Illinois Tenant Information

Illinois Tenant Information – Renters Rights

 

If you rent a house or apartment, Illinois law provides you with certain legal protections. Being familiar with the law, as well as the specific terms of your individual lease, can help you avoid problems with your landlord.

Can I Move Out?

You may give notice to end the lease if the landlord makes:

• An unlawful entry;
• A lawful entry that is unreasonable manner; or
• More than one unreasonable demand for entry.

You should keep a record showing the time, date and circumstances of the landlord’s entries into your apartment.

You must give a written notice of termination to the landlord. The notice must specify why the entries may you want to end the lease. The notice must also state that the rental agreement will end in 14 days after the landlord’s gets the notice, unless the landlord stops the conduct in question.

If the landlord continues the conduct within the 14 days, you should send another written notice ending the lease. If the landlord stops conduct in the 14 days, you cannot end the lease. You must move out 30 days after the time specified in the original notice.

 

Send the notice and letter by certified mail with  a return receipt. You should consult a lawyer if you want to end your lease. You could be responsible for rent due under the lease if you do not follow the correct procedures.

 

Tenants Defending an Eviction Forms

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Tenant Defence Forms

 

 

 

 

When you Have No Lease

• A tenant is required by law to give written notice to the landlord before moving out if no lease was ever signed.
• The notice must be given at least 30 days in advance of the last day of the rental period (if you pay rent once a month).
• The tenant will owe an extra months rent if s/he does not give written notice and the landlord does not re-rent within 30 days.
• A landlord is also required to give a tenant a full rental period notice in writing if the landlord wants the tenant to move.

Whether you moved in and never signed a lease, or you once had a lease but after it ended you continued to rent on a month to month basis, Illinois state law requires you to give written notice before you move. If you pay rent once a week, you must give a weeks’ notice. If you pay rent once a month, you must give a month’s notice.

When you have no lease, your rental period starts on the day rent is due. If rent is due on the first of each month, you must give notice to the landlord NO LATER than the last day of the month, telling him or her that next month will be your last month. If rent is due on the 15th, you must give notice no later than the 14th of one month that you will be moving out by midnight on the 14th of the next month. FEBRUARY has fewer than 30 days, so to be safe, give notice no later than January 29 to terminate an oral, month to month tenancy on February 28. (Or if rent is due on the 15th, give notice no later than February 12 that you will be out by midnight on March 14).

You are still required to pay your last months rent, even if you move.

 

Make sure you can prove you gave notice

Write a short letter saying when you will be moving out. Write the date on the letter. Photocopy the letter and keep a copy. Mail the letter by certified, receipt-return mail at the post office before the date the notice is due. That will help you prove that you really gave notice.

If you cannot prove you gave proper notice to end your rental arrangement, the landlord can hold you responsible for up to an extra months rent. The landlord cannot keep your deposit as a penalty. But the landlord can charge you for rent s/he lost as a result of having an empty place because you did not give proper notice.

 

 

Landlord’s Rights when you have no lease

When you have no lease, the landlord can ask you to leave without giving a reason. This is called termination of tenancy without cause. The landlord is only required to give you written notice, a full rental period in advance, asking you to move on the last day of the rental period. You still must pay the last month’s rent.

When you have no lease, a landlord can raise the rent at any time. There is no limit on the amount of the rent increase. If you cannot afford the rent increase, all you can do is give your notice of intent to move at the end of the next rental period.

Remember that, without a lease, you cannot prove any agreement on which you might be relying. Did the landlord tell you that the water bill is included in your rent? How will you prove this agreement when the water company stops service to your house because the bill is unpaid? Did the landlord agree to take care of lawn care? Again, how will you prove that agreement if the city gives you a violation notice for not mowing the lawn?

 

Landlord’s Rights when lease expires

When you have a lease for one year or some other fixed term, you must move out when the lease is up. If you continue to stay after the lease ends, do not assume that you have a month to month tenancy. In some circumstances, you will be a holdover tenant and your landlord will get to decide whether your lease is extended on a month to month basis OR if your holding over renewed your lease for another fixed term. If you had a one year lease, the landlord could consider your holding over to mean that you have renewed for another full year.

A landlord can also sue to evict a holdover tenant and charge you double the amount of the rent or any other amount stated in the lease for the period of time you continued living in the apartment or house after your lease ended.

The only exception is in the City of Urbana. Under Urbana law, if the landlord did not give you notice at least one month before the end of your lease telling you that your lease would not be renewed, your tenancy would continue on a month to month basis until either you or the landlord gave the other party a month’s notice, in writing, to end the relationship. Outside of Urbana, be careful. You might think you are continuing on a month to month basis, but the landlord has the power to decide that you’ve continued for another year.

The best way to protect yourself is to obtain a signed agreement from the landlord before your original lease ends stating whether your lease is will continue on a month to month basis or for another year. Without such an agreement, you really need to move out when your lease ends.

 

The best way to prove an agreement is to get it in writing!

When renting a house or apartment, most tenants ask for a written lease, an agreement with the landlord indicating, among other things, the length of the lease (usually one year), the amount of the rent, the terms of any rent increase, information related to the security deposit, and your obligations as a tenant. In certain circumstances, landlords must pay interest annually to tenants on security deposits.

