Illinois Laws for Landlords.
Your Resource for laws affecting landlords in Illinois

(Information is updated daily)

Landlord Legislation in Illinois

Below is a list of laws for landlords in Illinois. New resources, bills and articles are updated daily. You can also type in a Bill Number or Keyword in the search bar to find additional details on laws.

IL SB0668 COVID19-EMERG HOUSING ASSIST

Introduced Session

102nd General Assembly

Summary
Creates the COVID-19 Federal Emergency Rental Assistance Program Act. Contains provisions for: the Federal Emergency Rental Assistance program; accessibility and transparency; process for further prioritizing applicants for financial assistance and housing stability services; and required notifications and correspondence. Amends the Code of Civil Procedure. Makes changes concerning the sealing of court files. Provides that certain new provisions concerning sealing of court files in a residential eviction action apply until August 1, 2022. Contains provisions for: the sealing of a court file in a residential eviction action; emergency sealing of a court file in a residential eviction action during the COVID-19 emergency and economic recovery period; and a temporary COVID-19 stay of certain foreclosure proceedings and filings. Makes corresponding changes to a provision regarding demand for rent and eviction actions. Makes corresponding changes in the Consumer Fraud and Deceptive Business Practices Act. Effective immediately.
Sponsors
Omar Aquino Robert Peters Jacqueline Collins Cristina Pacione-Zayas Adriane Johnson
Last Action
Added as Co-Sponsor Sen. Adriane Johnson
View Details
https://lawsforlandlords.com/bill/il-2021-sb0668/

IL HB2775 HOMELESSNESS PREVENTION

Introduced Session

102nd General Assembly

Summary
Amends the Homelessness Prevention Act. Provides that the Department of Human Services shall be mindful of preventing undue administrative burden in the application process for individual tenants in applying for assistance. Provides that program staff shall endeavor to lessen any administrative burden on landlords receiving assistance payments. Amends the Eviction Article of the Code of Civil Procedure. Provides that a defendant shall have an affirmative defense to any action where the plaintiff demands has made a demand for possession that is based on unpaid rent regardless of whether the owner has joined in the action a claim for rent if the defendant, a social services agency, or a government agency offered the owner an application for emergency housing assistance and the owner refused to complete the process to obtain the emergency housing assistance and the defendant would have been eligible for the emergency housing assistance program. Provides that the owner may overcome the affirmative defense only if the court makes a finding that the application for emergency housing assistance would impose a significant administrative burden on the owner. Amends the Illinois Human Rights Act. Defines "source of income". Provides that if a landlord requires that a prospective tenant or current tenant have a certain threshold level of income, then the landlord shall subtract any source of income in the form of a rent voucher or subsidy from the total of the monthly rent prior to calculating if the income criteria have been met. Provides that a landlord shall not apply an income or asset requirement to a tenant with a non-wage source of income that the landlord does not apply to all tenants. Provides that if an income or asset requirement serves to generally exclude participants in a housing or benefits program, that requirement shall be considered presumptively discriminatory. Makes other changes.
Sponsors
LaShawn Ford Lindsey LaPointe Kelly Cassidy Anne Stava-Murray Barbara Hernandez Michelle Mussman
Last Action
Do Pass / Short Debate Housing Committee; 014-008-000
View Details
https://lawsforlandlords.com/bill/il-2021-hb2775/

IL SB2492 HOMELESSNESS PREVENTION

Introduced Session

102nd General Assembly

Summary
Amends the Homelessness Prevention Act. Provides that the Department of Human Services shall be mindful of preventing undue administrative burden in the application process for individual tenants in applying for assistance. Provides that program staff shall endeavor to lessen any administrative burden on landlords receiving assistance payments. Amends the Eviction Article of the Code of Civil Procedure. Provides that a defendant shall have an affirmative defense to any action where the plaintiff demands has made a demand for possession that is based on unpaid rent regardless of whether the owner has joined in the action a claim for rent if the defendant, a social services agency, or a government agency offered the owner an application for emergency housing assistance and the owner refused to complete the process to obtain the emergency housing assistance and the defendant would have been eligible for the emergency housing assistance program. Provides that the owner may overcome the affirmative defense only if the court makes a finding that the application for emergency housing assistance would impose a significant administrative burden on the owner. Amends the Illinois Human Rights Act. Defines "source of income". Provides that if a landlord requires that a prospective tenant or current tenant have a certain threshold level of income, then the landlord shall subtract any source of income in the form of a rent voucher or subsidy from the total of the monthly rent prior to calculating if the income criteria have been met. Provides that a landlord shall not apply an income or asset requirement to a tenant with a non-wage source of income that the landlord does not apply to all tenants. Provides that if an income or asset requirement serves to generally exclude participants in a housing or benefits program, that requirement shall be considered presumptively discriminatory. Makes other changes.
Sponsors
Ram Villivalam Karina Villa Robert Peters
Last Action
Added as Co-Sponsor Sen. Robert Peters
View Details
https://lawsforlandlords.com/bill/il-2021-sb2492/

