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Illinois

Welcome to legal pages here on Underground Landlord for the great state of Illinois! Enjoy

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LANDLORD AND TENANT

  • 765 ILCS 705/      Landlord and Tenant Act.

  • 765 ILCS 710/      Security Deposit Return Act.

  • 765 ILCS 715/      Security Deposit Interest Act.

  • 765 ILCS 720/      Retaliatory Eviction Act.

  • 765 ILCS 725/      Property Taxes of Noncitizen Landlords Act.

  • 765 ILCS 730/      Rent Concession Act.

  • 765 ILCS 735/      Rental Property Utility Service Act.

  • 765 ILCS 740/      Tenant Utility Payment Disclosure Act.

  • 765 ILCS 742/      Residential Tenants' Right to Repair Act.

  • 765 ILCS 745/      Mobile Home Landlord and Tenant Rights Act.

  • 765 ILCS 750/      Safe Homes Act.

  • 765 ILCS 755/      Immigrant Tenant Protection Act.

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Alphabetical list of Counties in Illinois
  • Adama County, IL

  • Alexander County, IL

  • Bond County, IL

  • Boone County, IL

  • Brown County, IL

  • Bureau County, IL

  • Calhoun County, IL

  • Carroll County, IL

  • Cass County, IL

  • Champaign County, IL

  • Christian County, IL

  • Clark County, IL

  • Clay County, IL

  • Clinton County, IL

  • Coles County, IL

  • Cook County, IL

  • Crawford County, IL

  • Cumberland County, IL

  • De Kalb County, IL

  • De Witt County, IL

  • Douglas County, IL

  • Du Page County, IL

  • Edgar County, IL

  • Edwards County, IL

  • Effingham County, IL

  • Fayette County, IL

  • Ford County, IL

  • Franklin County, IL

  • Fulton County, IL

  • Gallatin County, IL

  • Greene County, IL

  • Grundy County, IL

  • Hamilton County, IL

  • Hancock County, IL

  • Hardin County, IL

  • Henderson County, IL

  • Henry County, IL

  • Iroquois County, IL

  • Jackson County, IL

  • Jasper County, IL

  • Jefferson County, IL

  • Jersey County, IL

  • Jo Daviess County, IL

  • Johnson County, IL

  • Kane County, IL

  • Kankakee County, IL

  • Kendall County, IL

  • Knox County, IL

  • Lake County, IL

  • LaSalle County, IL

  • Lawrence County, IL

  • Lee County, IL

  • Livingston County, IL

  • Logan County, IL

  • Macon County, IL

  • Macoupin County, IL

  • Madison County, IL

  • Marion County, IL

  • Marshall County, IL

  • Mason County, IL

  • Massac County, IL

  • McDonough County, IL

  • McHenry County, IL

  • McLean County, IL

  • Menard County, IL

  • Mercer County, IL

  • Monroe County, IL

  • Montgomery County, IL

  • Morgan County, IL

  • Moultrie County, IL

  • Ogle County, IL

  • Peoria County, IL

  • Perry County, IL

  • Piatt County, IL

  • Pike County, IL

  • Pope County, IL

  • Pulaski County, IL

  • Putnam County, IL

  • Randolph County, IL

  • Richland County, IL

  • Rock Island County, IL

  • Saint Clair County, IL

  • Saline County, IL

  • Sangamon County, IL

  • Schyyler County, IL

  • Scott County, IL

  • Shelby County, IL

  • Stark County, IL

  • Stephenson County, IL

  • Tazewell County, IL

  • Union County, IL

  • Vermillion County, IL

  • Wabash County, IL

  • Warren County, IL

  • Washington County, IL

  • Wayne County, IL

  • White County, IL

  • Whiteside County, IL

  • Will County, IL

  • Williamson County, IL

  • Winnebago County, IL

  • Woodford County, IL

(765 ILCS 705/) Landlord and Tenant Act.

 

 

    (765 ILCS 705/0.01) (from Ch. 80, par. 90)
   Sec. 0.01. Short title. This Act may be cited as the Landlord and Tenant Act.
(Source: P.A. 89-82, eff. 6-30-95.)