Before moving in, tenants should take photos of the house or apartment in case there is a dispute about damages later on. It is also advisable to pay your monthly rent by check or money order (not cash) and to keep a copy of your lease agreement and receipts together in a safe place.

Tenants should expect the landlord to keep the house or apartment building up to local building code. In return, the tenant must keep the property clean, make structural changes only if permission is received, pay the rent on time, abide by the guidelines set forth in the lease, and give the landlord the required notice before moving out.

If a repair is needed, landlords have a limited amount of time to make them. If the landlord doesn’t cooperate, you should send him or her a letter by certified mail. If the landlord fails to timely do repairs, you may have the right to do them yourself and deduct the amount from your next rent payment. Keep receipts and take before and after photos; these documents can be used as proof if you need to go to court.

 

 

Depending on the terms of a lease, if a landlord wants to enter a tenant’s house or apartment for any reason other than an emergency, the tenant must be informed in advance and must have provided permission.

 

When Can a Landlord Enter my Apartment?

A landlord can enter an apartment at reasonable times. The Chicago Residential Landlord and Tenant Ordinance states that a landlord’s entry into an apartment between 8:00 a.m. and 8:00 p.m. is reasonable. The landlord must give you written or oral notice 2 days prior to entry.

The landlord may enter the apartment without prior notice when:

• There is an emergency.
• The landlord unexpectedly needs to go into your apartment to make repairs elsewhere in the building.

If the landlord enters without notice, the landlord must give you notice within 2 days after the entry.

A landlord may also have access to show the apartment to prospective renters, but not before 60 days prior to expiration of your lease.

A tenant can be evicted for non-payment of rent, not complying with lease provisions, or if the building has turned condo after the tenant’s lease expires. The process can only be done by a court order. If a landlord tries to evict you without approval from the court, you should contact the local police or sheriff’s office.

A tenant who is planning to move should be paying rent in compliance with the lease or rental agreements, and proper notice should be given to the landlord according to the terms of the lease. Tenants have the legal right to remove all of their possessions, including any fixtures that have been installed such as a ceiling fan or light fixture – if they can do so without altering the property or making a structural change.

 

When tenants prepare to move out, they can help ensure getting their deposit returned if they accompany the landlord on a walk-through of the empty house or apartment to mutually agree on what, if any, damages there are. If there is a charge for repairs, the landlord must send an itemized list of damages and their cost, along with a check for the security deposit, minus those charges. Tenants have the right to have their security deposit, with the accumulated interest, if any, returned within 30 days after moving out.

 

What is a security or damage deposit?

A security deposit is money that you give to the landlord at the beginning of a lease, usually before you move in. A deposit may also be used to hold a unit for you while the landlord does a credit check or calls your old landlords to decide if she should rent to you. A deposit may also protect the landlord if he holds a unit for you, but you decide not to move in. In that case, the landlord can keep your deposit.

 

What is the purpose of a security deposit?

A lease will usually explain the purpose of the security or damage deposit. For example, your lease may state that the deposit can only be used to:

• Clean the property after you move out, if you did not leave the property in a clean condition
• Pay utility bills, if you did not pay the bills, or
• Pay rent, if you did not pay the rent

If there is no lease or your lease does not explain what your deposit can be used for, your deposit will usually be used for cleaning and repairing damages that are more serious then normal wear and tear. You should not have to pay for any repairs for damages that are normal wear and tear.

 

 

What counts as “normal wear and tear?”

There is no set definition for “normal wear and tear,” but in general it refers to the small amount of damage that happens to an apartment when a tenant does nothing but use the apartment in the normal way. For example, small holes in the wall from thumb tacks, or faded tiles on the floor, would probably count as normal wear and tear.

On the other hand, damage that is significant, or happens because of something the tenant did that is outside of the normal use of the apartment, is not “normal wear and tear.” For example, large wholes in the wall, broken shelving, and rips or pet stains in the carpet would probably not be “normal wear and tear” and would come out of the tenant’s security deposit.

 

How much can a landlord charge for a security deposit?

There is no limit on the amount that a landlord may charge as a security deposit. Usually, landlords charge the same amount as one or two months’ rent. Some landlords charge two deposits: one in case of damages and the other as an advance payment on the last month’s rent. Landlords also may charge a deposit for keys or if you have pets.

If you live in subsidized housing (for example, if you have a Section 8 certificate or voucher), your landlord may charge you a deposit similar to deposits being charged by private landlords in your area. For example, if the common deposit in your area is one month’s rent, your landlord may charge a deposit equal to one month’s rent (which would include the amount paid by the housing authority). The old law, which limited deposits in subsidized housing to the amount of your share of the rent, is no longer in effect.

If you cannot pay the full deposit when you move in and your landlord agrees to let you make payments over time, make sure you get the payment agreement in writing. The written agreement should say how long you will have to pay and how much each payment will be. Getting the agreement in writing will be important to avoid problems later. When you make the payments, make sure your checks or receipts say whether the payment counts as rent or as a payment on the security deposit.

