What a Landlord Cannot Do in Illinois: A Guide for Tenants

Being a landlord in Illinois can be an incredible opportunity. There are perks like passive income, tax breaks, and long-term returns. However, landlords should be mindful of Illinois landlord-tenant law before renting out properties. Likewise, tenants should be familiarized with their rights. That’s why we made a list of things a landlord in Illinois cannot do.

#1: A Landlord in Illinois Cannot Evict an Active Duty Member Because of Unpaid Rent

The Servicemembers Civil Relief Act (SCRA) allows active military personnel to have eviction proceedings delayed for a minimum of three months. The prerequisite of this protection is that the eviction is because the tenant failed to pay rent on time. It applies during the military tenant’s active duty service until three months after the lease comes to an end.

However, eviction from protection is applicable only for eviction due to non-payment. The eviction can continue if there is a material breach of contract or biohazard concern.

#2: The Lease Agreement Shouldn’t Contain Prohibited Clauses

Illinois law stipulates that certain clauses shouldn’t be included in a rental agreement. The landlord must avoid using discriminatory language or provisions that wouldn’t render them accountable for neglecting the rental property. These rules align with public policy and ensure tenant rights are protected.

Subletting or lease assignment can also not happen without the landlord’s consent. This supports the landlord’s authority while balancing the tenant’s rights to utilize the space however they see fit.

#3: The Rental Unit Must be Fit to Live in

The landlord should ensure that the rental property remains a habitable environment and that they make necessary repairs. These obligations don’t just cover aesthetics; landlords are obligated to quickly take care of wear and tear damages over time. This entails maintaining structural elements and keeping essential utilities like heating and plumbing safe and functional.

According to the Residential Tenants’ Right to Repair Act, tenants can take matters into their own hands if the landlord doesn’t respond within a reasonable period. Tenants can handle repairs threatening their safety and health and legally deduct the costs from future rent payments.

#4: Health and Safety Codes Must be Followed

The rental unit must be in compliance with health and safety codes. Illinois landlord-tenant law says landlords must regularly inspect the unit, take care of potential health risks like mold or paint, and fix issues that could compromise one’s safety. If broken railings or smoke detectors are damaged, the landlord should remedy the problem promptly.

#5: A Landlord Cannot Withhold Interest on your Security Deposit

One unique rule in the Illinois real estate market is that the tenant’s security deposit should be imposed with mandatory interest. This is only required if the rental building has at least 25 units and the security deposit is under the landlord’s care after six months. If the landlord fails to pay interest, the tenant may sue them and have the landlord cover their attorney’s fees.

#6: The Security Deposit Must be Returned Within 45 Days

The Illinois Security Deposit Return Act says that the landlord must give back the tenant’s security deposit in full within a 45-day period after the tenant leaves if the building or complex has at least five units, the tenant doesn’t owe rent, the rental unit isn’t damaged, and the apartment has been cleaned before the tenant left.

If the landlord doesn’t return the security deposit, they must provide an itemized list of damages with receipts within a month after the tenant’s notice of them leaving the property. If the landlord fails to give back the money within this period, the tenant can sue the landlord, and the landlord might have to pay damages equivalent to twice the security deposit, attorney, and court fees.

#7: Rent Increases Are Allowed Under Select Leases

Rent increases are allowed for select leases, particularly week-to-week and month-to-month tenancies. The landlord must provide reasonable notice of at least seven days for week-to-week leases and 30 days for month-to-month ones. Landlords aren’t allowed to raise rent if the lease term is fixed in the contract.

Illinois doesn’t impose rent increase laws, but a landlord-tenant relationship is grounded on fairness and respect. The landlord can raise rent however much they deem necessary. However, landlords must verify if their county or town has any rent control ordinance.

#8: A Proper Notice Must be Provided for Lease Termination

The landlord must issue a proper notice when they want to terminate a lease agreement. For month-to-month leases, there should be a 30-day written notice. If the lease term is yearly, the required notice is 60 days. The landlord isn’t required to share why they’re terminating the lease.

#9: Retaliation is Not Allowed

The Illinois Retaliatory Eviction Act bans landlords from evicting tenants as an act of revenge because the tenant had complaints or raised housing-related issues to the authorities. This law is a protective barrier, ensuring the tenant’s voice can be heard without fear of being evicted or treated poorly.

#10: They Cannot Discriminate Against Tenants

The Federal Fair Housing Act states that a landlord in Illinois may not refuse to lease property to potential renters or have different rent terms because of their disability, sex, marital status, race, ancestry, national origin, or color. It’s also not allowed to discriminate against families with kids. The tenant can approach the Illinois Department of Human Rights if they have any complaints.

#11: A Landlord Cannot Forcibly Remove or Lock Out Tenants

If the tenant doesn’t pay rent or violates the rental agreement, the landlord cannot use dirty tactics like changing locks, removing doors, shutting off utilities, or using force to remove the tenant. Following the proper eviction process must still be followed.

A written notice with the deadline to leave the property should be furnished to the tenant. If the eviction reason is non-payment of rent, the landlord must give the tenant an allowance of five days to make payment accordingly. If the reason is a lease agreement violation, the landlord must provide a ten-day notice

#12: The Tenant’s Right to Privacy Must be Respected

Because a tenant pays rent, they’re granted privacy rights. Illinois landlord-tenant law has strict landlord entry limitations prohibiting sudden property entry. Any visit to the premises, including necessary repairs, routine inspections, and showing the unit to new potential tenants, must be announced in advance. Unless it’s an emergency, the landlord must give the tenant at least 24 hours’ notice.

Conclusion

Illinois has some unique laws that landlords and tenants should be aware of. If the tenant is an active duty military member, it’s vital to obtain proof of military service. This is where SCRACVS can help. Check the service member’s active duty status by clicking here.

FAQs

Can a landlord evict you without going to court in Illinois?

No. Illinois law stipulates that a landlord must file a lawsuit to evict a tenant legally. This should be stated in the written lease.

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

It would depend on the tenant’s lease term. For weekly ones, they’re given seven days. For month-to-month leases, there should be a 30-day notice; for yearly ones, there should be a 60-day notice.

How long can a tenant stay after the lease expires in Illinois?

The tenant can remain in the property for 60 days if the landlord fails to provide an eviction notice. That’s why a written notice is vital when kicking out a tenant in Illinois.

Can a landlord show an apartment while occupied in Illinois?

Yes, the landlord can show the unit to a potential tenant or buyer even if the current tenant isn’t there. However, the landlord must provide an advance notice of at least 24 hours to avoid violating tenant rights.

Can a landlord do an inspection without you being there?

No. In general, tenants must be present while a landlord conducts routine inspections. They can only go through with it if they have the tenant’s permission.