 

 

    (765 ILCS 705/1) (from Ch. 80, par. 91)
   Sec. 1. Liability exemptions.
   (a) Except as otherwise provided in subsection (b), every covenant, agreement, or understanding in or in connection with or collateral to any lease of real property, exempting the lessor from liability for damages for injuries to person or property caused by or resulting from the negligence of the lessor, his or her agents, servants or employees, in the operation or maintenance of the demised premises or the real property containing the demised premises shall be deemed to be void as against public policy and wholly unenforceable.
   (b) Subsection (a) does not apply to a provision in a non-residential lease that exempts the lessor from liability for property damage.
(Source: P.A. 94-601, eff. 8-16-05.)

 

 

    (765 ILCS 705/3)
   Sec. 3. Rent payments at business office; cross-reference. Leases and other rental agreements may be subject to Section 9-218 of the Code of Civil Procedure (735 ILCS 5/9-218).
(Source: P.A. 94-2, eff. 5-31-05.)

 

 

    (765 ILCS 705/5)
   Sec. 5. Class X felony by lessee or occupant.
   (a) If, after the effective date of this amendatory Act of 1995, any lessee or occupant is charged during his or her lease or contract term with having committed an offense on the premises constituting a Class X felony under the laws of this State, upon a judicial finding of probable cause at a preliminary hearing or indictment by a grand jury, the lease or contract for letting the premises shall, at the option of the lessor or the lessor's assignee, become void, and the owner or the owner's assignee may notify the lessee or occupant by posting a written notice at the premises requiring the lessee or occupant to vacate the leased premises on or before a date 5 days after the giving of the notice. The notice shall state the basis for its issuance on forms provided by the circuit court clerk of the county in which the real property is located. The owner or owner's assignee may have the same remedy to recover possession of the premises as against a tenant holding over after the expiration of his or her term. The owner or lessor may bring an eviction action.
   (b) A person does not forfeit his or her security deposit or any part of the security deposit due solely to an eviction under the provisions of this Section.
   (c) If a lessor or the lessor's assignee voids a contract under the provisions of this Section, and a tenant or occupant has not vacated the premises within 5 days after receipt of a written notice to vacate the premises, the lessor or the lessor's assignee may seek relief under Article IX of the Code of Civil Procedure. Notwithstanding Sections 9-112, 9-113, and 9-114 of the Code of Civil Procedure, judgment for costs against the plaintiff seeking eviction under this Section shall not be awarded to the defendant unless the action was brought by the plaintiff in bad faith. An eviction action under this Section shall not be deemed to be in bad faith if the plaintiff based his or her cause of action on information provided to him or her by a law enforcement agency or the State's Attorney.
   (d) The provisions of this Section are enforceable only if the lessee or occupant and the owner or owner's assignee have executed a lease addendum for drug free housing as promulgated by the United States Department of Housing and Urban Development or a substantially similar document.
(Source: P.A. 100-173, eff. 1-1-18.)

 

 

    (765 ILCS 705/10)
   Sec. 10. Failure to inform lessor who is a child sex offender and who resides in the same building in which the lessee resides or intends to reside that the lessee is a parent or guardian of a child under 18 years of age. If a lessor of residential real estate resides at such real estate and is a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012 and rents such real estate to a person who does not inform the lessor that the person is a parent or guardian of a child or children under 18 years of age and subsequent to such lease, the lessee discovers that the landlord is a child sex offender, then the lessee may not terminate the lease based upon such discovery that the lessor is a child sex offender and such lease shall be in full force and effect. This subsection shall apply only to leases or other rental arrangements entered into after the effective date of this amendatory Act of the 95th General Assembly.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

 

 

    (765 ILCS 705/15)
   Sec. 15. Changing or rekeying of the dwelling unit lock.
   (a) A lessor of a dwelling unit shall comply with the provisions of this Section regarding the changing or rekeying of the dwelling unit lock. For the purposes of this Section, "dwelling unit" means a room or suite of rooms used for human habitation and for which a lessor and a lessee have a written lease agreement.
   (b) After a dwelling unit has been vacated and on or before the day that a new lessee takes possession of the dwelling unit, the lessor shall change or rekey the immediate access to the lessee's individual dwelling unit. For the purposes of this Section, "change or rekey" means:
       (1) replacing the lock;
       (2) replacing the locking or cylinder mechanism in    

the lock so that a different key is used to unlock the lock;

        (3) changing the combination on a combination or

    

digital lock;

        (4) changing an electronic lock so that the means or

    

method of unlocking the lock is changed from the immediately prior tenant; or

        (5) otherwise changing the means of gaining access to

    

the lessee's locked individual dwelling unit so that it is not identical to the prior lessee's means of gaining access to the lessee's locked individual dwelling unit.

