local regulations.
Non-payment of rent is the most common breach of a lease. In such cases, landlords must serve a five-day notice to the delinquent tenant before commencing eviction proceedings. If the tenant pays the full amount of rent demanded within those five days, the landlord cannot proceed with the eviction. Additionally, landlords in Illinois do not have the right to self-help and must file for eviction to remove a tenant from the premises.
Tenants should be aware that failing to vacate the premises at the end of the lease term may result in liability for double rent during the holdover period if it is deemed willful. Additionally, tenants who damage the premises can be sued by the landlord for repairs. It is also important to note that under the federal Fair Housing Act and Illinois law, it is unlawful for a landlord to discriminate against tenants or prospective tenants based on race, religion, sex, national origin, source of income, or having children under 14 years old.
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Landlord-tenant laws
The landlord-tenant relationship in Illinois arises from a written or oral agreement, allowing the tenant to occupy the landlord's real estate in exchange for rent. While the law doesn't mandate any specific clauses, leases typically include a description of the property, the rental price, and the payment schedule.
In Illinois, landlords have the right to collect rent and use security deposits to cover damages beyond normal wear and tear, unpaid utilities, or rent. They are also required to return security deposits within 30 to 45 days after a tenant moves out. Notably, landlords with 25 or more units in a building or complex must pay interest on these deposits.
Landlords are expected to provide habitable units that comply with local housing laws and make requested repairs within 14 days. If they fail to do so, tenants may make the repairs themselves and deduct the costs from their rent payments.
Illinois law prohibits landlords from discriminating against tenants or potential tenants based on religion, nationality, sex, ancestry, race, colour, disabilities, marital status, or income source and amount. Additionally, landlords cannot refuse to lease a unit or change rental terms on these discriminatory grounds.
If a tenant fails to pay rent, the landlord must serve a five-day notice before commencing eviction proceedings. If the tenant pays the full amount within those five days, the landlord cannot proceed with eviction.
Tenants who remain in the leased premises after their lease ends may be liable for double rent during the holdover period if it is deemed willful. They may also be evicted, and the landlord can sue for any damages caused to the premises.
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Discrimination laws
Illinois's discrimination laws are designed to ensure equal access to habitable housing for all renters. These laws cover most housing situations and prohibit landlords from discriminating against tenants based on gender identity, sexual orientation, disability, race, and other factors.
Prohibited Discrimination in Housing
Landlords in Illinois are prohibited from engaging in various unfair practices, such as refusing to rent or charging more to individuals based on their membership in a protected class. This includes misrepresenting the availability of a property for rent or sale, steering prospective tenants to different locations than their preferred area, or altering the terms and conditions of the rental agreement based on protected characteristics.
Reasonable Accommodations
Landlords in Illinois are required to make reasonable adjustments to rental properties for disabled tenants. For example, providing a designated parking space close to the unit for someone who uses a walker. Landlords must also ensure that their employees receive training on how to advertise rentals, screen tenants, and select tenants without discriminating.
Consequences of Discrimination
Tenants or applicants who feel they have been discriminated against can contact the Illinois Tenant Rights Hotline and/or file a charge with the Illinois Department of Human Rights (IDHR). Landlords who violate fair housing practices may be ordered to cease and desist, permit the complainant to occupy the unit, and pay damages and legal fees to the complainant. Additionally, landlords may be required to pay the state between $16,000 and $70,000 in penalties.
Other Protected Areas
The Act in Illinois also prohibits discrimination in the full and equal enjoyment of public accommodations, such as businesses, recreation, lodging, entertainment, or transportation facilities open to the public. It also covers state or local government facilities and educational institutions. All Illinois residents have the right to equal access to services provided by public officials, such as city services and police and fire department services.
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Lease agreements
Terms of the Lease Agreement:
The lease agreement should include a detailed description of the property, specifying the address and the exact unit or space being rented. It should also identify the parties involved, naming the landlord and the tenant or tenants. Additionally, the lease should outline the length of the rental contract, specifying the start and end dates of the tenancy.
Rent and Payment:
The amount of rent charged and the payment deadlines should be clearly stated in the lease agreement. It is common to include the frequency of rent payments, such as monthly or bi-monthly. The lease may also specify the accepted methods of payment, such as cheque, bank transfer, or cash.
Security Deposits:
Landlords in Illinois are permitted to charge a security deposit to protect themselves from potential damages to the rental property or unpaid rent. The amount of the security deposit should be outlined in the lease agreement. Landlords are required to return the security deposit or any unused portion within a specified timeframe after the tenant vacates the premises.
Maintenance and Repairs:
Entry and Privacy:
The lease agreement should outline the procedures for the landlord to enter the rental property. Landlords are generally required to provide advance notice, except in cases of emergency. The lease may also specify the circumstances under which the landlord can enter the property, such as for repairs, inspections, or showing the property to potential tenants.
Termination and Eviction:
The terms of termination, including the required notice period, should be clearly stated in the lease agreement. In Illinois, landlords must follow a formal eviction process to remove tenants. For example, in the case of non-payment of rent, landlords must serve a five-day notice before commencing eviction proceedings. Understanding the legal requirements and protections for both landlords and tenants in Illinois is essential when drafting lease agreements. These agreements serve as a foundation for a mutually beneficial relationship and help prevent disputes.
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Frequently asked questions
No specific license is mentioned in the Illinois state guidelines. However, landlords must ensure their rental properties are habitable and comply with building codes and health ordinances.
The exact legal requirements for rental properties vary by municipality. For example, in Aurora, 70 square feet of sleeping space is required per person, whereas Chicago requires 125 square feet total for one person.
While no particular words are necessary to create a lease, it should generally include a description of the property, the parties to the lease, the length of the rental contract, the amount of rent charged, and payment deadlines.
Fair housing laws in Illinois prohibit landlords from discriminating against tenants based on gender identity, disability, race, religion, or national origin. Landlords must also fairly advertise their rental units and treat each tenant equally.