IL HB1756 PROPERTY-FIREARM POSSESSION

Introduced Session

102nd General Assembly

Summary
Amends the Common Interest Community Association Act, the Condominium Property Act, the Landlord and Tenant Act, and the Mobile Home Landlord and Tenant Rights Act. Provides that a unit owner shall not be prohibited or a landlord or park owner shall not prohibit a tenant from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition in: the unit of the unit owner or dwelling unit or mobile home unit of the tenant; a vehicle located in a parking area provided by the common interest community association, condominium association, or landlord or park owner for the unit owner or tenant; or within a common area location of a common interest community or condominium or another controlled location of the landlord or park owner. Effective immediately.
Sponsors
David Friess
Last Action
Rule 19(a) / Re-referred to Rules Committee
View Details
https://lawsforlandlords.com/bill/il-2021-hb1756/

IL HB3510 LANDLORD/TENANT-RENT RELIEF

Introduced Session

102nd General Assembly

Summary
Amends the Landlord and Tenant Act. Provides that during and after an emergency period beginning on January 1, 2021 and ending on July 1, 2021, a landlord may not, and may not threaten to: (1) deliver a termination notice of a rental agreement based on a tenant's nonpayment balance; (2) initiate or continue an action to take possession of a rental unit based on a termination notice for nonpayment delivered on or after January 1, 2021; (3) take any action that would interfere with a tenant's possession or use of a rental unit based on a tenant's nonpayment balance; (4) assess a late fee or any other penalty on a tenant's nonpayment balance; or (5) report a tenant's nonpayment balance as delinquent to any consumer credit reporting agency. Provides that before applying payments received from a tenant or on behalf of a tenant to a tenant's nonpayment balance, a landlord shall apply the payments in a specified order. Provides that during the emergency period, the landlord may provide a written notice to a tenant stating that the tenant continues to owe any rent due. Provides that, following the emergency period, a tenant with an outstanding nonpayment balance has a 6-month grace period that ends on January 1, 2022, to pay the outstanding nonpayment balance. Provides that the tenant shall notify the landlord of the tenant's intention to use the grace period, and failure to do so entitles the landlord to recover damages equal to 50% of one month's rent following the grace period. Provides that if a landlord violates the provisions, a tenant may obtain injunctive relief to recover possession or address any other violation and may recover from the landlord an amount up to 3 months' periodic rent plus any actual damages. Makes other changes. Effective immediately.
Sponsors
Edgar Gonzalez
Last Action
Assigned to Housing Committee
View Details
https://lawsforlandlords.com/bill/il-2021-hb3510/

IL SB1559 EVICTION-BARRING PERSONS

Introduced Session

102nd General Assembly

Summary
Amends the Eviction Article of the Code of Civil Procedure. Deletes language providing that a landlord shall have the power to bar the presence of a person from the premises owned by the landlord who is not a tenant or lessee or who is not a member of the tenant's or lessee's household. Deletes language providing that a landlord may give notice to a person that the person is barred from the premises owned by the landlord and providing criminal penalties for further trespass after the notice has been given. Provides instead that nothing precludes a landlord from exercising any rights the landlord may have under existing local, State, federal, or common law to bar from the property an individual who is not a tenant or member of the tenant's household, if that individual's presence on the property poses a direct threat to: (1) any tenant's health, safety, or right to quiet enjoyment of the premises; or (2) the health or safety of the landlord or the landlord's employees.
Sponsors
Celina Villanueva
Last Action
To Judiciary- Property Law
View Details
https://lawsforlandlords.com/bill/il-2021-sb1559/

IL HB2765 CIVIL LAW-TECH

Introduced Session

102nd General Assembly

Summary
Amends the Rental Property Utility Service Act. Makes a technical change in a Section concerning certain tenant-paid utility payment arrangements that are prohibited and notice of change in a payment arrangement.
Sponsors
Delia Ramirez
Last Action
Rule 19(a) / Re-referred to Rules Committee
View Details
https://lawsforlandlords.com/bill/il-2021-hb2765/

IL HB2877 COVID19-EMERG HOUSING ASSIST

Introduced Session

102nd General Assembly

Summary
Creates the COVID-19 Federal Emergency Rental Assistance Program Act. Contains provisions for: the Federal Emergency Rental Assistance program; accessibility and transparency; process for further prioritizing applicants for financial assistance and housing stability services; and required notifications and correspondence. Amends the Code of Civil Procedure. Makes changes concerning the sealing of court files. Provides that certain new provisions concerning sealing of court files in a residential eviction action apply until August 1, 2022. Contains provisions for: the sealing of a court file in a residential eviction action; emergency sealing of a court file in a residential eviction action during the COVID-19 emergency and economic recovery period; and a temporary COVID-19 stay of certain foreclosure proceedings and filings. Makes corresponding changes to a provision regarding demand for rent and eviction actions. Makes corresponding changes in the Consumer Fraud and Deceptive Business Practices Act. Effective immediately.
Sponsors
Delia Ramirez Lindsey LaPointe Lakesia Collins Will Guzzardi Emanuel Welch Maura Hirschauer Kelly Cassidy Carol Ammons Mary Flowers Elizabeth Hernandez Theresa Mah Latoya Greenwood Edgar Gonzalez Aaron Ortiz Daniel Didech Barbara Hernandez Sonya Harper Nicholas Smith Rita Mayfield Maurice West Camille Lilly Debbie Meyers-Martin Anne Stava-Murray Justin Slaughter Bob Morgan Jennifer Gong-Gershowitz Robyn Gabel Curtis Tarver Jaime Andrade Jehan Gordon Marcus Evans Dagmara Avelar Denyse Wang Stoneback Eva Dina Delgado Anna Moeller Mark Walker Michelle Mussman Deborah Conroy Angelica Guerrero-Cuellar Natalie Manley LaShawn Ford Kambium Buckner Omar Aquino Sara Feigenholtz Doris Turner Cristina Pacione-Zayas Karina Villa Celina Villanueva Cristina Castro
Last Action
Added as Alternate Co-Sponsor Sen. Cristina Castro
View Details
https://lawsforlandlords.com/bill/il-2021-hb2877/