    (c) If a lessor does not change or rekey the lock as required in this Section, and a theft occurs at that dwelling unit that is attributable to the lessor's failure to change or rekey the lock, the landlord is liable for any damages from the theft that occurs as a result of the lessor's failure to comply with this Section.
   (d) The provisions of this Section do not apply if the lessee has obtained the right to change or rekey the dwelling unit lock pursuant to a written lease agreement.
   (e) The provisions of this Section do not apply to (i) an apartment rental in an apartment building with 4 units or less when one of the units is occupied by the owner or (ii) the rental of a room in a private home that is owner-occupied.
   (f) This Section applies only in counties having a population of more than 3,000,000.
(Source: P.A. 97-470, eff. 1-1-12.)

 

 

    (765 ILCS 705/16)
   Sec. 16. Military personnel in military service; right to terminate lease.
   (a) In this Section:
   "Military service" means any full-time training or duty, no matter how described under federal or State law, for which a service member is ordered to report by the President, Governor of a state, commonwealth, or territory of the United States, or other appropriate military authority.
   "Service member" means a resident of Illinois who is a member of any component of the U.S. Armed Forces or the National Guard of any state, the District of Columbia, a commonwealth, or a territory of the United States.
   (b) A tenant who is a service member that has entered military service for a period greater than 29 consecutive days or any member of the tenant's family who resides with the tenant at the leased premises may terminate a lease for a mobile home lot, residential premises, non-residential premises, or farm or agricultural real property if the tenant enters military service for greater than 29 consecutive days after executing the lease or the tenant, while in military service, receives military orders for a permanent change of station or to deploy with a military unit or as an individual in support of a military operation for a period of not less than 90 days, regardless of whether the lease was signed before or during military service. This provision applies to leases executed on or after the effective date of this amendatory Act of the 97th General Assembly.
   (c) In order to exercise the right to terminate the lease granted to a service member under this Section, a service member or a member of the service member's family who resides with the service member at the leased premises must provide the landlord or mobile home park operator with a copy of the orders calling the service member to military service in excess of 29 consecutive days and of any orders further extending the service member's period of service.
   (d) Termination of the lease is effective 30 days after the delivery of the notice to the landlord, except that if rent is paid in monthly installments the termination is effective 30 days after the next rental payment due date after the date of the notice to the landlord. If any rent payment was made in advance, the landlord must return any unearned portion and the landlord must return any security deposit paid, except to the extent that there are actual damages or repairs to be paid from the security deposit as provided in the lease agreement.
   (e) A landlord's failure to accept a service member's termination of a lease that is effected pursuant to this Section imposed by this Section constitutes a civil rights violation under the Illinois Human Rights Act. All proceeds from the collection of any civil penalty imposed under this subsection shall be deposited into the Illinois Military Family Relief Fund.
(Source: P.A. 97-913, eff. 1-1-13.)

(765 ILCS 710/) Security Deposit Return Act.

 

 

    (765 ILCS 710/0.01) (from Ch. 80, par. 100)
   Sec. 0.01. Short title. This Act may be cited as the Security Deposit Return Act.
(Source: P.A. 86-1324.)

 

 

