While, in most cases, a landlord and tenant can complete the term of a lease without issue, there are scenarios in which legal assistance may be needed, either by the landlord or the tenant. Some even require the assistance of an attorney. To help you determine if you might be facing such an issue, consider the following overview on Illinois’ landlord-tenant laws.
Required Leasing Disclosures for Landlords
Under Illinois state law, landlords are required to disclose specific information to tenants. Usually, done through the lease agreement, this information includes:
- Utilities that are included in the price of rent (paid by the landlord but billed to the tenant);
- Rent concessions must be detailed in a very specific manner. If a landlord fails to comply with this law, they could face both civil and criminal penalties;
- Presence of radon (if applicable). Landlords are not required to test for radon, but if they test and find it is present, they must disclose this to any prospective tenant; and
- Any local city or county disclosures that may be required by law.
Security Deposit Limits and Returns
While Illinois state law does not limit the amount that a landlord can charge for a security deposit, it does require that any returns be made in a timely manner (usually 30-45 days after the tenant moves out). If a deposit will not be returned, due to damages or unpaid rent, landlords are encouraged to submit to the tenant an itemized list that explains any charges for which they are responsible. Tenants have the right to dispute any charges that they incur, and they have the right to take the matter to small claims court for up to $10,000 in unreturned deposits, but the assistance of an attorney is recommended for this process. If the landlord does not return a deposit but holds it for six or more months, they may be responsible for paying the tenant interest on any unreturned security deposits.
Notice Requirements on Price Changes, Evictions, and Lease Termination
Certain rent and leasing notices are regulated by state law, including increases to rent prices, evictions, and termination of tenancy. Specifically, landlords must notify tenants:
- 30 days prior to a change in rent prices;
- 5-10 days to pay rent before filing for eviction for a non-payment of rent; and
- 10 days for a notice to end tenancy when a term of the lease has been violated.
Tenant Protections and a Landlord’s Right to Access Property
State law also protects both landlords and tenants in certain situations. For example, a landlord has the right to inspect the property, but they must provide the tenant with advance notice before entering the property. There are also laws regarding how a landlord must handle property that has been abandoned by a previous tenant. Protections for tenants who are victims of domestic violence or have certain disabilities are also covered under Illinois’ landlord-tenant laws.
Our DuPage County Real Estate Attorneys Can Help with Your Landlord-Tenant Issue
Backed by more than 40 years of legal experience, Stock, Carlson, Oldfield & McGrath, LLC can assist with your landlord-tenant issues. In every situation, we strive for the most favorable outcome possible. Contact our Wheaton real estate lawyers at 630-665-2500 to schedule your consultation today.