House & Apartment

A lease is an agreement that lets a tenant A person who rents a space use a landlord’s An owner of property who rents it out to a tenant property. In residential leases, a person lives in a housing provider’s property.

Leases can create:

• A week-to-week or month-to-month tenancy, or
• A rental agreement for a specific period of time.

Landlords are required to share certain information with a tenant as part of creating a lease:

• All housing providers must give tenants the Summary of Rights for Safer Homes with new and renewal leases,
• Lead disclosure requirements apply to homes built before 1978,
• Private landlords must provide radon information for units on the second floor or lower, and
• Some local laws require landlords to provide specific additional papers, like utility costs for the past 12 months, summaries of landlord-tenant ordinances, and security deposit A payment the tenant makes to the landlord at the start of a lease. It can be used if the tenant doesn't pay rent or damages the rental unit. rules.

To create a lease, the landlord An owner of property who rents it out to a tenant and tenant A person who rents a space must agree on:

1. The property the tenant can use (the “premises”),
2. How long the tenant can use the property (the “term” or “rental period”),
3. What happens when the lease ends (whether it will end on a set date or renew), and
4. Payment details, such as the amount of rent, when it is due, and how to pay.

The premises might be an entire building or a single room. Some leases specify when a tenant can use certain areas, like shared laundry facilities.

Landlords can offer electronic payment options. However, they must also accept rent in ways that do not involve additional fees, such as cash or check. Landlords cannot require tenants to use electronic funds transfer (EFT) payments.

Written rental agreements can also include:

• Fees for late payments to the extent allowed by state and local law, and
• Restrictions on how the property can be used.

Yes, leases for up to one year can be spoken (oral), unless a law requires the lease to be in writing. Landlord An owner of property who rents it out to a tenant -tenant laws apply to spoken and written leases. 

Some people say they “do not have a lease” or that “there is no lease.” In many cases, this means there is no written lease. A spoken lease can still exist if a landlord and tenant A person who rents a space agree to a living arrangement. Many people in Illinois have month-to-month spoken leases.

When people create a spoken lease, the landlord is still responsible for providing any written information required by law. This can include:

• All housing providers must give tenants the Summary of Rights for Safer Homes with new and renewal leases,
• Lead disclosure requirements apply to homes built before 1978,
• Private landlords must provide radon information for units on the second floor or lower, and
• Some local laws require landlords to provide specific additional papers, like utility costs for the past 12 months, summaries of landlord-tenant ordinances, and security deposit A payment the tenant makes to the landlord at the start of a lease. It can be used if the tenant doesn't pay rent or damages the rental unit. rules.

A tenancy is an agreement for a person to live in another person’s property and pay rent each week or month. These tenancies continue until the landlord An owner of property who rents it out to a tenant or tenant A person who rents a space gives notice that they will end.

Tenancies can be spoken (oral) or written:

• A tenant who pays rent weekly has a week-to-week tenancy, and
• A tenant who pays rent monthly has a month-to-month tenancy.

Many informal housing arrangements are month-to-month tenancies.

Rental agreements are leases that allow a person to live in someone else's property for a set period of time. Written rental agreements may:

• End on a specific date and not renew,
• Turn into a month-to-month tenancy after the term ends, or
• Automatically renew for another set period of time.

Tenants with a spoken lease who need to prove that they live at a particular address can request that their landlord: An owner of property who rents it out to a tenant

• Sign a form confirming the tenant A person who rents a space lives at the property, or
• Write a landlord verification letter.

Common reasons a tenant may need this include enrolling children in school or buying insurance. 

Illinois does not have a standard statewide form for rental verification. The person or agency requesting proof may:

• Provide a form to complete, or
• Explain what information the letter must include.

A written lease is required in some situations. These include:

• A lease longer than one year,
• Use of a Housing Choice Voucher (HCV),
• Certain utility payment arrangements,
• A local law requiring a written lease, such as in DeKalb, Evanston, and Mt. Prospect, and
• Mobile home parks, which must offer 24-month written leases that a tenant A person who rents a space can decline in writing.

A written lease is also needed for a landlord An owner of property who rents it out to a tenant to enforce Taking legal steps to make someone do what the court tells them to do certain terms, including:

• Restrictions on how the property can be used, and
• Fees, such as late payment fees or charges for violating lease terms.

A written lease is required when a landlord charges tenants for utilities in certain ways.

This includes:

• Dividing one utility bill among multiple tenants, or
• Charging a tenant for utilities that include shared or common areas.

When one utility bill is divided among tenants, this is sometimes called "master metering." The Tenant Utility Payment Disclosure Act applies in this situation. Under this law:

• The lease must explain how the tenant's share is calculated,
• The total charged to all tenants cannot be more than the total bill, and
• The landlord must provide copies of the utility bills if the tenant requests them.

