Tenants Rights
Illinois, like many states, has a robust structure of laws designed to protect tenants and make sure of fair treatment in the landlord-tenant relationship. These laws cover a wide range of issues, including lease agreements, security deposits, habitability, evictions, and protections against discrimination.
Donna Craft Cain PC can help you understand tenants' rights in Illinois by offering clarity for renters traversing the intricacies of housing laws. Understanding these rights is crucial for tenants to advocate for themselves and maintain safe, affordable, and fair housing. Contact us today.
Lease Agreements and Tenant Rights
A lease agreement is the cornerstone of the landlord-tenant relationship, outlining the rights and responsibilities of both parties. In Illinois, leases can be written or oral, but written leases are strongly recommended for clarity and legal protection.
Key Lease Provisions
Terms of the Lease: The lease should specify the duration (e.g., month-to-month or fixed-term), rent amount, due date, and any late fees. Illinois law requires that any lease provision waiving a tenant’s right to notice of termination or eviction is unenforceable (735 ILCS 5/9-207).
Disclosures: Landlords must include specific disclosures in the lease, such as the identity of the property owner or manager and any applicable utility fees. In Chicago, landlords must also disclose bedbug history under the Chicago Bed Bug Ordinance.
Illegal Provisions: Clauses that waive tenants' rights to a jury trial, require tenants to pay landlord attorney fees in disputes, or limit landlord liability for negligence are void and unenforceable.
Tenant Rights in Leases
Right to review: Tenants have the right to review and negotiate lease terms before signing. Any ambiguous terms are typically interpreted in favor of the tenant.
Automatic renewal clauses: If a lease includes an automatic renewal clause, the landlord must provide written notice 30–60 days before the lease expires to remind the tenant of the renewal (765 ILCS 705/1).
Subleasing: Tenants may sublease with the landlord’s consent unless the lease explicitly prohibits it. Landlords cannot unreasonably withhold consent.
A well-drafted lease agreement, coupled with a clear understanding of tenant rights under Illinois law, verifies a fair and transparent landlord-tenant relationship, protecting both parties while fostering mutual accountability.
Security Deposits, Protections, and Procedures
Security deposits are a common source of disputes between landlords and tenants. Illinois law provides specific protections to make sure of transparency and fairness.
Statewide Security Deposit Rules
Limits: Illinois state law does not cap the amount of a security deposit, but local ordinances (e.g., Chicago’s Residential Landlord and Tenant Ordinance) may impose limits.
Storage: For properties with 25 or more units, landlords must hold security deposits in a separate, interest-bearing account and provide tenants with the bank’s name and address (765 ILCS 710/1).
Return of deposits: Landlords must return security deposits within 45 days of the tenant vacating the premises, minus any deductions for unpaid rent or damages beyond normal wear and tear. An itemized list of deductions must be provided within 30 days if deductions are made (765 ILCS 710/1).
Interest payments: For properties with 25 or more units, landlords must pay interest on security deposits held for more than six months, with interest rates set annually by the Illinois Department of Financial and Professional Regulation.
Chicago-Specific Rules
In Chicago, the Residential Landlord and Tenant Ordinance (CRLTO) imposes stricter requirements:
Landlords must return deposits within 21 days or provide an itemized list of deductions within 45 days.
Failure to comply with deposit return rules can result in penalties, including double the deposit amount plus tenant attorney fees.
Tenant Remedies
If a landlord wrongfully withholds a security deposit, tenants can file a claim in small claims court or seek assistance from legal aid organizations. Tenants should document the condition of the rental unit with photos upon moving in and out to dispute improper deductions.
The Right to a Safe and Livable Home
Illinois law imposes a “warranty of habitability,” requiring landlords to maintain rental properties in a safe, sanitary, and livable condition. This obligation is non-negotiable and cannot be waived by lease provisions.
Landlord Responsibilities
Under the Illinois Landlord and Tenant Act (765 ILCS 742/5) and local ordinances, landlords must:
Provide working heat, hot and cold water, and plumbing.
Maintain electrical systems, windows, doors, and structural components.
Confirm compliance with local building and safety codes.
Address pest infestations, particularly in Chicago, where landlords must provide pest control services under the Bed Bug Ordinance.
Tenant Remedies for Habitability Issues
If a landlord fails to address habitability issues, tenants have several options:
Repair and deduct: Tenants can pay for repairs (up to $500 or half the monthly rent, whichever is greater) and deduct the cost from rent after providing written notice and a reasonable opportunity for the landlord to fix the issue (765 ILCS 742/5).
Withhold rent: Tenants may withhold a portion of rent proportional to the severity of the issue after notifying the landlord in writing. This remedy carries risks, as landlords may attempt eviction, so legal advice is recommended.
Termination of lease: If the unit is uninhabitable and the landlord fails to remedy the issue within 14 days of written notice, tenants may terminate the lease and vacate without penalty.
Lawsuits: Tenants can sue for damages, including costs incurred due to uninhabitable conditions, or seek an injunction to compel repairs.
Chicago’s Heat Ordinance
In Chicago, landlords must maintain indoor temperatures of at least 68°F during the day and 66°F at night from September 15 to June 1. Failure to provide adequate heat entitles tenants to remedies such as rent withholding or lease termination.
Illinois’s warranty of habitability and local ordinances, such as Chicago’s Heat and Bed Bug Ordinances, confirm tenants’ right to a safe and livable home, providing robust remedies like repair-and-deduct, rent withholding, lease termination, or legal action when landlords fail to meet these non-negotiable standards.