    (765 ILCS 710/1) (from Ch. 80, par. 101)
   Sec. 1. Statement of damage.
   (a) Except as provided in subsection (b), a lessor of residential real property, containing 5 or more units, who has received a security deposit from a lessee to secure the payment of rent or to compensate for damage to the leased premises may not withhold any part of that deposit as reimbursement for property damage unless the lessor has, within 30 days of the date that the lessee vacated the leased premises, furnished to the lessee, by personal delivery, by postmarked mail directed to his or her last known address, or by electronic mail to a verified electronic mail address provided by the lessee, an itemized statement of the damage allegedly caused to the leased premises and the estimated or actual cost for repairing or replacing each item on that statement, attaching the paid receipts, or copies thereof, for the repair or replacement. If the lessor utilizes his or her own labor to repair or replace any damage or damaged items caused by the lessee, the lessor may include the reasonable cost of his or her labor to repair or replace such damage or damaged items. If estimated cost is given, the lessor shall furnish to the lessee, delivered in person or by postmarked mail directed to the last known address of the lessee or another address provided by the lessee, paid receipts, or copies thereof, within 30 days from the date the statement showing estimated cost was furnished to the lessee, as required by this Section. If a written lease specifies the cost for cleaning, repair, or replacement of any component of the leased premises or any component of the building or common areas that, if damaged, will not be replaced, the lessor may withhold the dollar amount specified in the lease. Costs specified in a written lease shall be for damage beyond normal wear and tear and reasonable to restore the leased premises to the same condition as at the time the lease began. The itemized statement shall reference the dollar amount specified in the written lease associated with the specific building component or amenity and include a copy of the applicable portion of the lease. Deductions for costs or values not specified in the lease shall otherwise comply with the requirements of this Section. If no such statement and receipts, or copies thereof, are furnished to the lessee as required by this Section, the lessor shall return the security deposit in full within 45 days of the date that the lessee vacated the premises, delivered in person or by postmarked mail directed to the last known address of the lessee or another address provided by the lessee. If the lessee fails to provide the lessor with a mailing address or electronic mail address, the lessor shall not be held liable for any damages or penalties as a result of the lessee's failure to provide an address.
   (b) If, through no fault of the lessor, the lessor is unable to produce as required in subsection (a) receipts for repairs or replacements, or copies thereof, then the lessor shall produce an itemized list of the cost of repair or replacement, any other evidence the lessor has of the cost, and a verified statement of the lessor or the agent of the lessor detailing the specific reasons why the lessor is unable to produce the required receipts or copies and verifying that the lessor has provided all other evidence the lessor has of the cost.
   (c) Upon a finding by a circuit court that a lessor has refused to supply the itemized statement required by this Section, or has supplied such statement in bad faith, and has failed or refused to return the amount of the security deposit due within the time limits provided, the lessor shall be liable for an amount equal to twice the amount of the security deposit due, together with court costs and reasonable attorney's fees.
(Source: P.A. 100-269, eff. 1-1-18; 100-654, eff. 7-31-18.)

 

 

    (765 ILCS 710/1.1) (from Ch. 80, par. 101.1)
   Sec. 1.1. In the event of a sale, lease, transfer or other direct or indirect disposition of residential real property, other than to the holder of a lien interest in such property, by a lessor who has received a security deposit or prepaid rent from a lessee, the transferee of such property shall be liable to that lessee for any security deposit, including statutory interest, or prepaid rent which the lessee has paid to the transferor. Transferor shall remain jointly and severally liable with the transferee to the lessee for such security deposit or prepaid rent.
(Source: P.A. 81-1525.)

 

 

    (765 ILCS 710/1.2)
   Sec. 1.2. Security deposit transfer. Notwithstanding Section 1.1, when a lessor transfers actual possession of a security deposit received from a lessee, including any statutory interest that has not been paid to a lessee, to a holder of the certificate of sale or deed issued pursuant to that certificate or, if no certificate or deed was issued, the purchaser of a foreclosed property under Article XV of the Code of Civil Procedure, the holder or purchaser shall be liable to a lessee for the transferred security deposit, including any statutory interest that has not been paid to the lessee, as provided in this Act. Within 21 days after the transfer of the security deposits and receipt of the name and address of any lessee who paid a deposit, the holder or purchaser shall post a written notice on the primary entrance of each dwelling unit at the property with respect to which the holder or purchaser has acquired actual possession of a security deposit. The written notice shall state that the holder or purchaser has acquired the security deposit paid by the lessee in connection with the lessee's rental of that dwelling unit.
(Source: P.A. 97-575, eff. 8-26-11; 98-756, eff. 7-16-14.)

 

 

    (765 ILCS 710/2) (from Ch. 80, par. 102)
   Sec. 2.
   This Act takes effect January 1, 1974 and applies to leases executed on or after that date.
(Source: P.A. 78-588.)

