ILLINOIS: The Illinois Retaliatory Eviction Act prohibits landlords from evicting tenants for complaining to any governmental authority. There is no limit on the amount of security deposit a landlord can require; however, the landlord must pay the tenant interest on the security deposit if it is held for at least six months and there are at least 25 rental units in the complex. The landlord must pay the interest to the tenant or apply the interest as a credit to rent every 12 months. Security deposits must be returned within 45 days of tenant move out. Any security deposit wrongfully withheld by the landlord is subject to double damages. Leases running year-to-year require a 60-day written notice. Evictions require a 10 day notice. Lockouts and utility shutoffs are prohibited.
Leases and Rental Agreements
A lease or rental agreement is a contract between a landlord and a tenant which gives the tenant the right to use and occupy rental property for a certain period of time. When a tenant turns over the right or the partial right to use and occupy rental property to a roommate or subtenant, that agreement is sometimes referred to as a sublease. A lease can be a verbal agreement or a written agreement. At the end of the lease, use and possession of rental property must be returned to the landlord. A lease requires the tenant to pay a specified amount of money each month in return for the use and enjoyment of the premises. This payment is called rent.
Parties to a Lease
Landlord
A landlord is the owner the rental property or the agent of the owner of rental property. Often real estate management companies will act as landlords for private or CORPORATE entities. The landlord allows a tenant to use and occupy the rental property in exchange for payment of rent.
Tenant
A tenant is the person or entity that has the right to occupy rental property in accordance with a rental agreement or lease. In addition to provisions set out in the lease, state law typically outlines tenant rights with its own Landlord and Tenant law.
Roommates
If roommates are listed on the lease, each roommate is considered a tenant and each one will be individually fully responsible for the total amount of the rent due to the landlord, unless the lease specifically states otherwise. If only one roommate is listed on the lease and the others have not signed the lease, only the roommate listed is considered the tenant. The others are considered subtenants. Only roommates who sign the lease are responsible for the full amount of the rent to the landlord. The roommates who signed may have some separate claims against their non-signing, non-paying roommates, but such claims would typically be covered by contract law rather than landlord tenant law.
Standard Lease Provisions
Most lease have standard provisions which set forth landlord and tenant rights and obligations. Such provisions include:
The names of the parties
A description of the rental property
The term, or length, of the lease
The amount of rent
The due date of the rent
The amount of the security deposit
Whether the tenant is subject to late fees
Maintenance responsibilities
Options to renew
Termination notice requirements
When the landlord may enter the rental property
Rules concerning pets
While leases or rental agreements do not have to be in writing to be valid, the terms of the agreement will be easier to enforce and the responsibilities of the parties will be clearer if the rental agreement is in writing.
Unenforceable clauses
Some clauses that appear in a written lease or rental agreement are, by the nature of the clause, unenforceable. These include agreements that the landlord can repossess property if the tenant falls behind in the rent, agreements allowing the landlord to enter the rental unit any time, without notice, agreements that tenants will pay for all damages to the rental unit without regard to fault, and agreements that court action entitles the landlord to more money than can be order by the court.
Landlord Obligations
Landlords have the responsibility to maintain residential rental property and repair any defects. Under most state law, there is an IMPLIED WARRANTY of habitability, which is defined as the minimum standard for decent, safe, sanitary housing suitable for human habitation. This warranty applies throughout the lease. Most jurisdictions that ordinances or laws that require owners of real property to maintain the property and make any necessary repairs. These codes typically require that any rental property offered by a landlord must meet the minimum standards established in the codes. The landlord's obligation is to deliver the rental property to the tenant in compliance with the housing codes and to maintain compliance with the housing codes throughout the time the tenant has possession of the rental property.
Tenant Obligations
The responsibilities of tenants are typically spelled out in the lease; however, basic responsibilities include timely payment of rent, reasonable use and care of the premises, and a duty not to disturb or disrupt surrounding neighbors with excessive noise.
Security Deposits
A security deposit is an amount of money given by the tenant to the landlord to ensure that reimbursement is available for any damage done to the premises by the tenant. Some leases require additional deposits for pets or waterbeds. State laws require the return of the security deposit within a certain period of time. If the entire security deposit is not returned, the landlord should provide the tenant with a written explanation regarding any deductions made from the security deposit. Some states have laws with steep financial penalties for landlords that fail to return the security deposit within the amount of time allowed by law. A security deposit typically cannot be credited toward the payment of the final month's rent. Some state laws require the landlord to keep the security deposit in a separate interest bearing account.