Procedural Protections for Tenants Against Evictions
Evictions in Illinois are governed by the Forcible Entry and Detainer Act (735 ILCS 5/9-101 et seq.), which makes sure tenants receive due process before being removed from a rental unit.
Grounds for Eviction
Landlords can evict tenants for:
Nonpayment of rent.
Violation of lease terms (e.g., unauthorized pets or subtenants).
Illegal activity on the premises.
Expiration of a fixed-term lease or termination of a month-to-month tenancy with proper notice.
Eviction Process
Notice: Landlords must provide written notice before filing an eviction lawsuit. The notice period depends on the reason:
Nonpayment of rent: 5 days.
Lease violation: 10 days to cure or vacate.
Month-to-month termination: 30 days.
Expiration of fixed-term lease: No notice required unless specified in the lease.
Court process: If the tenant does not comply with the notice, the landlord must file an eviction action in circuit court. Tenants have the right to appear in court, present defenses (e.g., improper notice or retaliation), and request a trial.
Sheriff enforcement: Only a sheriff can carry out an eviction after a court order. Landlords cannot forcibly remove tenants or change locks without court approval.
Tenant Defenses
Tenants can challenge evictions based on:
Improper notice: If the landlord fails to provide the correct notice period or format, the eviction may be dismissed.
Retaliation: Landlords cannot evict tenants for exercising their rights, such as reporting code violations or requesting repairs (765 ILCS 720/1).
Discrimination: Evictions based on protected characteristics (e.g., race, gender, or disability) violate fair housing laws.
Chicago Eviction Protections
Chicago’s CRLTO provides additional protections, such as requiring landlords to offer relocation assistance if the eviction is due to the landlord’s decision to convert the property to condominiums. The Keep Chicago Renting Ordinance also requires landlords to provide tenants with relocation assistance if the property is foreclosed.
When a landlord violates these protections, contact an experienced tenant attorney like Donna Craft Cain PC in Villa Park, Illinois.
Protections Against Discrimination
Illinois tenants are protected from discrimination under federal, state, and local laws, including the Fair Housing Act, the Illinois Human Rights Act, and local ordinances.
Protected Classes
Landlords cannot discriminate based on:
Race, color, national origin, or religion.
Sex, familial status, or disability.
Sexual orientation, gender identity, or marital status (under Illinois law).
Source of income, such as Section 8 vouchers (in Chicago and Cook County).
Examples of Discrimination
Refusing to rent to a tenant based on a protected characteristic.
Imposing different lease terms or conditions based on race or disability.
Failing to provide reasonable accommodations for tenants with disabilities, such as allowing service animals or installing grab bars.
Remedies for Discrimination
Tenants can file complaints with:
The U.S. Department of Housing and Urban Development (HUD) for federal violations.
The Illinois Department of Human Rights for state law violations.
Local agencies, such as the Chicago Commission on Human Relations. Victims of discrimination may be entitled to damages, tenant attorney fees, or injunctive relief.
Robust protections under federal, state, and local laws, including the Fair Housing Act and Illinois Human Rights Act, safeguard tenants from discrimination based on protected characteristics, offering remedies such as damages and injunctive relief to make sure of fair and equal access to housing.
Tenant Advocacy and Retaliation
Illinois law prohibits landlords from retaliating against tenants who exercise their legal rights. Retaliatory actions include raising rent, reducing services, or attempting eviction in response to a tenant’s lawful actions.
Protected Actions
Tenants are protected when they:
Report building code violations or health hazards.
Request repairs or assert habitability rights.
Organize with other tenants to address landlord issues.
File complaints with government agencies.
Tenant Remedies
If a landlord retaliates, tenants can:
Sue for damages, including punitive damages.
Seek an injunction to stop the retaliatory action.
Use retaliation as a defense in eviction proceedings.
Illinois law robustly shields tenants from landlord retaliation for exercising their legal rights, such as reporting violations or requesting repairs, empowering them with remedies like damages, injunctions, and eviction defenses to assure fearless advocacy.
Special Protections for Vulnerable Tenants
Illinois provides additional protections for certain groups, including domestic violence survivors, seniors, and tenants in foreclosed properties.
Domestic Violence Survivors
Under the Illinois Safe Homes Act (765 ILCS 750/1 et seq.), tenants who are victims of domestic or sexual violence can:
Terminate a lease with 30 days’ notice and documentation (e.g., a police report or order of protection).
Request lock changes if they remain in the unit.
Avoid penalties for early lease termination.
Tenants in Foreclosed Properties
The federal Protecting Tenants at Foreclosure Act and Chicago’s Keep Chicago Renting Ordinance protect tenants in foreclosed buildings by:
Allowing tenants to remain in the unit until the end of their lease (with some exceptions).
Requiring 90 days’ notice to vacate for month-to-month tenants.
Providing relocation assistance in Chicago.
Seniors and Disabled Tenants
Seniors and tenants with disabilities may qualify for rent control or subsidized housing programs. Chicago’s Fair Housing Ordinance requires landlords to make reasonable accommodations, such as providing accessible parking or modifying units.
Contact a Tenant Attorney Today
Tenants in Illinois benefit from a structure of state and local laws designed to verify fair treatment, safe housing, and access to justice. From the right to a habitable home to protections against discrimination and retaliation, these laws empower renters. Contact Donna Craft Cain PC in Villa Park, Illinois, for an experienced tenant attorney. We serve DuPage County, Cook County, Kane County, Will County, McHenry County, and Lake County, Illinois.