This Act shall be known and may be cited as the 'Landlord and Tenant Act'.
As used in this Act: 'Landlord' means the owner, lessor, or sublessor of the dwelling unit or the building of which it is a part. 'Tenant' means a person entitled by written or oral agreement, subtenancy approved by the landlord, or by sufferance, to occupy a dwelling unit to the exclusion of others.
A landlord may maintain an action for possession against a tenant who: (1) holds over after expiration of the lease term; (2) fails to pay rent when due; (3) violates a material term of the lease; or (4) is a tenant at will who has been given proper notice to terminate.
When a tenant neglects or refuses to pay rent when due, the landlord may terminate the lease and recover possession by serving a written 5-day notice on the tenant demanding payment of rent or possession of the premises. If the tenant pays all rent due within the 5-day period, the notice is void and the tenancy continues.
When a tenant violates a material condition or covenant of the lease other than the payment of rent, the landlord may terminate the lease by serving a written 10-day notice on the tenant specifying the violation and demanding that the tenant remedy the violation or surrender possession. If the tenant remedies the violation within 10 days, the notice is void.
A month-to-month tenancy may be terminated by either party by giving 30 days written notice before the end of the rental period. For tenancies of more than one month but less than one year, the notice required equals the interval between rent payments.
A tenancy at will may be terminated by either party by giving 30 days notice in writing.
A landlord of a residential property who receives a security deposit from a tenant must return the deposit to the tenant within 30 days after the tenant vacates the premises, or within 45 days after the tenant vacates if the landlord intends to make deductions for damage. If deductions are made, the landlord must provide an itemized statement of the deductions. Failure to return the deposit or provide an itemized statement entitles the tenant to twice the amount of the deposit, plus court costs and attorney fees.
A landlord who holds a security deposit for a residential rental unit for more than 6 months must pay interest on the deposit at the rate equal to the interest paid by the largest commercial bank in Illinois on minimum deposit passbook savings accounts as of December 31 of the preceding year. Interest must be paid annually to the tenant or credited to the next month's rent.
A landlord may deduct from a security deposit only amounts necessary to cover: (1) unpaid rent; (2) damage to the premises beyond normal wear and tear; and (3) other amounts the tenant owes under the lease. The landlord may not deduct for normal wear and tear.
In every lease of residential premises, the landlord covenants that the premises will be habitable throughout the term of the lease. A material non-compliance with this warranty by the landlord entitles the tenant to terminate the lease upon 14 days written notice to the landlord, or to pursue other remedies as provided by law.
If a landlord materially fails to comply with the terms of the lease or with applicable building codes affecting health and safety, and the tenant gives 14 days written notice of the non-compliance and the landlord fails to remedy it within that period, the tenant may: (1) terminate the lease; (2) withhold rent in an amount reasonably proportionate to the diminution in value; or (3) repair the deficiency and deduct the cost from rent, subject to certain limits.
A landlord may not retaliate against a tenant by terminating the tenancy, increasing rent, decreasing services, or threatening to bring an eviction action for exercising a legal right, including: complaining to a governmental authority about a code violation; organizing or joining a tenants union; or testifying in a proceeding concerning the rental unit. There is a rebuttable presumption of retaliation if adverse action occurs within 12 months after the tenant exercises a protected right.
The Chicago Residential Landlord and Tenant Ordinance (RLTO) applies to all rental dwelling units in the City of Chicago except: owner-occupied buildings with 6 or fewer units; units in hotels, motels, and rooming houses; school dormitories; and certain other institutional housing. The RLTO is substantially more protective of tenants than Illinois state law.
A landlord who holds a security deposit for a residential rental unit in Chicago must pay interest on the deposit at the rate established annually by the City Comptroller. The interest rate is based on the average of the rates offered by the five largest commercial banks in Chicago on minimum deposit savings accounts. Interest must be paid or credited to the tenant each year.
Under the Chicago RLTO, if a landlord fails to maintain the premises in a habitable condition, fails to provide essential services, or otherwise materially breaches the lease, the tenant may: (1) withhold rent in an amount reasonably proportionate to the diminution in value; (2) repair and deduct (up to $500 or one-half month's rent per occurrence); (3) obtain substitute housing and deduct the cost from rent; or (4) terminate the lease. The landlord must be given 14 days written notice before the tenant exercises these remedies.
The Chicago RLTO voids any lease provision that: waives the tenant's right to a jury trial; allows the landlord to confess judgment against the tenant; limits the landlord's liability for negligence; allows the landlord to terminate the tenancy for the tenant's exercise of legal rights; or waives any right provided by the RLTO. Any such provision is void and unenforceable.
In any action arising out of a landlord's or tenant's application of the RLTO, the prevailing party is entitled to all court costs and reasonable attorney fees.
A landlord may enter a dwelling unit only with the consent of the tenant, except in cases of emergency. When entry is necessary for non-emergency purposes (repairs, inspections, showing the unit), the landlord must provide at least 24 hours advance notice and may only enter at reasonable times.
Landlords of residential property built before 1978 must comply with federal lead-based paint disclosure requirements under 42 U.S.C. § 4852d. Before signing a lease, the landlord must: (1) provide the tenant with an EPA-approved lead paint disclosure form; (2) disclose any known lead-based paint hazards; and (3) provide the EPA pamphlet 'Protect Your Family from Lead in Your Home.'
A tenant who is a victim of domestic violence, sexual violence, or gender violence may terminate a lease early by providing the landlord with written notice and documentation of the abuse (such as a court order, police report, or certification from a qualified third party). The tenant must give at least 3 days advance notice and may not be liable for more than 2 months rent as early termination liability.
No unit of local government, including any home rule unit, may enact, maintain, or enforce any ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential or commercial property.
It is a civil rights violation for any person to: refuse to rent or sell housing; discriminate in the terms, conditions, or privileges of a rental; or publish advertising indicating a preference or limitation based on: race, color, religion, sex, national origin, ancestry, age (40+), order of protection status, marital status, physical or mental disability, military status, sexual orientation, or familial status.
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