IL HB4059 RENTAL PROPERTY-UTILITIES

Introduced Session

102nd General Assembly

Summary
Amends the Rental Property Utility Service Act. Provides that upon the written request of a prospective tenant, the utility company shall make available to the landlord of the unit information consisting of the charges incurred at the unit for utility services for the preceding 2 years. Provides that the information shall be identified by the address of the unit, and no other information identifying the owner, tenant, or other occupant of the unit shall be used for, or made available in connection with, the furnishing of billing information. Provides that the information shall be furnished to both the landlord and to the prospective tenant.
Sponsors
Angelica Guerrero-Cuellar
Last Action
Filed with the Clerk by Rep. Angelica Guerrero-Cuellar
View Details
https://lawsforlandlords.com/bill/il-2021-hb4059/

IL HB3671 SERVICE ANIMALS-ACCOMMODATIONS

Introduced Session

101st General Assembly

Summary
Creates the Assistance Animal Integrity Act. Defines terms. Provides that a housing provider who receives a request from a person to make an exception to the housing provider's policy prohibiting or restricting animals on the housing provider's property because the person requires the use of an assistance animal may require the person to produce reliable documentation of the disability and disability-related need for the animal only if the disability or disability-related need is not readily apparent or known to the housing provider. Provides requirements for documentation that a person has a disability and requires the use of an assistance animal as a reasonable accommodation in housing under the federal Fair Housing Act or the Illinois Human Rights Act. Provides that a housing provider may deny a documented request for accommodation or rescind a granted request if the accommodation imposes either an undue financial and administrative burden or a fundamental alteration to the nature of the operations of the housing provider or if, after conducting an individualized assessment, there is reliable objective evidence that the specific assistance animal: (i) poses a direct threat to the health or safety of others that cannot be reduced or eliminated by another reasonable accommodation; (ii) causes substantial physical damage to the property of others that cannot be reduced or eliminated by another reasonable accommodation; or (iii) has engaged in a pattern of uncontrolled behavior that its handler has not taken effective action to correct. Provides that a housing provider may require a resident to cover the costs of repairs for damage the animal causes to the resident's dwelling unit or the common areas, reasonable wear and tear excepted, in the same manner it would for damage caused by any other resident, but may not require a resident to pay a pet-related deposit, pet fee, or related pet assessment and also may not require purchase of special liability insurance or coverage for the assistance animal. Provides that nothing in the Act shall be construed as requiring documentation of a specific diagnosis regarding a disability or disability-related need. Provides that nothing in the Act prohibits a housing provider from verifying the authenticity of the documentation submitted under the Act. Provides that, notwithstanding any other provision of law to the contrary, a housing provider shall not be liable for injuries caused by a person's assistance animal permitted on the housing provider's property as a reasonable accommodation to assist the person with a disability. Provides that nothing in the Act shall be construed to: limit individuals' rights under specified laws; or limit the liability of housing providers under such laws.
Sponsors
Andre Thapedi Jonathan Carroll Katie Stuart Arthur Turner Ram Villivalam
Last Action
Public Act . . . . . . . . . 101-0518
View Details
https://lawsforlandlords.com/bill/il-2019-hb3671/