 

If I put down a deposit to hold an apartment but decide not to take it, can the landlord keep my money?

Maybe. Most landlords will say that a deposit to hold an apartment is non-refundable and they do not have to return it.

The first question in figuring out whether your deposit is refundable is this: did you sign any agreement when you paid the deposit? If you did, the agreement may list the terms of the deposit and whether it is refundable. Even if there is no written agreement, if the landlord told you that the deposit was non-refundable when you paid it, he has a good argument that he can keep it.

If the landlord did not tell you that the deposit was non-refundable, then whether you can get it back will depend on things like how long the landlord held the apartment for you, whether he turned away other possible tenants, and whether he tried, and was able, to rent the apartment again quickly after you changed your mind. If the landlord lost money while holding the apartment for you, it will be hard for you to argue that you should get your money back.

If the reason that you did not move in is that the landlord did not take care of his duties–for example, that he did not make important repairs–your argument that you should get your deposit back will be stronger.

 

Should I get a receipt from my landlord when I pay my security deposit?

Yes, you should get a written receipt. This will show that you paid the landlord in case there is an argument. You should keep the receipt in a safe place, just in case you ever have to use it.

 

 

I plan to move out at the end of the month. Do I need to pay the last month’s rent even though I paid a deposit?

Yes. A security deposit does not take the place of rent, even though your landlord will keep your security deposit if you leave your apartment owing rent. If you do not pay the last month’s rent, you are taking a risk and you may be evicted. If you do not pay your rent, your landlord may serve you with a five-day notice for the non-payment of your rent. This notice would be valid unless you have another good reason for why you did not owe rent. If you do not pay your rent in these five days, you may be sued for eviction. Depending on how quickly your local courts handle eviction cases, you may have to move out before the end of the month. In court, you may also get a judgment against you ordering you to pay the unpaid rent, court costs and sometimes your landlord’s attorney’s fees.

 

When does my landlord have to give the security deposit back to me?

The law allows the landlord to keep your deposit until after you move out, so that he can see how you leave the unit.

If you live in a building or complex which has 5 or more units: Illinois law says that in order to keep your deposit the landlord must send you a list of the damages andan estimate of repair costs within 30 days of your moving out. If the landlord does not send you this list within the 30 days, he must return the entire deposit. He has 45 days from when you move out to get your deposit back to you.

If you live in a building with 4 units or less, in a house, or if you rent a condominium from a landlord who owns that unit but does not own the building: the law does not say how long the landlord has to return the deposit, and does not force the landlord to give you a list of the damages. The landlord should still return the deposit within a reasonable time.

 

What can I do when I move in to try to make sure I will get my security deposit back?

Within 3 days of when you first move in, make a written list of all the damages you find in the property, even the small ones. This list should have the general condition of the property and how clean the property was before you moved in. You and your landlord should sign and date this list. If your landlord does not sign the list, have someone you trust sign the list after he or she looks over the property. Make a copy of the list for your landlord. Make another copy to leave with a trusted friend or family member. Be sure to keep the original. You may want to take pictures of any problems you find when you move in as well.

Leave the property in the same condition as it was when you moved in, except for normal wear and tear. Check your lease to see what things you are required to do before you move out. For example, the lease may say you should shampoo the carpets or wash all the floors.

When you move out, check out with the landlord if you can. If your landlord makes any report about how the property looks, have her make a copy with her signature and the date. If she does not make a report, make your own report and have your landlord sign and date it. If your landlord does not sign it, have another person sign and date your report after they look over the property. If you think you may disagree with the landlord about how you left the property, be sure to have another person inspect the property. Take pictures of the conditions at the time you move out. Leave your new address with the landlord so that she can send you a check for your deposit.

 

Can the landlord keep my security deposit?

The landlord can keep portions of your security deposit for any rent due or for the costs of damages that were caused by you, your family, or a guest. Damages that were caused by normal wear and tear cannot be taken out of the deposit.

You are expected to clean the residence before you leave and should leave it in the same condition or better than when you moved in.

 

What if my landlord refuses to return my security deposit?

If your landlord will not return your deposit and you think the money is owed to you, you can file a suit in small claims court. This process may not be very fast, so you should think carefully before putting down a deposit to hold an apartment. Click on the title below for more information about how to get your security deposit back:

 

Do all landlords ask for security deposits?

No. Your landlord may ask for a move-in fee. This is a new trend for companies that are landlords. Once you pay the fee, you cannot get it back. It is usually less than one month’s rent.
Chicago residents have many protections under the Chicago Residential Landlord/Tenants Ordinance. Several of those rights are also found in state statutes related to larger apartment projects (12 or more units).

If a landlord has agreed to pay for such services as gas, electricity, water or garbage collection, and the landlord fails to make those payments, a tenant may be forced to choose to either terminate the service or pay the bill out of pocket. A tenant who pays for the services that are specified as the responsibility of the landlord may ask the landlord for reimbursement. Should the landlord refuse to pay, the tenant has the legal right to deduct the payments made for services from the rent. Only the actual amount paid for those services may be deducted, however.

 

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