Illinois Residential Lease Agreement

Important Information for Illinois Landlords

Illinois Rental Law Highlights

Security Deposits (765 ILCS 710 – Security Deposit Return Act)

• No Maximum Amount: Illinois does not limit security deposit amounts (Chicago has specific limits)
• Return Timeline: 30 days for buildings with 4 or fewer units; 45 days for buildings with 5+ units
• Itemization Required: Must provide itemized statement of deductions with actual costs
• Normal Wear and Tear: Cannot deduct for ordinary wear and tear
• Interest Requirements: For buildings with 25+ units, must pay interest on deposits held 6+ months (rate varies)
• Penalties: Failure to comply can result in twice the deposit amount plus court costs/attorney fees
• Move-In Checklist: Landlord must provide detailed move-in condition statement

Chicago-Specific Security Deposit Rules (RLTO)

• Maximum Deposit: Cannot exceed 1.5 times monthly rent for unfurnished, 2 times for furnished
• Interest Required: Must pay interest annually or credit toward rent (Chicago rate set annually)
• 45-Day Return: Must return within 45 days with itemized statement
• Move-In/Move-Out Inspection: Must provide receipts for any deductions over $100
• Treble Damages: Can be liable for 2x deposit plus attorney fees for violations

Rent and Rent Increases

• No Rent Control: Illinois prohibits rent control (except Chicago’s limited protections)
• Notice Requirements: No notice required for fixed-term lease expiration
• Month-to-Month: 30 days written notice required for termination or rent increase
• Late Fees: Must be reasonable; typically $50 or 5-10% of rent
• Grace Period: Not required by state law
• Chicago RLTO: Rent increases limited for certain units; notice requirements apply

Required Disclosures

• Lead-based paint disclosure (pre-1978 properties) – Federal requirement
• Radon disclosure (Illinois Radon Awareness Act)
• Security deposit bank information and interest rate (buildings with 25+ units)
• Summary of RLTO ordinance (Chicago only)
• Building code violations (Chicago only)
• Smoke detector and carbon monoxide detector information
• Utility payment responsibility
• Owner/agent contact information
• Bedbug history (recommended)

Heating Requirements (765 ILCS 735/1.2)

• Minimum Temperature: 68°F from 8:30am to 10:30pm
• Overnight: 66°F from 10:30pm to 8:30am
• Heat Season: September 15 through June 1
• Landlord Responsibility: Must provide adequate heat during this period
• Chicago: Additional requirements under municipal code

Eviction and Termination (735 ILCS 5/9)

• 5-Day Notice: For nonpayment of rent (demand for payment)
• 10-Day Notice: For lease violations (with opportunity to cure if curable)
• 30-Day Notice: For month-to-month termination (either party)
• Written Notice Required: All notices must be in writing
• Forcible Entry and Detainer: Court proceeding required for eviction
• No Self-Help: Lockouts and utility shutoffs are illegal
• Chicago RLTO: “Just cause” required for eviction in some cases

Landlord Obligations (765 ILCS 705/0.01 – Safe Homes Act)

• Habitability: Must comply with building and housing codes
• Essential Services: Running water, hot water, heat, electricity
• Structural Soundness: Roof, walls, floors in good repair
• Pest Control: Must maintain premises free from rodents and insects
• Smoke/CO Detectors: Must install and maintain working detectors
• Common Areas: Must keep in safe and clean condition
• Prompt Repairs: Must make repairs within reasonable time

Tenant Rights and Protections

• Implied Warranty of Habitability: Landlord must maintain livable conditions
• Retaliation Protection: Cannot retaliate for complaints or organizing
• Right to Repair: Can repair and deduct under certain conditions
• Privacy Rights: Landlord must give reasonable notice before entry
• Safe Housing: Protection from unsafe conditions
• Domestic Violence Protections: Early termination rights for victims

Chicago Residential Landlord Tenant Ordinance (RLTO)

Key RLTO Provisions

• Security Deposit Limit: 1.5x monthly rent (unfurnished), 2x (furnished)
• Interest on Deposits: Must pay interest annually at city-set rate
• Receipt Requirements: Receipts for deductions over $100
• Just Cause Eviction: Cannot evict without valid reason
• Rent Increase Notice: 30-day notice for increases under 5%, 60 days for 5%+
• Prohibition on Fees: Cannot charge certain fees (move-in/move-out, late fees over $10 for first 5 days)
• Summary of Rights: Must provide RLTO summary in English and other languages
• Building Code Violations: Must disclose known violations

Pet Policies

• Pet Deposits: No state limit (Chicago: included in 1.5x or 2x limit)
• Pet Rent: Allowed by state law
• Service Animals: Must allow under Fair Housing Act; no fees permitted
• Assistance Animals: Must accommodate with proper documentation
• Breed Restrictions: Generally allowed but some municipalities restrict

Illinois-Specific Considerations

Winter Weather and Frozen Pipes

• Address heating requirements in lease (68°F minimum)
• Specify frozen pipe prevention responsibilities
• Landlord must maintain adequate heat September 15 – June 1
• Tenant should maintain heat to prevent pipe damage
• Include snow removal responsibilities in lease

Smoke and Carbon Monoxide Detectors

• Must install smoke detectors on every level and in every bedroom
• Must install carbon monoxide detectors within 15 feet of sleeping areas
• Landlord responsible for installation and initial batteries
• Tenant responsible for replacing batteries (unless building has central system)
• Heavy penalties for non-compliance

Radon Disclosure (420 ILCS 46/25)

• Must provide Illinois Department of Public Health radon pamphlet
• Must disclose known radon hazards
• Tenant has right to test for radon
• If elevated levels found, landlord must remediate

Fair Housing Requirements

Cities with Additional Regulations

• Chicago: RLTO – most comprehensive tenant protections in Illinois
• Evanston: Similar ordinance to Chicago RLTO
• Oak Park: Local landlord-tenant ordinance
• Mount Prospect: Rental housing registration
• Aurora, Joliet, Rockford: Various local requirements

Best Practices for Illinois Landlords

• Use written leases for all tenancies
• Conduct thorough move-in/move-out inspections with photos
• Provide all required disclosures before tenant signs
• Comply with security deposit return timelines (30 or 45 days)
• Maintain adequate heat (68°F minimum, Sept 15 – June 1)
• Install and maintain smoke and CO detectors
• Respond promptly to repair requests
• Give proper notice before entry (24 hours minimum)
• Never use self-help eviction methods
• Keep detailed records of all transactions
• Know your local ordinances (especially Chicago RLTO)
• Join local landlord associations
• Consider landlord insurance

Safe Homes Act (765 ILCS 750)

• Protects tenants fleeing domestic violence
• Allows early termination with proper documentation
• Cannot discriminate against domestic violence victims
• Must change locks if requested by victim
• Cannot disclose victim’s location

Utility Responsibilities

• Must clearly state who pays which utilities
• Cannot shut off utilities as eviction tactic
• If landlord pays utilities, cannot charge tenant more than actual cost
• Submetering rules apply in some jurisdictions

Resources

• Illinois Compiled Statutes – Chapter 765 (Property)
• Chicago Residential Landlord Tenant Ordinance (RLTO)
• Illinois Attorney General – Tenant Rights
• Chicago Department of Housing
• Illinois Legal Aid Online
• Local apartment associations and landlord groups
• Illinois State Bar Association – Real Estate Section