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Illinois Roommate Agreement

The Illinois rules that shape the document: no statewide lodger law, only the landlord can evict, and Chicago's sublease overlay.

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Introduction

A roommate agreement is a contract between co-tenants that divides rent, chores, and shared expenses and sets house rules. It is not a lease, it does not bind the landlord, and it does not change what the lease says. In Illinois, no statewide statute gives a tenant a right to add a roommate, and no statewide lodger law lets an owner-occupier remove a roommate without a formal eviction. Everything runs on the lease and ordinary Illinois eviction law, with one notable exception: Chicago's Residential Landlord and Tenant Ordinance forces landlords in the city to accept a reasonable sublease, giving Chicago tenants a real tool to replace a departing roommate that the rest of the state lacks.

Key Things to Know

  1. 1

    In Illinois, no roommate can remove another roommate on their own, even with a signed agreement. Only the landlord can start a formal eviction case (735 ILCS 5/9-102, the Forcible Entry and Detainer Article), so changing locks or forcing a roommate out is illegal self-help.

  2. 2

    Illinois has no statewide lodger law like California's owner-occupier removal shortcut. The same court eviction process applies whether or not the owner lives in the unit, so this Agreement cannot promise a faster path out.

  3. 3

    Illinois has no statewide statute giving a tenant an affirmative right to add a roommate, unlike New York's Roommate Law. Whether you can add or replace an occupant, and whether that person becomes a co-tenant or stays a subtenant of the original tenant, depends entirely on the lease.

  4. 4

    In Chicago, the Residential Landlord and Tenant Ordinance requires a landlord to accept a reasonable sublease with no extra fees, even over a no-sublet lease clause (Chicago Municipal Code 5-12-120). This city rule does not apply outside Chicago.

  5. 5

    Illinois treats joint obligations as joint and several by default (765 ILCS 1005/3), and Illinois courts have applied this to co-tenant rent. Absent your own agreement, each roommate on the lease can be on the hook to the landlord for the full rent, not just a share.

  6. 6

    The Illinois Security Deposit Return Act only covers buildings of five or more units and says nothing about splitting a deposit between roommates when one moves out. That division is left entirely to what this Agreement says.

  7. 7

    This Agreement is a contract between roommates only. It does not bind the landlord, does not modify the lease, and does not require the landlord's signature or consent to be valid between the roommates who sign it.

Key decisions before you file

Before you file a Roommate Agreement in Illinois, a few decisions shape the document: which option to choose and what each one means. The Roommate Agreement guide walks through them.

Open the Roommate Agreement guide

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Illinois Roommate Agreement (Compact State Terms)

This compact set states the Illinois-specific terms for a Roommate Agreement. Use it together with the full national Roommate Agreement template, which contains the general provisions on rent splitting, chores, guests, quiet hours, and shared expenses. This Agreement is between the co-tenants only. It does not bind the landlord, does not alter the lease, and does not require the landlord's signature or approval.

1. Governing Law. This Agreement is governed by the laws of the State of Illinois, without regard to its conflict of laws rules.

2. No Statewide Right to Add or Remove an Occupant. Illinois has no statewide statute giving a tenant an affirmative right to add a roommate, comparable to New York's Roommate Law. Whether a new occupant may be added, and whether that person becomes a co-tenant with privity to the landlord or remains an occupant of the original tenant, depends entirely on the lease and the landlord's consent. The Roommates agree to review the lease's occupancy and subletting terms before adding or replacing anyone under this Agreement.

3. Removing a Roommate Requires the Landlord's Formal Eviction; No Self-Help. Illinois has no lodger-removal shortcut like California's owner-occupier rule. A roommate has no independent legal power to remove another roommate. Only the landlord, as the person entitled to possession under the Illinois Forcible Entry and Detainer Article (735 ILCS 5/9-102), may remove an occupant, and only through a formal court eviction. The Roommates agree that neither will change locks, remove belongings, or otherwise attempt to force another Roommate out without a landlord-initiated eviction or that Roommate's voluntary agreement to leave.