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Cities in Illinois

  • Abingdon, IL

  • Addieville, IL

  • Addison, IL

  • Albany, IL

  • Albers, IL

  • Albion, IL

  • Aledo, IL

  • Alexis, IL

  • Algonquin, IL

  • Alhambra, IL

  • Allendale, IL

  • Allerton, IL

  • Alma, IL

  • Alpha, IL

  • Alsey, IL

  • Alsip, IL

  • Altamont, IL

  • Alto Pass, IL

  • Alton, IL

  • Altona, IL

  • Alvin, IL

  • Amboy, IL

  • Andalusia, IL

  • Andover, IL

  • Anna, IL

  • Annawan, IL

  • Antioch, IL

  • Apple River, IL

  • Arcola, IL

  • Arenzville, IL

  • Argenta, IL

  • Arlington Heights, IL

  • Arlington, IL

  • Armington, IL

  • Aroma Park, IL

  • Arrowsmith, IL

  • Arthur, IL

  • Ashkum, IL

  • Ashland, IL

  • Ashley, IL

  • Ashmore, IL

  • Ashton, IL

  • Assumption, IL

  • Astoria, IL

  • Athens, IL

  • Atkinson, IL

  • Atlanta, IL

  • Atwood, IL

  • Auburn, IL

  • Augusta, IL

  • Aurora, IL

  • Ava, IL

  • Aviston, IL

  • Avon, IL

  • Baldwin, IL

  • Bardolph, IL

  • Barrington, IL

  • Barry, IL

  • Bartelso, IL

  • Bartlett, IL

  • Batavia, IL

  • Batchtown, IL

  • Bath, IL

  • Baylis, IL

  • Beardstown, IL

  • Beaverville, IL

  • Beckemeyer, IL

  • Bedford Park, IL

  • Beecher City, IL

  • Beecher, IL

  • Belle Rive, IL

  • Belleville, IL

  • Bellmont, IL

  • Bellwood, IL

  • Belvidere, IL

  • Bement, IL

  • Benld, IL

  • Bensenville, IL

  • Benson, IL

  • Berkeley, IL

  • Berwyn, IL

  • Bethalto, IL

  • Bethany, IL

  • Biggsville, IL

  • Bismarck, IL

  • Blandinsville, IL

  • Bloomingdale, IL

  • Bloomington, IL

  • Blue Island, IL

  • Blue Mound, IL

  • Bluffs, IL

  • Bluford, IL

  • Bolingbrook, IL

  • Bondville, IL

  • Bone Gap, IL

  • Bonfield, IL

  • Bonnie, IL

  • Bourbonnais, IL

  • Bowen, IL

  • Braceville, IL

  • Bradford, IL

  • Bradley, IL

  • Breese, IL

  • Bridgeport, IL

  • Bridgeview, IL

  • Brighton, IL

  • Brimfield, IL

  • Broadlands, IL

  • Broadview, IL

  • Brocton, IL

  • Brookfield, IL

  • Brookport, IL

  • Brownstown, IL

  • Bryant, IL

  • Buckingham, IL

  • Buckley, IL

  • Buckner, IL

  • Buda, IL

  • Buffalo Grove, IL

  • Buffalo, IL

  • Bulpitt, IL

  • Bunker Hill, IL

  • Burbank, IL

  • Bureau, IL

  • Burlington, IL

  • Cabery, IL

  • Cairo, IL

  • Calhoun, IL

  • Calumet City, IL

  • Camargo, IL

  • Cambria, IL

  • Cambridge, IL

  • Campbell Hill, IL

  • Canton, IL

  • Capron, IL

  • Carbon Cliff, IL

  • Carbondale, IL

  • Carlinville, IL

  • Carlock, IL

  • Carlyle, IL

  • Carmi, IL

  • Carol Stream, IL

  • Carpentersville, IL

  • Carrier Mills, IL

  • Carrollton, IL

  • Carterville, IL

  • Carthage, IL

  • Cary, IL

  • Casey, IL

  • Caseyville, IL

  • Catlin, IL

  • Cave In Rock, IL

  • Cedar Point, IL

  • Cedarville, IL

  • Centralia, IL

  • Cerro Gordo, IL

  • Chadwick, IL

  • Champaign, IL

  • Chandlerville, IL

  • Channahon, IL

  • Chapin, IL

  • Charleston, IL

  • Chatham, IL

  • Chatsworth, IL

  • chaumburg, IL

  • Chebanse, IL

  • Chenoa, IL

  • Cherry Valley, IL

  • Cherry, IL

  • Chester, IL

  • Chesterfield, IL

  • Chicago Heights, IL

  • Chicago Ridge, IL

  • Chicago, IL

  • Chillicothe, IL

  • Chrisman, IL

  • Christopher, IL

  • Cicero, IL

  • Cisco, IL

  • Cisne, IL

  • Cissna Park, IL

  • Claremont, IL

  • Clarendon Hills, IL

  • Clay City, IL

  • Clayton, IL

  • Clifton, IL

  • Clinton, IL

  • Coal City, IL

  • Coal Valley, IL

  • Coatsburg, IL

  • Cobden, IL

  • Coffeen, IL

  • Colchester, IL

  • Colfax, IL

  • Collinsville, IL

  • Colona, IL

  • Colp, IL

  • Columbia, IL

  • Compton, IL

  • Congerville, IL

  • Cooksville, IL

  • Cordova, IL

  • Cornell, IL

  • Cortland, IL

