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Where do laws that apply to Illinois housing come from?
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Laws that apply to Illinois housing come from many sources, including:
- Federal statutes and regulations,
- Illinois state statutes and regulations,
- County and city ordinances, and
- Court decisions, also called case law, from Illinois and federal courts.
Only some of these laws are called landlord -tenant laws. Laws that apply to rental properties can have other names, including:
- Fair housing laws, and
- Business restrictions on landlords, such as crime-free ordinances.
Restrictions on the property itself can also play a role. Rental housing may:
- Come with easements or covenants, and
- Belong to a property association.
In addition to these laws and property restrictions, rules for a particular rental are often set by:
- Programs that help pay rent, like vouchers or some types of assistance,
- Mortgage financing for the purchase of the property, and
- A spoken (oral) or written lease.
Laws that are from states, counties, or cities outside Illinois generally do not apply to Illinois properties. Learn more from our Legal research resources.
What are landlord-tenant laws?
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Landlord -tenant laws set rules for rental housing, including rental living conditions and eviction. They can also apply when adults live in property owned by someone they are not married to, even if no rent is paid or the unit is not legally approved for rental use. For example, a person who invites a friend to move in while they look for work and rebuild savings may still have to follow landlord-tenant laws.
Landlord-tenant laws apply to:
- Housing providers, including property owners, landlords, and anyone acting on their behalf, like a property manager,
- Tenants, who live in the property by spoken (oral) or written agreement with the owner or someone acting on their behalf,
- Subtenants, who live in the property by spoken or written agreement with a tenant, and
- Other lawful occupants.
Landlord-tenant laws do not prevent law enforcement from removing people for criminal trespass. Learn more about Trespassers and squatters.
Can landlord-tenant laws contain different rules for different types of housing?
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Yes, many landlord -tenant laws apply differently based on the type of dwelling. For example, the rules may be different for:
- Room rentals in an owner-occupied home,
- Single-room occupancy (SRO) buildings,
- Small owner-occupied properties with a few units,
- Multi-unit properties that are not owner-occupied, and
- Housing for a specific purpose, such as religious communities.
Some laws include mixed rules. One part may apply to many types of housing, and another part may apply only to certain types. The law that applies to a particular situation must match both the location and the type of housing.
Do leases have to follow applicable landlord-tenant laws to be enforceable?
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Yes, a lease must follow applicable landlord -tenant laws to be enforceable. Being enforceable means a judge can:
- Apply the lease terms, and
- Require the parties to follow them.
A lease is an agreement between a housing provider and a tenant. In Illinois, some leases can be spoken (oral). This includes month-to-month tenancies that renew automatically until they are ended. A lease for longer than one year must be in writing.
Lease terms can give a tenant more rights than the law requires, but not fewer. If a lease term does not follow the law, a judge may decide not to enforce that term, even if both parties agreed to it. For example, state law requires at least a 5-day notice for unpaid rent. A lease can require a longer notice period, such as 15 days, but not a shorter one.
How do domestic violence, dating violence, stalking, and sexual assault laws affect landlord-tenant rights?
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Renters who are survivors of domestic violence, dating violence, stalking, or sexual assault may have rights under more than one type of law. The same situation can involve:
- Landlord -tenant laws,
- Crime-free ordinances, and
- Protection from abuse laws, such as the right to seek an Order of Protection or Stalking No Contact Order.
More than one law can apply at the same time, such as:
- Criminal trespass laws,
- Written eviction notice requirements,
- Laws allowing a survivor to end their lease early, and
- Restrictions in an Order of Protection, which can grant exclusive possession of the home.
Learn more about Housing protections for survivors of domestic violence, dating violence, stalking, and sexual assault.
What are examples of Illinois local landlord-tenant laws?
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In addition to rules that apply across the whole state, local rules may add more limits in certain places, such as a city or county. A local rule can apply in addition to other laws.