Eviction and Unlawful Detainer
Eviction is a legal process by which a landlord may terminate a tenant's right to remain on the rental property. Ultimately, the tenant may be forcibly removed from the property by the sheriff or other law enforcement official; however, doing so requires a formal court order. A tenant can be evicted for numerous reasons, but typically evictions take place where the tenant is in violation of one or more provisions of the lease agreement. Valid reasons for eviction may include:
Failure to pay rent on time
Harboring pets or persons not authorized to reside at the premises under the lease
Illegal or criminal activity taking place within the rental premises
A landlord cannot forcibly evict a tenant without proper notice. The landlord must provide written notice to the tenant of the DEFAULT. If the tenant does not fix the default within a reasonable amount of time, the landlord must file for a formal court eviction proceeding. Courts commonly refer to eviction actions as "forcible entry and detainer" or "unlawful detainer" actions. The legal theory is that the landlord alleges the tenant unlawfully continues to detain or have use and possession of the rental property, and the landlord seeks the assistance of the court to have the tenant removed. The first step is for the landlord to file a complaint or petition with the local court and pay a small filing fee. The tenant must be served with the court documents. An UNLAWFUL DETAINER action is typically a proceeding which, unlike many civil trials, can move quickly through a court system; however, in some jurisdictions, tenants are entitled upon request to a jury trial in which the jury determines whether the tenant should be evicted.
In most jurisdictions, once the landlord has filed the required paperwork, a court HEARING on the unlawful DETAINER will be set. In some jurisdictions, the tenant is required to file a written notice or answer. In those jurisdictions, if the answer is not filed, the landlord will prevail without a hearing ever being set. In jurisdictions that do require a hearing, if the tenant does not attend the scheduled court hearing, the landlord will prevail. If the tenant does attend, the court will determine whether the tenant should be evicted and will take into account any defenses the tenant may have. The landlord may be given a monetary judgment for the amount of money owed for rent, attorney fees and costs, and may be granted a WRIT for possession of the premises. A writ will typically issue a few days after the judgement, allowing the tenant the opportunity to move voluntarily. Once the writ is issued, it may be executed by local law enforcement officials (never the landlord directly) so that the tenant is removed from the rental property and then the landlord is given possession.
Defenses to Eviction Proceedings
Improper Notice
Each state has its own requirements for the notice of eviction and the method the tenant receives the notice. If the landlord did not provide sufficient notice prior to filing a court action or did not correctly deliver or serve the notice to the tenant, the tenant may have a defense to the eviction, even if the tenant has not paid the required rent. If this argument is successful, the landlord will usually be forced to redo the procedure from the beginning.
Acceptance of Partial Rent
If the landlord accepts partial rent from the tenant, knowing that the tenant is in noncompliance with the lease agreement, either because of nonpayment of rent or due to some other reason, the right to evict the tenant during that rent period is usually waived. The landlord could have the tenant sign a paper indicating that partial acceptance on the part of the landlord waives any rights the tenant would otherwise have to claim partial payment. Such waivers are valid in many jurisdictions.
Failure of the Landlord to Maintain the Premises
A tenant seeking to use this theory as a defense to eviction should provide written notice to the landlord that there is a defect in the property. The notice to the landlord typically must provide the landlord with a reasonable amount of time to accomplish the repairs. If the landlord is nonresponsive, the tenant may then hire and pay for a professional to make the necessary repairs, then deduct the cost of the repairs from the rent paid to the landlord. Some states restrict this repair and deduct tactic and provide that the cost of the repair must not be more than one month's rent.
Retaliatory Eviction
This type of eviction happens when the landlord takes an action against a tenant for acting as an tenant activist. If the landlord seeks to evict the tenant for informing government agencies of code violations or requesting that the landlord make repairs and maintain the rental property in fit and habitable condition, a retaliatory eviction claim may be a valid defense to an eviction action.
Constructive Eviction
Constructive eviction occurs when residential rental property is in an uninhabitable condition. When rental property is uninhabitable, it is said to create circumstances under which the tenant has been deprived of the full use and possession of the rental property and has therefore been "evicted." The theory of constructive eviction is that since the tenant did not received what was contracted for, the tenant is not obligated to continue paying rent to the landlord. In order for such a claim to be effective, the tenant should give the landlord written notice of reasons for the constructive eviction and provide the landlord with a reasonable amount of time to correct the problems. If the landlord does not fix the problems within a reasonable amount of time, the tenant may leave the rental property and not be responsible for payment of rent which would have otherwise been due.
Fair Housing
In 1968 the federal government passed the Fair Housing Act which has since been modified and adopted by states and various localities. The Fair Housing Act as amended prohibits discrimination in housing and related transactions on the basis of race, color, national origin, sex, religion, DISABILITY, and familial status (the presence or anticipated presence of children under 18 in a home). The Act covers discrimination in all types of housing-related transactions, including rentals and leases.
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