4. Rent Liability Between Roommates. Illinois law treats joint obligations as joint and several by default (765 ILCS 1005/3), and Illinois courts have applied this to co-tenant rent obligations. Unless the lease states otherwise, each Roommate signed to the lease may be liable to the landlord for the full rent, not just an individual share. Between themselves, the Roommates agree that each is responsible only for the share stated in the national template, and a Roommate who pays more than that share to the landlord may seek reimbursement from the others.

5. Security Deposit Division. The Illinois Security Deposit Return Act (765 ILCS 710/1) governs only the landlord's return of a deposit and applies only to buildings of five or more units; it says nothing about dividing a deposit among roommates when one moves out. The Roommates agree that deposit contributions and any reimbursement on move-out are governed solely by the division stated in the national template, not by Illinois statute.

6. Chicago Sublease Overlay. If the leased unit is within the city of Chicago, the Chicago Residential Landlord and Tenant Ordinance requires the landlord to accept a reasonable sublease proposed by the tenant without additional fees (Chicago Municipal Code 5-12-120), even if the lease has a no-sublet clause. Roommates replacing a departing Roommate with a new occupant in Chicago should propose the new occupant to the landlord as a sublease under this ordinance.

7. Execution. This Agreement is effective when signed by the Roommates. This compact set does not address whether notarization or a witness is advisable for this Agreement; ask an Illinois attorney if you want that question resolved before signing.

This compact Illinois set supplements the national Roommate Agreement template. It is general information, not legal advice; attorney review is available.

Illinois Requirements for Roommate Agreement

Illinois No Self-Help Removal Clause

Illinois has no lodger-removal shortcut and no statute letting one roommate remove another. Only the landlord can remove an occupant, and only through a formal eviction under 735 ILCS 5/9-102. Include a clause confirming neither roommate will attempt self-help removal.

Illinois Occupancy and Subletting Deference to the Lease

Illinois has no statewide right to add a roommate, unlike New York's Roommate Law. Add a clause requiring the roommates to check the lease's occupancy and subletting terms and obtain any required landlord consent before adding or replacing an occupant.

Illinois Joint and Several Rent Liability Allocation

Illinois law defaults joint obligations, including co-tenant rent, to joint and several liability (765 ILCS 1005/3). Add a clause allocating each roommate's actual share and a reimbursement mechanism for a roommate who pays more than their share to the landlord.

Illinois Security Deposit Division Clause

The Illinois Security Deposit Return Act does not address dividing a deposit among roommates and only applies to buildings of five or more units. Add a clause stating how deposit contributions and move-out reimbursement are handled among the roommates.

Chicago RLTO Sublease Overlay

For units within Chicago, the Residential Landlord and Tenant Ordinance requires the landlord to accept a reasonable sublease without extra fees (Chicago Municipal Code 5-12-120). Add a clause noting this option for Chicago roommates replacing a departing roommate.

Frequently Asked Questions

It is a contract between co-tenants that divides rent, chores, and shared expenses and sets house rules. It is not a lease. It does not bind the landlord and does not change what your Illinois lease says.

No. In Illinois, only the landlord can remove an occupant, and only through a formal eviction case under the Forcible Entry and Detainer Article (735 ILCS 5/9-102). A roommate changing locks or forcing another roommate out is illegal self-help, regardless of what a roommate agreement says.

No. Illinois has no equivalent to California's owner-occupier lodger removal shortcut. The same formal court eviction process applies in Illinois whether or not the owner lives in the unit, so a roommate agreement cannot promise a faster removal path.

Yes, within Chicago. The Residential Landlord and Tenant Ordinance requires a Chicago landlord to accept a reasonable sublease proposed by the tenant with no extra fees (Chicago Municipal Code 5-12-120), even over a no-sublet lease clause. This right does not exist elsewhere in Illinois.

Illinois treats joint obligations as joint and several by default (765 ILCS 1005/3), and courts have applied this to co-tenant rent. Absent your own written agreement, each roommate on the lease can owe the landlord the full rent, not just a share, so a roommate agreement should state each person's share and a reimbursement process.

No Illinois statute addresses it. The Security Deposit Return Act only covers landlord-to-tenant return in buildings of five or more units and says nothing about dividing a deposit between roommates. Your written roommate agreement is the only thing that governs this split.

No. A roommate agreement is a contract between co-tenants only. It does not bind the landlord, does not modify the lease, and does not require the landlord's signature to be enforceable between the roommates who sign it.