Local landlord-tenant laws in Illinois include:
- Chicago Residential Landlord and Tenant Ordinance (CRLTO),
- DeKalb Landlord-Tenant Regulations,
- Evanston Residential Landlord and Tenant Ordinance (ERLTO),
- Mt. Prospect Residential Landlord and Tenant Regulations,
- Oak Park Residential Tenant and Landlord Ordinance (Oak Park RTLO),
- Suburban Cook County Residential Tenant Landlord Ordinance (CCRTLO), and
- Urbana Landlord-Tenant Ordinance.
The Cook County Just Housing Amendment to the Human Rights Ordinance also applies to housing throughout Cook County. Learn more about Cook County housing rights for people with a criminal record.
What is the Chicago Residential Landlord and Tenant Ordinance (CRLTO)?
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The Chicago Residential Landlord and Tenant Ordinance (CRLTO) sets rules for many Chicago housing providers and renters. Versions of this law have been in effect since 1986. The CRLTO applies to:
- Many types of private rental housing, and
- Many rental units that participate in subsidized housing programs, to the extent that the rules do not directly conflict with the laws governing those programs.
Most parts of the CRLTO do not apply to owner-occupied rentals with six or fewer units, except for:
- Ending week-to-week or month-to-month tenancies,
- Ending a written lease, and
- Lockouts and emergency rental repairs.
The CRLTO does not apply to:
- Travel accommodations, such as hotels and motels,
- Hospitals, extended care facilities, and not-for-profit homes for the aged,
- Temporary overnight or transitional shelters,
- Student housing controlled by a school or a qualifying related organization,
- Employees whose housing is part of their job,
- Housing cooperative proprietary leases,
- Convents and monasteries, and
- Agreements between buyers and sellers to allow a party to the real estate sale to live in the property before or after the sale.
Key CRLTO requirements include rules for:
- Lockouts and emergency rental repairs,
- When a landlord can enter a tenant’s living space for repairs,
- Ending week-to-week or month-to-month tenancies,
- Ending a written lease,
- Subleasing,
- Dealing with pests,
- Allowing tenants to correct or “cure” lease violations,
- Notifying tenants of a foreclosure case between the landlord and lender, and
- “Pay and stay” rights in eviction cases for unpaid rent.
Read the Chicago Residential Landlord and Tenant Ordinance or learn more from the City of Chicago Residential Landlord and Tenant Ordinance resources.
The Cook County Just Housing Amendment to the Human Rights Ordinance also applies to housing throughout Cook County. Learn more about Cook County housing rights for people with a criminal record.
What are the DeKalb Landlord-Tenant Regulations?
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The DeKalb Landlord-Tenant Regulations set rules for many housing providers and renters in DeKalb. Versions of this law have been in effect since 2001.
The DeKalb Landlord-Tenant Regulations apply to many types of rental housing in DeKalb. They do not apply to:
- Properties wholly owned by the state or federal government or by the DeKalb County Housing Authority,
- Travel accommodations like hotels or motels,
- Rooming houses,
- Institutional housing for medical, geriatric, counseling, religious, or similar services, or
- Housing used for detention.
Key requirements in the DeKalb Landlord-Tenant Regulations include:
- All landlords must make the DeKalb Tenant’s Handbook available to tenants for review,
- Written leases are required, and
- Limitations on when landlords can refuse subleasing.
Read DeKalb’s Landlord-Tenant Regulations for more information.
What is the Evanston Residential Landlord and Tenant Ordinance (ERLTO)?
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The Evanston Residential Landlord and Tenant Ordinance (ERLTO) sets rules for housing providers and tenants in Evanston. Not all ERLTO rules apply to all types of rentals. The lockout rules in the ERLTO apply to travel accommodations and real estate purchases, which are not otherwise covered.
The ERLTO does not apply to:
- Housing operated for the benefit of a social or fraternal organization, or as part of medical, geriatric, educational, or religious institutions,
- Travel accommodations in hotels or motels (except for the lockout rules),
- Licensed shared housing facilities, such as shelters for survivors of abuse, transitional treatment facilities, rooming houses, dormitories, and boarding houses,
- Agreements in a real estate sale that let the buyer occupy the property (except for the lockout rules), and
- Housing cooperative shareholder leases.