  • Coulterville, IL

  • Country Club Hills, IL

  • Cowden, IL

  • Creal Springs, IL

  • Crescent City, IL

  • Creston, IL

  • Crete, IL

  • Creve Coeur, IL

  • Crossville, IL

  • Crystal Lake, IL

  • Cuba, IL

  • Cullom, IL

  • Cutler, IL

  • Cypress, IL

  • hebes, IL

  • Sadorus, IL

  • Saint Anne, IL

  • Saint Charles, IL

  • Saint David, IL

  • Saint Elmo, IL

  • Saint Francisville, IL

  • Saint Jacob, IL

  • Saint Joseph, IL

  • Saint Libory, IL

  • Saint Peter, IL

  • Sainte Marie, IL

  • Salem, IL

  • San Jose, IL

  • Sandoval, IL

  • Sandwich, IL

  • Saunemin, IL

  • Savanna, IL

  • Savoy, IL

  • Sawyerville, IL

  • Saybrook, IL

  • Scales Mound, IL

  • Schiller Park, IL

  • Seaton, IL

  • Seatonville, IL

  • Secor, IL

  • Seneca, IL

  • Sesser, IL

  • Shabbona, IL

  • Shannon, IL

  • Shawneetown, IL

  • Sheffield, IL

  • Shelbyville, IL

  • Sheldon, IL

  • Sheridan, IL

  • Sherman, IL

  • Sherrard, IL

  • Shipman, IL

  • Shumway, IL

  • Sibley, IL

  • Sidell, IL

  • Sidney, IL

  • Sigel, IL

  • Silvis, IL

  • Sims, IL

  • Skokie, IL

  • Smithfield, IL

  • Smithton, IL

  • Somonauk, IL

  • Sorento, IL

  • South Beloit, IL

  • South Elgin, IL

  • South Holland, IL

  • South Pekin, IL

  • South Roxana, IL

  • South Wilmington, IL

  • Sparland, IL

  • Sparta, IL

  • Spring Grove, IL

  • Spring Valley, IL

  • Springfield, IL

  • Standard, IL

  • Stanford, IL

  • Staunton, IL

  • Steeleville, IL

  • Steger, IL

  • Sterling, IL

  • Steward, IL

  • Stewardson, IL

  • Stillman Valley, IL

  • Stockton, IL

  • Stone Park, IL

  • Stonefort, IL

  • Stonington, IL

  • Strasburg, IL

  • Streamwood, IL

  • Streator, IL

  • Stronghurst, IL

  • Sublette, IL

  • Sugar Grove, IL

  • Sullivan, IL

  • Summerfield, IL

  • Summit Argo, IL

  • Sumner, IL

  • Sycamore, IL

  • Table Grove, IL

  • Tallula, IL

  • Tamaroa, IL

  • Tamms, IL

  • Tampico, IL

  • Taylor Springs, IL

  • Taylorville, IL

  • Teutopolis, IL

  • Thawville, IL

  • Thayer, IL

  • Thomasboro, IL

  • Thompsonville, IL

  • Thomson, IL

  • Thornton, IL

  • Tilden, IL

  • Tilton, IL

  • Tinley Park, IL

  • Tiskilwa, IL

  • Toledo, IL

  • Tolono, IL

  • Toluca, IL

  • Tonica, IL

  • Toulon, IL

  • Tovey, IL

  • Towanda, IL

  • Tower Hill, IL

  • Tremont, IL

  • Trenton, IL

  • Troy Grove, IL

  • Troy, IL

  • Ullin, IL

  • Union, IL

  • Urbana, IL

  • Ursa, IL

  • uscola, IL

  • Valier, IL

  • Valmeyer, IL

  • Vandalia, IL

  • Varna, IL

  • Venice, IL

  • Vergennes, IL

  • Vermilion, IL

  • Vermont, IL

  • Vernon Hills, IL

  • Verona, IL

  • Versailles, IL

  • Victoria, IL

  • Vienna, IL

  • Villa Grove, IL

  • Villa Park, IL

  • Viola, IL

  • Virden, IL

  • Virginia, IL

  • Wadsworth, IL

  • Waggoner, IL

  • Walnut, IL

  • Waltonville, IL

  • Wapella, IL

  • Warren, IL

  • Warrensburg, IL

  • Warrenville, IL

  • Warsaw, IL

  • Washburn, IL

  • Washington, IL

  • Wataga, IL

  • Waterman, IL

  • Watseka, IL

  • Watson, IL

  • Wauconda, IL

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Illinois Eviction Notice Types

It’s necessary to provide the correct type of Illinois eviction notice to the tenant you’re removing from your property. If you don’t, the eviction could be overturned or take significantly longer to complete.

You must give your tenant the precise legal document for the situation, detailing a valid legal reason for the eviction under IL statutes. This will also affect how long you must give the resident as notice before they have to leave the property. 

As seen below, there are a few different options in Illinois when completing an eviction

5-Day Notice (Non-Payment)