IL SB1290 IMMIGRANT TENANT PROTECTION

Introduced Session

101st General Assembly

Summary
Creates the Immigrant Tenant Protection Act. Defines terms. Provides that, with exceptions, a landlord shall not: (1) threaten to disclose or actually disclose information regarding or relating to the immigration or citizenship status of a tenant to any person, entity, or any immigration or law enforcement agency with the intent of harassing or intimidating the tenant, retaliating against the tenant for exercising his or her rights, or influencing the tenant to surrender possession; or (2) bring an action to recover possession of a dwelling unit based solely or in part on the immigration or citizenship status of a tenant. Provides that the Act does not enlarge or diminish a landlord's right to terminate a tenancy pursuant to existing State or local law; nor does the Act enlarge or diminish any ability of local government to regulate or enforce a prohibition against a landlord's harassment of a tenant. Provides that waiver of a right under the Act by a tenant is void as a matter of public policy. Provides remedies. Provides that in a civil action involving a tenant's or occupant's housing rights, no inquiry shall be permitted into the tenant's or occupant's immigration or citizenship status, with exceptions. Amends the Eviction Article of the Code of Civil Procedure. Provides that, subject to specified conditions, it is an affirmative defense to an eviction that a landlord engaged in conduct on the basis of immigration status of the tenant. Amends the Mobile Home Landlord and Tenant Rights Act. Provides that an eviction order may not be entered against a tenant as a reprisal for or on the basis of the tenant's immigration or citizenship status. Effective immediately.
Sponsors
Cristina Castro Omar Aquino Martin Sandoval Iris Martinez Antonio Munoz Robert Peters Ram Villivalam Don Harmon Kimberly Lightford Laura Fine Emil Jones Theresa Mah Elizabeth Hernandez Emanuel Welch Andre Thapedi Anna Moeller Robyn Gabel Will Guzzardi Bob Morgan Aaron Ortiz Delia Ramirez Barbara Hernandez Jennifer Gong-Gershowitz Celina Villanueva Jaime Andrade Kelly Cassidy Karina Villa Anne Stava-Murray Gregory Harris
Last Action
Public Act . . . . . . . . . 101-0439
View Details
https://lawsforlandlords.com/bill/il-2019-sb1290/

IL HB2518 CRIM CD-THEFT-MINORS

Introduced Session

101st General Assembly

Summary
Amends the Criminal Code of 2012. Provides that theft of property not from the person and not exceeding $500 in value is a petty offense if the offense was committed by a person under 18 years of age. Provides that theft of property not from the person and not exceeding $500 in value is a Class A misdemeanor if the theft was committed in a school or place of worship or if the theft was of governmental property committed by a person under 18 years of age.
Sponsors
Justin Slaughter
Last Action
Rule 19(a) / Re-referred to Rules Committee
View Details
https://lawsforlandlords.com/bill/il-2019-hb2518/

IL HB4257 EVICTION-AFFIRMATIVE DEFENSE

Introduced Session

101st General Assembly

Summary
Amends the Eviction Article of the Code of Civil Procedure. Changes "action" to "eviction action" in provisions regarding certain affirmative defenses. Provides that a landlord's right to terminate a tenancy pursuant to State or local law (rather than existing State or local law) is not enlarged or diminished. Effective immediately.
Sponsors
Aaron Ortiz Elizabeth Hernandez
Last Action
Rule 19(b) / Re-referred to Rules Committee
View Details
https://lawsforlandlords.com/bill/il-2019-hb4257/

IL HB5199 PROPERTY-FIREARM POSSESSION

Introduced Session

101st General Assembly

Summary
Amends the Common Interest Community Association Act, the Condominium Property Act, the Landlord and Tenant Act, and the Mobile Home Landlord and Tenant Rights Act. Provides that a unit owner shall not be prohibited or a landlord or park owner shall not prohibit a tenant from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition in: the unit of the unit owner or dwelling unit or mobile home unit of the tenant; a vehicle located in a parking area provided by the common interest community association, condominium association, or landlord or park owner for the unit owner or tenant; or within a common area location of a common interest community or condominium or another controlled location of the landlord or park owner. Effective immediately.
Sponsors
Nathan Reitz
Last Action
Referred to Rules Committee
View Details
https://lawsforlandlords.com/bill/il-2019-hb5199/

IL SB3471 PROPERTY-COMMON AREA FEES

Introduced Session

101st General Assembly

Summary
Amends the Condominium Property Act. Provides that if an association charges an additional fee or special assessment fee for the use of any common elements by a unit owner, the additional fees or special assessment fees shall be prorated in relation to the appraised value of a unit. Amends the Landlord and Tenant Act. Provides that if a landlord charges an additional fee for the use of any common areas by a tenant, the additional fees shall be prorated in relation to the size of the leased property.
Sponsors
Laura Ellman
Last Action
Session Sine Die
View Details
https://lawsforlandlords.com/bill/il-2019-sb3471/

IL HB4284 ELECTRIC VEHICLE CHARGING ACT

Introduced Session

101st General Assembly

Summary
Creates the Electric Vehicle Charging Act. Provides that the Act applies to new or renovated residential or nonresidential buildings with parking. Provides that a new or renovated residential building is required to have a certain percentage, based on the number of units in the residential building, of its total parking spaces either electric vehicle ready or electric vehicle capable. Provides that a new or renovated nonresidential building is required to have 30% of its total parking spaces electric vehicle ready. Provides various requirements related to electric vehicle charging stations for unit owners. Provides various requirements related to electric vehicle charging systems for renters.
Sponsors
Robyn Gabel Kambium Buckner Sam Yingling Ann Williams Anna Moeller Barbara Hernandez Bob Morgan Michelle Mussman Mary Edly-Allen Jonathan Pizer
Last Action
Rule 19(b) / Re-referred to Rules Committee
View Details
https://lawsforlandlords.com/bill/il-2019-hb4284/

