Is it necessary to have a written lease or rental agreement in Illinois?
A rental agreement can be either written or oral, however, a written agreement is recommended in order to clearly set out the rights and responsibilities of the parties.
What about a signed move-in move-out inspection report?
A written signed inspection report is not required, however, it is recommended to protect both parties’ interests and help to avoid disputes. At move-in the tenant should make a list of everything that is broken, stained, defective or damaged, sign the list and ask the landlord to sign it as well. If the landlord does not cooperate, the tenant should take pictures and get an impartial witness to view the premises as well. Both tenant and landlord should have a copy of the list. On move-out, both parties should inspect the premises and fill in another copy of the list, and negotiate (if possible) or make note of any disputed items.
Can the landlord charge a deposit?
The landlord is entitled to charge a security deposit. In some cities, the landlord must pay interest each year on the security deposit. Elsewhere in Illinois, interest is only paid if the tenant lives in a building or complex with 25 or more rental units. Interest is calculated from the date the deposit was paid for the entire time it was held, and is due within 30 days of the end of each 12-month lease period. Damage deposits paid for publicly-owned housing are exempt.
The landlord can make deductions from the security deposit if the tenant owes outstanding rent, or if there are damages to the property beyond normal wear and tear. The Illinois Security Deposit Return Act says that a landlord of residential property containing 5 or more rental units cannot withhold any part of the security deposit as compensation for damage unless he has, within 30 days from the date the tenant vacated the premises, provided the tenant with an itemized statement of the damage and the estimated or actual cost of repairing or replacing each item on the statement, together with paid receipts. If an estimate is given, the landlord has 30 days from the date of the statement to provide the paid receipts for the estimated costs. If the landlord fails to provide these items, s/he must return the security deposit in full within 45 days of the date the tenant vacated the unit. Illinois has no comparable law for properties with fewer than 5 units, however, the City of Urbana City Code imposes the same requirements as the state law on ALL rental properties within the city limits.
How much is the landlord allowed to increase the rent?
If there is a written lease for a specified period of time, the rent can only be increased during the lease term if the lease contains provisions for raising the rent. If there is no written lease, the landlord can raise the rent at any time. There is no rent control in Illinois, so there is no legal maximum for a rent increase.
When is rent considered late?
Rent is late the day after it is due. There is no legal grace period for paying rent late, even if the rental agreement sets out a grace period before a late fee is imposed by the landlord.
How can a lease be terminated?
A written lease for a fixed term (such as 1 year) terminates at the end of the lease period, unless the landlord and tenant agree in writing to earlier termination. A month-to-month rental can be terminated by either party giving 30 days written notice to the other party, and a week-to-week rental can be terminated on 1 week's written notice.
Some fixed term leases automatically renew at the end of the term, or if the parties agree, the tenancy can then become month to month. If this is not addressed in the lease, the tenancy terminates at the expiration date. In the City of Urbana, the landlord is required to give the tenant written notice at least 1 month before the end of the lease that the lease will not be renewed, otherwise the tenancy continues on a month-to-month basis.
Can a tenant assign a lease or sublet the premises?
The law does not prevent a tenant from assigning or subletting, provided that the landlord has given consent. Tenants should get the landlord's consent in writing.
When is the landlord permitted to enter the premises?
Illinois state law does not contain a provision governing how much notice a landlord must give before entering, nor under what circumstances the landlord is permitted to enter the premises. The City of Urbana city code, which applies to all residential rentals in the city limits, states that except in case of an emergency, or with the tenant's permission, a landlord can enter the premises only between the hours of 10 AM and 8 PM on weekdays or between the hours of 11 AM and 8 PM on weekends, and ONLY after giving the tenant 24 hours notice.
On what grounds can a landlord evict a tenant?
A landlord can evict a tenant for several reasons, such as non-payment of rent, breach of a condition of the lease, or illegal activity on the premises. A landlord must first give a tenant proper notice as required under the law. If the tenant does not cure the problem within the allotted time, the landlord can go to court for an eviction order. The landlord cannot forcibly remove a tenant – only a County sheriff can do so.
A landlord cannot lock a tenant out, turn off utilities, seize a tenant's belongings or otherwise attempt to force a tenant to move. However, the law does give the landlord the right to seize certain non-exempt property of the tenant for unpaid rent, provided that the landlord follows the proper procedure.
State law prohibits a landlord from evicting a tenant in retaliation for the tenant making a complaint to a governmental authority about the landlord's violation of any applicable building code, health ordinance or similar regulation.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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