When housing is excluded from the ERLTO, the housing provider must:
- Notify prospective tenants in marketing materials, and
- State the exclusion on application materials before accepting any fees, including application, credit check, or holding fees.
Key ERLTO requirements include rules for:
- Lockouts and emergency rental repairs,
- When a landlord can enter a tenant’s living space for repairs,
- Dealing with pests,
- Ending week-to-week or month-to-month tenancies,
- Ending a written lease,
- Notifying tenants of lease violations, and
- Notifying tenants of a foreclosure case between the landlord and lender, and
- “Pay and stay” rights in eviction cases for unpaid rent.
Read the Evanston Residential Landlord and Tenant Ordinance or learn more from the City of Evanston’s Landlord & Tenant Resources and ERLTO page, which includes helpdesk information.
The Cook County Just Housing Amendment to the Human Rights Ordinance also applies to housing throughout Cook County. Learn more about Cook County housing rights for people with a criminal record.
What are the Mt. Prospect Residential Landlord and Tenant Regulations?
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The Mt. Prospect Residential Landlord and Tenant Regulations set rules for housing providers and tenants in Mt. Prospect. They apply to rental housing in Mt. Prospect, except for:
- Travel accommodations in licensed hotels and motels,
- Housing in medical, geriatric, educational, religious, nursing, or retirement institutions,
- Approved residential care homes, and
- Agreements in a real estate sale that let the buyer occupy the property.
Key Mt. Prospect Residential Landlord and Tenant Regulations include rules for:
- Lockouts and emergency rental repairs,
- When a landlord can enter a tenant’s living space for repairs,
- Ending week-to-week or month-to-month tenancies,
- Ending a written lease,
- Notifying tenants of a foreclosure case between the landlord and lender, and
- Fees for late rent.
Read Mt. Prospect Residential Landlord and Tenant Regulations or learn more from the online resources available on the Village of Mt. Prospect’s website.
The Cook County Just Housing Amendment to the Human Rights Ordinance also applies to housing throughout Cook County. Learn more about Cook County housing rights for people with a criminal record.
What is the Oak Park Residential Tenant and Landlord Ordinance (Oak Park RTLO)?
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The Oak Park Residential Tenant and Landlord Ordinance (Oak Park RTLO) sets rules for housing providers and tenants in Oak Park. The Oak Park RTLO applies to:
- Many types of private rental housing, and
- Rental units that participate in subsidized housing programs, to the extent that the rules do not directly conflict with the laws governing those programs.
Not all parts of the Oak Park RTLO apply to all units. Only the lockout rules, and not the rest of the Oak Park RTLO, apply to:
- Owner-occupied rentals with six or fewer units,
- Residential units that are single-family homes, including single condominium units, when:
- The unit is the only residential unit leased by the owner,
- The owner or immediate family member lived there for at least 1 of the 12 months before marketing the unit,
- The owner personally manages the unit, not a management company, and
- The owner is not a corporation,
- Employees whose housing is part of their job, and
- Agreements in a real estate sale that let the buyer occupy the property.
The Oak Park RTLO does not apply at all to:
- Travel accommodations in hotels or motels,
- Housing operated for the benefit of a social or fraternal organization, or as part of medical, geriatric, educational, or religious institutions,
- Temporary overnight or transitional shelters, and
- Housing cooperative shareholder leases.
When housing is excluded from the Oak Park RTLO, the housing provider must:
- Notify prospective tenants in marketing materials, and
- State the exclusion on application materials before accepting any fees, including application, credit check, or holding fees.
Key Oak Park RTLO requirements include rules for:
- Lockouts and emergency rental repairs,
- When a landlord can enter a tenant’s living space for repairs,
- Ending week-to-week or month-to-month tenancies,
- Ending a written lease,
- Utility cost disclosures,
- Subleasing,
- Notifying tenants of a foreclosure case between the landlord and lender, and
- “Pay and stay” rights in eviction cases for unpaid rent.