IL HB5214 CRIM CD-THEFT-501(c)(3) ORG

Introduced Session

101st General Assembly

Summary
Amends the Criminal Code of 2012. Provides that the penalty for theft in which the offense is committed against a not-for-profit organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986 is one class higher than the penalty for theft committed against other persons. Provides that if the penalty for theft otherwise provided for is a Class X felony, the penalty under this provision is the penalty for a Class X felony with a minimum term of imprisonment of 7 years. Effective immediately.
Sponsors
Keith Wheeler
Last Action
Referred to Rules Committee
View Details
https://lawsforlandlords.com/bill/il-2019-hb5214/

IL HB4911 EVICTION-SEAL & IMPOUND FILE

Introduced Session

101st General Assembly

Summary
Amends the Eviction Article of the Code of Civil Procedure. Defines terms. Provides that a complaint for an eviction action shall include specified information. Provides that upon entry of an eviction order, the court shall make specified findings. Provides that a court file shall not be sealed if it pertains to an eviction in which: (1) the tenancy is commercial, or (2) the property that the plaintiff seeks possession of is a condominium unit and no tenants or occupants are named as defendants. Provides that the court may order that a court file in an eviction action be sealed if the interests of justice outweigh the interests of the public, taking specified factors in account. Provides that the court file shall be sealed: (1) in a foreclosure-related eviction action; (2) in a not-for-cause eviction; (3) if the parties to the eviction action so agree; and (4) in any action not resulting in an eviction order entered in favor of the plaintiff. Provides that any tenant or occupant named as a defendant in an eviction action may file a motion or petition to seal the court file. Provides the manner in which court files shall be sealed. Provides that the clerk of the circuit court shall automatically seal all eviction court files no later than 3 years after the plaintiff's initial filing with the court. Provides that if a person knows or has reasonable cause to know that information is derived from a sealed court file, he or she shall not disseminate the information. Provides, with exceptions, that a consumer reporting agency shall not disclose, or use in a consumer report, information regarding an eviction action in which there is no final disposition entered or the court file is sealed, and that any violation is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Provides for damages in the amount of $2,000 for each violation, or twice the actual and consequential damages sustained, whichever is greater, and the costs of the action. Makes conforming changes in the Mortgage Foreclosure Article of the Code of Civil Procedure and the Consumer Fraud and Deceptive Business Practices Act.
Sponsors
Delia Ramirez Carol Ammons Emanuel Welch Theresa Mah Rita Mayfield Sonya Harper Justin Slaughter Anne Stava-Murray Barbara Hernandez Elizabeth Hernandez Michelle Mussman Lakesia Collins
Last Action
Added Co-Sponsor Rep. Lakesia Collins
View Details
https://lawsforlandlords.com/bill/il-2019-hb4911/

IL SB3158 EVICTION-SEAL & IMPOUND FILE

Introduced Session

101st General Assembly

Summary
Amends the Eviction Article of the Code of Civil Procedure. Defines terms. Provides that a complaint for an eviction action shall include specified information. Provides that upon entry of an eviction order, the court shall make specified findings. Provides that a court file shall not be sealed if it pertains to an eviction in which: (1) the tenancy is commercial, or (2) the property that the plaintiff seeks possession of is a condominium unit and no tenants or occupants are named as defendants. Provides that the court may order that a court file in an eviction action be sealed if the interests of justice outweigh the interests of the public, taking specified factors in account. Provides that the court file shall be sealed: (1) in a foreclosure-related eviction action; (2) in a not-for-cause eviction; (3) if the parties to the eviction action so agree; and (4) in any action not resulting in an eviction order entered in favor of the plaintiff. Provides that any tenant or occupant named as a defendant in an eviction action may file a motion or petition to seal the court file. Provides the manner in which court files shall be sealed. Provides that the clerk of the circuit court shall automatically seal all eviction court files no later than 3 years after the plaintiff's initial filing with the court. Provides that if a person knows or has reasonable cause to know that information is derived from a sealed court file, he or she shall not disseminate the information. Provides, with exceptions, that a consumer reporting agency shall not disclose, or use in a consumer report, information regarding an eviction action in which there is no final disposition entered or the court file is sealed, and that any violation is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Provides for damages in the amount of $2,000 for each violation, or twice the actual and consequential damages sustained, whichever is greater, and the costs of the action. Makes conforming changes in the Mortgage Foreclosure Article of the Code of Civil Procedure and the Consumer Fraud and Deceptive Business Practices Act.
Sponsors
Jacqueline Collins Iris Martinez Mattie Hunter
Last Action
Session Sine Die
View Details
https://lawsforlandlords.com/bill/il-2019-sb3158/

IL HB5859 PROSPECTIVE TENANT SCREENING

Introduced Session

101st General Assembly

Summary
Amends the Landlord and Tenant Act. Provides that a landlord may charge a fee for a screening report on a prospective tenant. Provides that a landlord shall provide a prospective tenant with a copy of any screening report the landlord obtains in processing an application to enter into a lease with a landlord. Allows a prospective tenant to timely correct any misinformation on a screening report used in the process of applying to enter into a lease with a landlord. Provides that if a prospective tenant contacts a screening agency to correct misinformation on the screening report, the screening agency, without charge, shall correct the screening report and provide the corrected screening report to the prospective tenant and the landlord that paid for the original screening report. Provides that if a prospective tenant is denied a dwelling unit because of a screening report, the landlord shall provide written notice to the prospective tenant of the denial and the reason. Provides that any landlord that fails to provide a copy of a screening report or a notice is subject to a penalty. Provides that any screening agency that does not provide a corrected screening report within 30 days of the prospective tenant providing evidence in support of correcting misinformation is subject to a penalty. Provides that a prospective tenant may file an action against a screening agency that fails to provide a corrected screening report within 30 days of the prospective tenant providing evidence in support of correcting misinformation. Provides that the court may award a prevailing prospective tenant the amount of the penalty and attorney's fees.
Sponsors
Lakesia Collins
Last Action
Referred to Rules Committee
View Details
https://lawsforlandlords.com/bill/il-2019-hb5859/