A written lease is also required if a tenant's utility bill includes usage outside their unit, such as hallway lighting or shared appliances. The Rental Property Utility Service Act applies in this situation. If this arrangement is not disclosed in a written lease, the tenant's rent may be reduced by the full amount of the utility charges. 

Leases for properties covered by the Oak Park Residential Tenant and Landlord Ordinance (Oak Park RTLO) and suburban Cook County Residential Tenant and Landlord Ordinance (CCRTLO) must also include the cost of utility service over the last 12 months, if known.

Landlords can add restrictions to a written lease after a tenant A person who rents a space moves in, but only in certain situations.

Private housing: As part of a lease renewal, unless the tenant agrees in writing to a change during the lease term. The tenant can decline new terms until renewal. The landlord An owner of property who rents it out to a tenant must follow rules that give tenants time to decide whether to renew.

Subsidized housing: Usually at lease renewal, with written notice as required by the lease, program rules, and any applicable local laws. The amount of notice depends on the housing program and local housing authority.

Mobile home parks: 30 days written notice is required. The new rule must be for convenience, safety, or welfare, to protect park property, or to fairly distribute services. It cannot conflict with the existing lease.

In general, changing a term in a written month-to-month lease requires written notice at least one full rent period in advance. This is usually at least one month before the change takes effect.

Landlords can increase rent, but the timing and notice depend on the type of lease and the location of the property. Landlords cannot increase rent to retaliate against a tenant A person who rents a space for protected conduct.

Spoken leases: A landlord An owner of property who rents it out to a tenant must give advance notice before increasing rent. This is often at least one full rent period in advance. In some areas, including Chicago and mobile home parks, written notice is required and longer notice periods may apply.

Written leases: A landlord can usually increase rent only when the lease term ends, unless the lease allows increases during the term. Landlords must follow rules that give tenants time to decide whether to renew. 

Specific rules apply to Housing Choice Voucher (HCV) holders, Chicago properties, and mobile home parks.

No, Illinois law prohibits landlords from raising rent to retaliate against a tenant for protected conduct. 

Protected conduct includes:

• Complaining about code violations at the property to a relevant governmental agency, elected representative, or public official responsible for enforcing building, housing, or health codes,
• Complaining to a community organization about code violations or illegal landlord An owner of property who rents it out to a tenant practices,
• Getting help from a community organization to fix code violations or illegal landlord practices,
• Asking the landlord to make repairs required by law or the lease,
• Organizing or joining a tenants’ union or similar group,
• Testifying in court or a hearing When the parties in a case present their sides of a case to a judge or other officer about the condition of the property, and
• Using any right or legal remedy provided by law.

A rent increase is not retaliation Punishing a person for doing something that is legally protected if:

• The landlord has a legitimate, non-retaliatory reason, or
• The landlord acted before the tenant engaged in the protected conduct.

For housing with a Housing Choice Voucher (HCV), rent increases must follow program rules:

• The increase must be at the end of a lease term,
• The landlord An owner of property who rents it out to a tenant must give written notice to the tenant, A person who rents a space
• The landlord must give at least 60 days advance notice to the Public Housing Agency (PHA) and submit required forms, and
• The PHA must approve the rent increase.

Changes to the total rent are different from changes to the amount the tenant pays. Learn more about how the tenant's share of the rent can change.

In Chicago, landlords must follow specific notice rules before increasing rent. A landlord An owner of property who rents it out to a tenant cannot increase rent during a written lease term.

The amount of notice depends on how long the tenant has lived in the unit:

• Less than 6 months: At least 30 days notice,
• Between 6 months and 3 years: At least 60 days notice, and
• More than 3 years: At least 120 days notice.

These rules apply to both written and spoken leases, including month-to-month tenancies. They also apply to owner-occupied properties with 6 or fewer units.

If a landlord gives less notice than required:

• Tenants who have lived in the unit up to 3 years, including less than 6 months, can remain in the unit under the same lease terms for up to 60 days after the notice is given, and
• Tenants who have lived in the unit more than 3 years can remain in the unit under the same lease terms for up to 120 days after the notice is given.

In a mobile home park, a landlord can increase rent in limited situations:

• By giving at least 90 days advance written notice before the lease expires,
• Between the first and second years of a 24-month written lease, if the increase is included in the lease, or
• For month-to-month tenancies, with at least 90 days written notice.

If a tenant A person who rents a space receives a 90-day notice, they have 30 days to:

• Accept the increase and stay,
• Apply for the Rent Deferral Program by submitting a sworn affidavit, A notarized written statement signed by a person under oath tax return papers, and any other needed financial documentation, or
• Give the landlord a move-out date that is before the increase takes effect.

The Rent Deferral Program for mobile home parks allows some tenants to continue paying the old rent amount for one year while attempting to sell the home. When the home is sold, they pay the difference between the old rent amount and the increased rent. 

