Tenants have rights under Illinois' landlord-tenant law
If you rent a house or apartment, Illinois law provides you with certain legal protections. Being familiar with the law, as well as the specific terms of your individual lease, can help you avoid problems with your landlord.
When renting a house or apartment, most tenants ask for a written lease, which is an agreement with the landlord indicating, among other things, the length of the lease (usually one year), the amount of the rent, the terms of any rent increase, information related to the security deposit, and your obligations as a tenant. In certain circumstances, landlords must pay interest annually to tenants on security deposits.
Before moving in, tenants should take photos of the house or apartment's interior in case there is a dispute about damages later on. It is also advisable to pay your monthly rent by check or money order (not cash) and to keep a copy of your lease agreement and receipts together in a safe place.
Tenants should expect the landlord to keep the house or apartment building up to local building code. In return, the tenant must keep the property clean, make structural changes only if permission is received, pay the rent on time, abide by the guidelines set forth in the lease, and give the landlord the required notice before moving out.
If a repair is needed, landlords have a limited amount of time to make them. If the landlord doesn't cooperate, you should send him or her a letter by certified mail. If the landlord fails to timely do repairs, you may have the right to do them yourself and deduct the amount from your next rent payment. Keep receipts and take before and after photos; these documents can be used as proof if you need to go to court.
Depending on the terms of a lease, if a landlord wants to enter a tenant's house or apartment for any reason other than an emergency, the tenant must be informed in advance and must have provided permission.
A tenant can be evicted for non-payment of rent, not complying with lease provisions, or if the building has turned condo after the tenant's lease expires. The process can only be done by a court order. If a landlord tries to evict you without approval from the court, you should contact the local police or sheriff's office.
When tenants prepare to move out, they can help ensure getting their deposit returned if they accompany the landlord on a walk-through of the empty house or apartment to mutually agree on what, if any, damages there are. If there is a charge for repairs, the landlord must send an itemized list of damages and their cost, along with a check for the security deposit, minus those charges. Tenants have the right to have their security deposit, with the accumulated interest, if any, returned within 30 days after moving out.
Chicago residents have many protections under the Chicago Residential Landlord/Tenants Ordinance. Several of those rights are also found in state statutes related to larger apartment projects (12 or more units).
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.
© Illinois State Bar Association
If you have questions about the application of the law in a particular case, consult your lawyer. The law is constantly changing. Information on this site or any site to which we link does not constitute legal advice.