Tenant Rights and Responsibilities When Renting in Illinois

In Illinois, tenants have several key rights, including the right to a habitable living space, protection against unlawful discrimination, privacy from landlord intrusion (landlords typically must provide 24-48 hours notice before entering), and protection against retaliation for exercising legal rights. Chicago and some other municipalities have additional tenant protections through local ordinances like the Chicago Residential Landlord and Tenant Ordinance (RLTO), which provides more extensive rights than state law.

Illinois state law does not set a limit on how much landlords can charge for security deposits. However, in Chicago, if your building falls under the RLTO, landlords must pay interest on security deposits held for more than 6 months. Additionally, landlords must return security deposits within 30-45 days after you move out, depending on whether you disputed deductions. If they fail to comply with security deposit laws, you may be entitled to damages.

For month-to-month tenancies in Illinois, either party must provide 30 days' written notice to terminate. For fixed-term leases, the lease typically ends on the date specified in the agreement, though many leases include automatic renewal or conversion to month-to-month terms. Early termination usually requires paying the remaining rent unless your lease has an early termination clause or the landlord agrees to release you. Active military duty members have special rights under federal law to break leases.

In Illinois, there are currently no statewide rent control laws, so landlords can generally increase rent by any amount when a lease ends. However, they cannot raise rent during a fixed-term lease unless the lease specifically allows for it. For month-to-month tenancies, landlords must provide at least 30 days' written notice before implementing a rent increase. Some municipalities may have additional notice requirements or other tenant protections regarding rent increases.

Illinois landlords must maintain properties in compliance with local building and health codes, which includes providing essential services like heat, water, and electricity. They must make all necessary repairs to keep the property habitable and maintain common areas in safe condition. If your landlord fails to make critical repairs after proper notice, you may have remedies such as repair and deduct, rent withholding, or lease termination, depending on the severity of the issue and local ordinances.

The Chicago RLTO is a comprehensive local ordinance that provides additional protections for tenants in Chicago beyond state law. It applies to most rental properties in Chicago (with some exceptions like owner-occupied buildings with six or fewer units). The RLTO covers security deposit requirements, maintenance standards, landlord access rules, lease provisions, and tenant remedies. It also prohibits retaliatory conduct by landlords and provides for damages when landlords violate the ordinance. Other Illinois municipalities like Evanston and Mount Prospect have similar ordinances.

Under Illinois state law, landlords must provide "reasonable notice" before entering a rental unit, which is generally interpreted as 24-48 hours except in emergencies. In Chicago under the RLTO, landlords must provide at least 48 hours' notice before entering for routine matters like inspections or repairs. The notice should specify the intended entry time and reason. Landlords can only enter at reasonable times (generally during business hours) unless you agree otherwise or there's an emergency.

If your landlord won't make necessary repairs in Illinois: 1) Document the issue with photos and written requests, 2) Send a formal written notice to your landlord specifying the problems and requesting repairs within 14 days (or less for emergency issues), 3) If the landlord still fails to act, you may have options like repair and deduct (fixing the problem yourself and deducting the cost from rent), withholding rent, or terminating the lease in severe cases. These remedies vary by location and situation, so consider consulting a tenant's rights organization or attorney before taking action.

No, self-help evictions are illegal in Illinois. Your landlord cannot evict you without a court order by changing locks, removing doors/windows, shutting off utilities, removing your belongings, or using threats or intimidation. The legal eviction process requires proper written notice, filing an eviction lawsuit (forcible entry and detainer action), a court hearing where you can present a defense, and if the landlord wins, enforcement of the eviction order by law enforcement officers. If your landlord attempts a self-help eviction, you may be entitled to damages.