IL HB0671 CIVIL LAW-TECH

Introduced Session

101st General Assembly

Summary
Amends the Code of Civil Procedure. Makes a technical change in a Section concerning a lien on crops.
Sponsors
Michael Madigan
Last Action
Rule 19(a) / Re-referred to Rules Committee
View Details
https://lawsforlandlords.com/bill/il-2019-hb0671/

IL HB2192 RENT CONTROL-TENANCY PROCEDURE

Introduced Session

101st General Assembly

Summary
Creates the Rent Control Act. Establishes 6 regional rent control boards in the State. Provides for the election of 7 members to each board beginning in the 2021 consolidated election. Provides that a board shall establish regulations concerning rent stabilization rates for specified lessors and shall impose rent control registration fees to fund a Small Rental Property Owner Repairs and Improvement Fund. Includes enforcement provisions against landlords who charge rent in excess of amounts allowed by the Act. Limits home rule powers except in home rule units that enact a specified rent stabilization regime. Amends the Election Code making conforming changes. Amends the Illinois Income Tax Act. Creates rent-controlled and rental property capital improvement tax credits. Amends the Code of Civil Procedure. Creates procedures for terminating a tenancy or lease of one year or more after expiration of the lease. Provides that a lessor may terminate a lease and recover possession, after providing specified notice and monetary relocation assistance: if the lessor or a qualified relative will reside at the premises; if the lessor is going to substantially rehabilitate, remodel, or repair the premises; or if the lessor intends to demolish or permanently remove the premises from residential use. Provides for damages for failure to pay lessee relocation assistance or for failure to act in good faith in seeking to recover possession under the provisions. Provides that a demand or notice must be accessible to a lessor by being presented in the language of the lessor and contain a statement that the lessor may seek legal advice. Makes other changes. Repeals the Rent Control Preemption Act. Effective immediately.
Sponsors
Mary Flowers Delia Ramirez Latoya Greenwood Kelly Cassidy Celina Villanueva Theresa Mah Anne Stava-Murray Aaron Ortiz
Last Action
Rule 19(a) / Re-referred to Rules Committee
View Details
https://lawsforlandlords.com/bill/il-2019-hb2192/

IL HB0670 CIVIL LAW-TECH

Introduced Session

101st General Assembly

Summary
Amends the Code of Civil Procedure. Makes a technical change in a Section concerning a lien on crops.
Sponsors
Michael Madigan
Last Action
Rule 19(a) / Re-referred to Rules Committee
View Details
https://lawsforlandlords.com/bill/il-2019-hb0670/

IL SB1559 TENANT RADON PROTECTION

Introduced Session

101st General Assembly

Summary
Creates the Tenants Radon Protection Act. Provides that before a lease is signed, a landlord shall provide to each tenant in a dwelling unit any records or reports pertaining to radon concentrations within the dwelling unit that indicate a radon hazard. Provides that if a tenant performs a radon test, the tenant shall provide to the landlord the test result within 10 days after receiving the result. Provides that before a lease is signed a landlord shall furnish each prospective tenant with a prescribed radon hazard disclosure form. Provides that nothing implies an obligation on a landlord or tenant to conduct any radon testing. Provides that a lease may be terminated under specified circumstances involving radon hazards. Provides that this is a limitation on home rule powers. Amends the Illinois Radon Awareness Act. Repeals a provision requiring landlords to give certain disclosures to tenants. Effective January 1, 2020.
Sponsors
Don Harmon Jacqueline Collins Laura Murphy Napoleon Harris Toi Hutchinson Laura Ellman Linda Holmes Cristina Castro Celina Villanueva Mattie Hunter William Cunningham Patrick Joyce Patricia Vanpelt-Watkins
Last Action
Session Sine Die
View Details
https://lawsforlandlords.com/bill/il-2019-sb1559/

IL HB0471 RENTAL OF FORECLOSURE PROPERTY

Introduced Session

100th General Assembly

Summary
Amends the Landlord and Tenant Act. Provides that if a landlord enters into a lease with a tenant after receiving notice that a foreclosure proceeding has been initiated against the property, and the tenant later is required to vacate the premises as a result of the foreclosure action, the tenant may recover all of the rent payable from the time the lease is entered into until the tenant vacates the premises.
Sponsors
LaShawn Ford David Olsen Camille Lilly
Last Action
Session Sine Die
View Details
https://lawsforlandlords.com/bill/il-2017-hb0471/

Must-Know Illinois Landlord-Tenant Laws

Law For Landlords

In the U.S., there are nearly 48.5 million rental units. A little over half of these rental units are owned by business entities, while the rest are owned by individual investors.

