Are there rent control/rent stabilization policies or laws in Illinois?
The state of Illinois has not established rent control or stabilization practices.
What is the maximum amount I can collect as a security deposit?
There are no statutory limitations placed on the maximum amount for a security deposit but there are several municipalities in Illinois that have comprehensive Landlord-Tenant Statutes. Landlords should contact an attorney or the city agency in which his or her rental building is located to determine municipal-specific statutory limitations.
Do I need to pay interest on the security deposit? Rental properties located in Chicago, Evanston, or Mt. Prospect, requires that the tenant be paid interest each year. Elsewhere in Illinois, the landlord is only required to pay interest for a building or complex with 25 or more units.
My tenant has moved out, what do I do with their security deposit? The state of Illinois has no comparable statute for houses or properties with
fewer than 5 units. Otherwise; The Illinois Security Deposit Return Act requires a landlord to return the security deposit in full within 45 days of the date a tenant has vacated the unit if:
- Your building or complex consists of 5 or more units.
- The tenant does not owe any back rent.
- The tenant has not damaged the rental unit.
Important: Chicago and Evanston may have slightly different procedures for the handling and the return of the security deposit. Check with the proper municipality for specific rules.
What is a common problem where security deposits are concerned? At times landlords may try claiming deductions for items that are often characterized by the court as normal wear and tear. This situation may be prevented by realistically evaluating each deduction, providing proof of damage as well as including repair receipts and pictures. There are specific steps that must be taken with regards to a security deposit. A landlord can avoid trouble if they become familiar with the
“Illinois Security Deposit Return Act.”
Is it permitted to charge a per-diem late fee? Although this is not prohibited, it tends to be a rare practice.
May I charge a late rent or a returned payment fee?
The Illinois Landlord and Tenant Act (ILTA) does not limit the amount charged for late fees. However, the late fee must be reasonable. A returned payment fee may not exceed $25.
Does the city or state regulate how much time must pass prior to a landlord imposing a late fee? If so what is the time that must pass? There is no “legal” grace period in regards to payment of rent imposed by the State of Illinois Landlord Tenant Act (ILTA). This is usually governed by the rental agreement, and typically there is a 5 day grace period.
How can I end an Illinois lease agreement? With regards to a fixed term lease, unless otherwise specified in the lease, the tenant shall move out when the rental agreement ends. 30 Days notice is required for month to month leases and 60 days notice is required for year to year leases. Weekly leases require a 7 Days notice. A landlord is not required to give any reason to terminate a lease.
When can I raise the rent?
In a week-to-week or month-to-month tenancy, the landlord can raise the rent by any amount by giving
7 days notice for a week-to-week lease or 30 days notice for a month to month lease. A landlord cannot raise the rent during a fixed-term lease. For instance, if the lease has a beginning date and an ending date, a landlord cannot raise the rent prior to the expiration of the lease.
Illinois does not have a rent control law. Therefore, a landlord can raise the rent as much as
he/she feels is necessary. However, you should contact your local units of government to see if your
city or county has a rent control ordinance.
My tenant has not paid rent; how much notice do I have to give a tenant in order to evict them? Before a Summons and Complaint for eviction can be filed, a 5 day notice is required. The day of posting does not count, nor does any day in which the court is not open such as holidays or weekends. After the 5 day notice is served, then a court proceeding can be initiated.
Are there circumstances where I am required to release a tenant from a lease agreement?
A landlord may be forced to release a tenant from a contractual agreement when the dwelling unit or premise is damaged and/or destroyed by fire or casualty not caused by the tenant, deeming the rental property unlivable, or If the tenant is called to active military duty. Additionally, a tenant may seek release from a rental agreement with the court when a landlord does not abide by the state’s landlord obligations.
How long does the eviction process take? As with any legal matter, exact timing is almost impossible as it depends on many factors. Overall, with no complications, the eviction process usually takes approximately 4-5 weeks. If your rental property is located within city limits this may be a longer process.
Can I require my tenants to obtain renter's insurance? Landlords may require tenants to obtain rental insurance, and could make the failure to do so a breach of the lease.
How do I tell if my tenant has “skipped” out of the apartment?
Often times it’s best to look for the obvious, such as removal of personal goods, whether or not the tenant has come back to the premises at any time during a one week period, and simply no food in the refrigerator. It’s extremely important to document all of the “proof” gathered in order to determine abandonment. When in doubt, if payment of rent has not been made, the landlord may always file for eviction.
Do I have the right to enforce no smoking in my rental property?
A landlord may establish a “No Smoking” policy by providing so in the Lease.
Do I have to give the tenant notice before I enter the rental property? Landlords may not enter the leased premises without prior notice and consent, unless an emergency exists.
Disclaimer: The information provided herein is intended as a general discussion of legal issues concerning landlord tenant law. Information provided is not legal advice or a legal opinion, and it is recommended that the reader seek independent counsel for any specific issue.