Residential Landlord and Tenant Ordinance and Other Laws
Renters' Rights Main | Free Case Review
Your Rights and Responsibilities
- Demand a written lease to avoid future misunderstandings with your landlord.
- Pay your rent on time.
- Keep the rental unit clean and undamaged.
- You are responsible for any damages beyond normal wear and tear.
- You must pay the utility bill if the lease gives you the responsibility.
- You may not alter the rental unit without your landlord's approval.
- You must give written notice when you intend to move if you don't want to lose your security deposit. Normally, a 30-day notice is sufficient.
- You have the right to complain to any governmental authority (housing inspector, human rights commission, etc.) and The Illinois Retaliatory Eviction Act prohibits your landlord from evicting you for this.
Landlord's Rights and Responsibilities
- Must keep the rental unit fit to live in.
- Must make all necessary repairs.
- Must keep the rental unit in compliance with state and local health and housing codes.
- May set the amount of rent and security deposit.
- May charge you a late fee for late rent. The late fee must be reasonable.
- May make reasonable rules and regulations.
- May not enter your rental unit without your prior consent unless an emergency exists.
Security Deposits
Your landlord can require you to pay a security deposit which may be used to cover unpaid rent, repair damages to the unit, and clean the unit after you move. The amount of the security deposit is normally equal to one month's rent, however, there is no legal limit on the amount your landlord can require.
Interest on Your Security Deposit
State law requires your landlord to pay you interest on your security deposit if it is held for at least six months and there are at least 25 units in your building or complex. Your landlord must pay you the interest or apply the interest as a credit to your rent every 12 months. You may sue your landlord for willfully failing to pay interest and recover an amount equal to your security deposit, court costs, and attorney's fees.
Return of Your Security Deposit
The Illinois Security Deposit Return Act requires your landlord to return your security deposit in full within 45 days of the date you moved, if:
- Your building or complex consists of 5 or more units.
- You do not owe any back rent.
- You cleaned the apartment before you moved.
If your landlord refuses to return all or any portion of your security deposit, he/she must give you an itemized statement of the damages along with paid receipts within 30 days of the date you moved. You can sue your landlord to recover your security deposit. If a court finds that your landlord violated the security deposit law, he/she could be liable for damages in an amount equal to two times your security deposit, court costs, and attorney's fees.
Rent Increases
In a week-to-week or month-to-month tenancy, the landlord can raise your rent by any amount if he/she gives you seven days notice for a week-to-week lease or 30 days notice for a month-to-month lease. Your landlord cannot raise your rent if you have a fixed-term lease. In other words, if you have a year lease, your landlord cannot raise your rent prior to the expiration of the lease.
Illinois does not have a rent control law. Therefore, your landlord can raise your rent as much as he/she deems necessary.
Terminating A Lease
Your landlord must notify you in writing that he/she intends to terminate the lease. If you are renting month-to-month, you are entitled to a 30-day written notice. Leases running year-to-year require a 60-day written notice.
YOUR LANDLORD DOES NOT HAVE TO GIVE YOU ANY REASON FOR TERMINATING THE LEASE.
Withholding Rent for Repairs and Payment of Utilities
You may withhold rent if the rental unit has substantial building code violations or if the landlord has failed to make repairs which were agreed upon. However, you should first:
- Request the City Inspector to inspect for building code violations.
- Document all defects with pictures, videos, and statements from reputable contractors.
- Request your landlord to make the repairs within a specified time.
- Consult an attorney about your legal rights.
© Copyright Krohn & Moss Ltd.
All rights reserved.
|