There are a lot of good reasons to own rental property in, including providing a passive income source as well as the potential for property value appreciation. Many Americans have managed to make rental property ownership their full-time job, while others might keep a few rental properties as a way of making extra income.

If you are considering becoming a landlord, you likely have a lot of questions. What regulations do landlords need to know? What should I know as a landlord in general?

Understanding landlord-tenant laws is essential for protecting yourself legally and financially. Here’s a brief guide for self-managing landlords regarding some of the most important federal and state laws.

The Fair Housing Act

The Fair Housing Act is one of the two major federal laws that impact all property managers and landlords across the country. This is a law that prohibits discrimination due to national origin, race, religion, color, disability, sex or familial status. This law applies to:

  • Renting or buying a home
  • Seeking housing assistance
  • Getting a mortgage
  • Engaging in other housing-related activities

This law extends beyond leasing where landlords are concerned. It also applies to advertising, meaning that it is illegal to market your properties to any specific group of people.

Fair Credit Reporting Act

The Fair Credit Reporting Act is a law that requires landlords to do a number of things when running a credit check. These include receiving permission from an applicant to run a credit report, informing the applicant if their credit report was the basis for adverse action or denial, and providing specific information regarding the credit reporting agency they used

Law Paint Law

It is required by landlords under federal law to disclose the presence of lead paint. They are not required to remove lead paint under federal law, but state laws might dictate otherwise. It’s important to learn about your state and municipality laws regarding lead paint in addition to the federal law.

Discrimination Law

Beyond the Federal Fair Housing Act, state and local laws might provide additional protection beyond the federal law. These might extend protections to people based on their sexual orientation, age, marital status, political association and even hairstyle.

Tenant Duties

While your tenant is responsible for some things, you should know what those things are as the landlord. Then, you can include those duties in your lease agreement. If a tenant doesn’t fulfill their duties, you may be able to provide a notice to vacate in law. Your tenants need to comply with local health and building codes to keep themselves and others safe. They also need to dispose of garbage safely and legally, and they need to use the property reasonably. That means living in the property, but unreasonable uses could include conducting business. Tenants are also responsible for keeping the property clean on a daily basis. They also can’t do anything that would disturb their neighbors, especially if you own a duplex or a similar property. A tenant must also ensure their guests also comply with these requirements. And whenever your tenant has any issues, they must notify you so that you can correct the problem.

Security Deposit Limit

Before a tenant moves in, you can charge them a security deposit. Fortunately, doesn’t have any limitations regarding the amount the deposit can be. You can set an amount based on the property’s rent or value. And you can charge a security deposit for short-term or long-term leases. Then, you can hold onto that amount for the duration of the tenant’s stay. While you can use the money from the deposit, it’s smart to keep it in a separate account. When the tenant moves out, you can make sure you have enough money to pay them back. You can outline the terms of the security deposit, such as the amount and when you will return it, in your lease agreement. That way, you and your tenant both understand the terms, and you can use similar language if you ever buy property in another state.

A Legal Lease Document

Each state and some municipalities might have laws regarding the lease contract. Rental contracts must abide by all laws and be legally written. It is necessary to indicate tenant names, monthly rental rates, and leasing periods clearly.

In some jurisdictions, it is required that certain legal disclosures be included in the lease document. Working with a lawyer to produce your rental contract can help ensure that the lease provides all of the required information and doesn’t break any federal, state, or local laws.

Required Disclosures

It is common in many states to require landlords to inform tenants about individual landlord policies, certain state laws, or specific information about the rental. It might be required that this is disclosed within the lease itself or in additional documentation.

It’s important to look into your state’s requirements about disclosures. However, some commonly required disclosures include notice of recent deaths, mold, meth contamination, or other safety or health hazards.

Providing a Safe Environment

One important landlord-tenant law has to do with the habitability of the rental unit. The definition of “safe, habitable condition” might be different between states. For this reason, you must familiarize yourself with the laws for landlords in your location.

Typically, this means that the property cannot have serious deficiencies. It also means that fixtures, appliances, heating, and plumbing need to be in working order. You also cannot rent out a property that is infested with pests or insects.

 Landlords are usually responsible for dealing with infestations even if the outbreak happens after the tenant moves in. However, in many states, this can be avoided by specifying that the renter is responsible for pest control.

Laws About Making Repairs

In the lease agreement, it will be outlined that the tenants are responsible for reporting necessary repairs. It then becomes the landlord’s responsibility to complete the repairs within an appropriate amount of time.

If a landlord doesn’t make a repair in a timely manner in a way that impacts the safety or health of a tenant, a tenant might have the right to withhold rent.

Security Deposits

It is common for landlords to require a security deposit from the tenant. This is in order to cover the costs of any damage the tenant causes or if they fail to pay rent. A landlord must refund the security deposit unless it is needed to cover the cost of fixing property damage or covering default rent payments.

In some states, how the security deposit is kept is dictated by the law. It is also typically required that an itemized list of deductions must be provided to the tenant if the landlord is using some of the deposit for these purposes.

