Residential Landlord and Tenant Ordinance and Other Laws
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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.