Read the Oak Park Residential Tenant and Landlord Ordinance or learn more from the Village of Oak Park’s online resources.
The Cook County Just Housing Amendment to the Human Rights Ordinance also applies to housing throughout Cook County. Learn more about Cook County housing rights for people with a criminal record.
What is the suburban Cook County Residential Tenant Landlord Ordinance (CCRTLO)?
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The suburban Cook County Residential Tenant Landlord Ordinance (CCRTLO) sets rules for many Cook County housing providers and renters. The CCRTLO does not apply to housing in Chicago, Evanston, Mt. Prospect, or Oak Park.
The CCRTLO applies to:
- Many types of private rental housing, and
- Many rental units that participate in subsidized housing programs, to the extent that the rules do not directly conflict with the laws governing those programs.
Not all parts of the CCRTLO apply to all units. Only the lockout rules, and not the rest of the CCRTLO, apply to:
- Owner-occupied rentals with six or fewer units,
- Residential units that are single-family homes, including single condominium units, when:
- The unit is the only residential unit leased by the owner,
- The owner or immediate family member lived there for at least 1 of the 12 months before marketing the unit,
- The owner personally manages the unit, not a management company, and
- The owner is not a corporation,
- Employees whose housing is part of their job,
- Agreements in a real estate sale that let the buyer occupy the property, and
- Certain units in hotels, motels, inns, bed-and-breakfasts, rooming houses, and boardinghouses.
The CCRTLO does not apply at all to:
- Travel accommodations in hotels or motels,
- Housing operated for the benefit of a social or fraternal organization, or as part of medical, geriatric, educational, or religious institutions,
- Temporary overnight or transitional shelters, and
- Housing cooperative shareholder leases.
When housing is excluded from the CCRTLO, the housing provider must:
- Notify prospective tenants in marketing materials, and
- State the exclusion on application materials before accepting any fees, including application, credit check, or holding fees.
Key CCRTLO regulations include rules for:
- Lockouts and emergency rental repairs,
- When a landlord can enter a tenant’s living space for repairs,
- Ending week-to-week or month-to-month tenancies,
- Ending a written lease,
- Utility cost disclosures,
- Subleasing,
- Allowing tenants to correct or “cure” lease violations, and
- Notifying tenants of a foreclosure case between the landlord and lender, and
- “Pay and stay” rights in eviction cases for unpaid rent.
Read the Cook County Residential Tenant Landlord Ordinance, and learn more from Cook County’s online resources.
The Cook County Just Housing Amendment to the Human Rights Ordinance also applies to housing throughout Cook County. Learn more about Cook County housing rights for people with a criminal record.
What is the Urbana Landlord-Tenant Ordinance?
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The Urbana Landlord-Tenant Ordinance sets rules for housing providers and tenants in Urbana.
The Urbana Landlord-Tenant Ordinance does not apply to:
- Housing for fraternal or social organization members that is operated for the benefit of the organization,
- Travel accommodations in hotels or motels,
- Institutional housing for medical, geriatric, counseling, religious, or similar services,
- Employees whose housing is part of their job, and
- Agreements in a real estate sale that let the buyer occupy the property.
Key Urbana Landlord-Tenant Ordinance regulations include rules for:
Read the Urbana Landlord-Tenant Ordinance or learn more from the City of Urbana’s online resources. The University of Illinois Urbana-Champaign also offers a summary of the Urbana Landlord-Tenant Ordinance.
Who can help me with landlord-tenant laws?
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Use Get Legal Help to find free and low-cost legal resources.
When safety is a concern in shared living situations, including roommates, romantic partners, and adult family members who are part of the same household, contact:
- The Illinois Domestic Violence Hotline at (877) 863-6338, or
- The National Domestic Violence Hotline at (800) 799-7233.
Learn more about Protection from abuse.
Worried about doing this on your own? You may be able to get free legal help.