The unused portion of the deposit must be returned and the itemized statement must be provided. If they aren’t, the landlord can face financial and legal repercussions.

Renters Right To Privacy

Most landlord-tenant rules and regulations cover the right to quiet enjoyment of a tenant. This means that it is their right to live on a property undisturbed. The landlord must give proper notice before entering the rental unit, which is usually 24 to 48 hours unless there is an emergency.

Landlords can only enter the rental property for valid reasons and at a reasonable time of day after giving notice.

Landlord-Tenant Laws: Essential For Protecting Yourself Legally and Financially

Without a good understanding of landlord-tenant laws, you can find yourself in a mess of legal and financial trouble. It’s therefore very important to familiarize yourself with the federal, state, and local laws regarding the rights of tenants and the responsibilities of landlords.

Are you looking for more valuable resources to serve as a guide for self-managing landlords? You can find more resources and guides here.

Reviewing Laws for Landlords

Understanding laws for landlords is essential for keeping your properties up and running. It can also protect you and your finances if you have a problematic tenant or experience other issues. Whether you just bought your first rental property or are looking to expand, you should understand how these laws affect you. That way, you won’t have to worry about losing everything. Do you want to learn more about laws for landlords? Let us know.

Please understand that because of the nature of the topic, this page has been written in a generalized form. Further guidance should be sought on the topic being searched by the landlord.

Illinois Landlord Legislation Blog

Governor’s Latest Executive Order

KEY FACTS: Issued:  October 15, 2020
Expires:  November 14, 2020 Caveat:
Late Fee Prohibition Remains in Effect
Through December 31, 2020 KEY ISSUES:
Rent Demands: Extends 30-day rent
demand until November 14th The 30-day
rent demand applies to ALL Landlords
(residential and commercial). Late Fees:
The Order establishes a ban […]

Governor’s Latest Executive Order

KEY FACTS: Issued:  October 15, 2020
Expires:  November 14, 2020 Caveat:
Late Fee Prohibition Remains in Effect
Through December 31, 2020 KEY ISSUES:
Rent Demands: Extends 30-day rent
demand until November 14th The 30-day
rent demand applies to ALL Landlords
(residential and commercial). Late Fees:
The Order establishes a ban […]

Governor’s Latest Executive Order

KEY FACTS: Issued:  October 15, 2020
Expires:  November 14, 2020 Caveat:
Late Fee Prohibition Remains in Effect
Through December 31, 2020 KEY ISSUES:
Rent Demands: Extends 30-day rent
demand until November 14th The 30-day
rent demand applies to ALL Landlords
(residential and commercial). Late Fees:
The Order establishes a ban […]

A Guide to Section 8 for Landlords

Over 10 million Americans are afforded federal rental assistance under a program known as Section 8 housing. This federal rental assistance can be used all over the United States, which means that all US landlords should have a basic understanding of what Section 8 is and how it works. In short, Section 8 housing provides a solution for low-income families and individuals who are in need of housing. But how does Section 8 housing work for landlords? If you’ve poked around online

Read More »

Pros and Cons of Month-to-Month Rental Leases

The real estate market is in a particularly unusual state in 2021 as the overall economy seeks to correct itself during an ongoing pandemic. One of the more surprising results of the past year is that while housing prices are going up, the cost to rent is, in many places, going down or stabilizing. Now is a great time for property owners to analyze the kind of leasing agreements they typically offer. Is month-to-month rental a better solution in the present,

Read More »

A Guide to Squatter Rights- What Landlords Absolutely Need to Know

If you’re a landlord who has recently discovered the presence of unknown tenants living in one of your properties, you’re probably wondering what to do next. Is this trespassing? Can you simply kick them out? The answer is not quite so simple, assuming these unexpected tenants are squatters. We tend to think of squatters in basic, colloquial terms: people who have moved into a property they don’t own or rent and live there without permission. However, you’ve probably also heard

Read More »

A Complete Guide to Every Step in the Eviction Process

As a landlord, your hope is to bring on high-quality tenants that abide by the lease and pay rent on time each month. However, you might be surprised at how likely it is that you could find yourself going through the eviction process at some point in your tenure. In the past few years, US eviction data was compiled and revealed just how common evictions actually are. In fact, in 2016 alone, 2.3 million evictions were filed in America. Our goal is

Read More »

The Landlord’s Guide to Rent Collection

There are over 10 million individual landlords in the United States, each with its own methods for rent collection. How a landlord collects rent, what they charge, and how they deal with late payments has to do both with their personal preferences and the laws in their state. Renting is a great way to earn side money or even a full liveable income, but there are many things to consider before you begin looking for tenants. If you have a property you’re interested

Read More »

What to Know Before Creating an LLC for a Rental Property

Interested in joining the more than 11 million real estate investors making money off rental properties? It’s a form of potentially passive income with great appeal, but like any investment, it also comes with potential risks. One way to mitigate risk is by setting up a business that would own the property rather than buying it in your own name. Creating an LLC for a rental property can help manage income, taxes, and liability for your rental business. If you’ve been wondering,

Read More »

Contact Us

    National Resources