Tenants and co-tenants can qualify by providing a sworn affidavit, tax return papers, and any other documents needed to verify their income and assets Anything a person owns that has financial value within 30 days of receiving the 90-day notice. The sworn affidavit must state:

• That they are listing the mobile home with a licensed sales entity and marketing it for sale, and
• That the proposed new rent will exceed 45% of the their taxable and non-taxable income from all sources.

Leases can include reasonable rules about how tenants use the property. These rules are usually only enforceable if they are in a written lease.

For example, some written leases may limit:

• Pets,
• Smoking or vaping,
• Making holes in walls, or
• Using certain items, such as waterbeds.

Lease terms cannot:

• Protect the landlord An owner of property who rents it out to a tenant from responsibility for their own actions,
• Remove the tenant’s A person who rents a space right to safe and livable housing (implied warranty of habitability), A promise that rental property will be fit for people to live in
• Discriminate based on protected characteristics, or
• Violate local laws.

If a tenant agrees to a lease term and does not follow it, the landlord may serve Giving court documents to someone an eviction notice for a lease violation. This can lead to an eviction case and loss of the home.

Yes, private housing providers can restrict guests if the restriction is:

• Written in the lease, and
• Reasonable.

What is reasonable depends on the type of housing and the terms of the lease.

Examples of guest restrictions in private housing include:

• Limits on the number of overnight guests,
• Limits on how often a guest can stay overnight, or
• Limits on how long a guest can stay.

A landlord An owner of property who rents it out to a tenant may also require a guest to leave if the guest is causing problems on the property, even if the tenant A person who rents a space invited them. This is sometimes called “barring” a guest from the property.

If a tenant does not follow guest rules in the lease, the landlord may:

• Ask the guest to leave, and
• Serve Giving court documents to someone an eviction notice for a lease violation, which can lead to an eviction case and loss of the home.

Yes, public housing providers can restrict guests. The rules must follow federal and state law.

Rules restricting guests must be:

• Reasonable,
• Related to health, safety, or occupancy standards, and
• Applied in a non-discriminatory way.

Public housing providers may set limits on how long guests can stay. For example:

• Total days allowed per year,
• Length of each visit, or
• Requirements for approval of longer stays.

Illinois public housing providers cannot set guest rules based only on a person's criminal history.

A housing provider may require a guest to leave if the guest threatens the health, safety, or peace of the property. 

If a tenant A person who rents a space does not follow guest rules, the housing provider may:

• Ask the guest to leave, and
• Serve Giving court documents to someone an eviction notice for a lease violation, which can lead to an eviction case and loss of the home.

Subleasing, or subletting, is when a tenant A person who rents a space rents their unit to another person. The new person is called a subtenant A tenant who will share the rental payments. They can also take over from the first tenant in the apartment. or subletter. The subtenant pays rent to the tenant.

Subleases can be spoken (oral) or written. They can be month-to-month, week-to-week, or for a set period of time.

Some leases do not allow subleasing. If a lease prohibits subleasing and the tenant sublets anyway, both the tenant and the subtenant may face eviction. A court case brought by a landlord to get a tenant to move out

Tenants with a Housing Choice Voucher (HCV) cannot sublease.

Some local laws require landlords to allow subleasing in certain situations. These include:

• Chicago, unless the tenant lives in an owner-occupied property with 6 or fewer units,
• DeKalb, if the landlord An owner of property who rents it out to a tenant does not have a valid reason to refuse,
• Oak Park, if the proposed subtenant is reasonable, and
• Urbana, where lease terms cannot prohibit subleasing.

No, some landlords let tenants use the landlord’s An owner of property who rents it out to a tenant property without paying rent money. This could look like:

• The landlord wants the unit occupied for safety reasons, such as preventing damage or trespassing, Unlawful entry or attempted entry of the property of another
• The landlord accepts goods or services instead of money for rent, or
• The landlord lets the tenant A person who rents a space stay in the property as a personal arrangement.

These arrangements can create serious legal and safety risks. A person living in the property may not be protected as a tenant and may have limited legal rights.

The risks include:

• A person may be removed from the property under criminal trespass laws if they cannot show a legal right to live there,
• Housing tied to employment may not be covered by landlord-tenant laws (including in Chicago, suburban Cook County, and Urbana), and
• Unsafe situations, such as domestic violence, exploitation, or human trafficking.

For help with safety concerns:

• The Illinois Domestic Violence Hotline at (877) 863-6338,
• The National Domestic Violence Hotline at (800) 799-7233, or
• The National Human Trafficking Hotline at (888) 373-7888.

Learn more about Housing protections for survivors of domestic violence, dating violence, stalking, and sexual assault.

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 Any person 18 years old or over 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.