This type of eviction notice gives tenants 5 days to pay the rent or leave the property if they fail to pay within the contractually agreed time. If the tenant still doesn’t pay or vacate after the notice period ends, the landlord can take them to court.

10-Day Notice (Non-Compliance)

In situations where the tenant violates the terms of the lease, landlords can issue them with a 10-Day Notice to Quit for Non-Compliance. This gives the resident a chance to correct the violation within 240 hours, or to leave the premises.

This can also be issued as an unconditional notice, giving the tenant no option to correct the break in the terms. However, this is usually only done when more serious breaches of the contract occur.

30-Day Notice to Quit (Month-to-Month)

When a landlord wants to end a tenancy that is paid for on a flexible monthly basis, they must provide 30 days’ notice of their intention to terminate the agreement. This is an unconditional order with no rights to cure.

Illinois Eviction Laws

Your Illinois eviction notice must follow the state’s rental property laws, in order to be valid. There are a number of important requirements that are obligatory when proceeding with the eviction of a rental tenant.

An eviction in Illinois may only happen in the case of:

ReasonNotice duration

Nonpayment of rent5 days' notice

Lease violations10 days' notice

Lease termination30 days' notice

 

 

Illinois Eviction Process

The Illinois eviction process must be followed precisely to ensure that the tenant is legally removed from the property. Therefore the landlord must take the correct steps and follow the right procedures, as detailed by IL’s state law. To correctly complete an eviction in Illinois, the landlord must do the following:

  1. Serve the tenant with a written statement giving a legally valid reason for the eviction and the correct amount of days’ notice for them to comply.

  2. If the tenant does not comply with the eviction notice the landlord can file a complaint with a local court and a summons will be served. 

  3. The tenant and landlord can make their case in court. The presiding judge can then decide whether the eviction can proceed or not.

  4. If the judge rules in the landlord’s favor and the tenant still refuses to vacate, the owner may process an eviction order with the court clerk.

  5. When the eviction order has been processed the landlord may file the document with the county sheriff. The tenant will then have until the sheriff acts on the order to leave before being forcibly evicted.

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(765 ILCS 715/) Security Deposit Interest Act.

 

 

    (765 ILCS 715/0.01) (from Ch. 80, par. 120)
   Sec. 0.01. Short title. This Act may be cited as the Security Deposit Interest Act.
(Source: P.A. 86-1324.)

 

 

    (765 ILCS 715/1) (from Ch. 80, par. 121)
   Sec. 1. A lessor of residential real property, containing 25 or more units in either a single building or a complex of buildings located on contiguous parcels of real property, who receives a security deposit from a lessee to secure the payment of rent or compensation for damage to property shall pay interest to the lessee computed from the date of the deposit at a rate equal to the interest paid by the largest commercial bank, as measured by total assets, having its main banking premises in this State on minimum deposit passbook savings accounts as of December 31 of the calendar year immediately preceding the inception of the rental agreement on any deposit held by the lessor for more than 6 months.
(Source: P.A. 87-386; 88-449.)

 

 

    (765 ILCS 715/2) (from Ch. 80, par. 122)
   Sec. 2. The lessor shall, within 30 days after the end of each 12 month rental period, pay to the lessee any interest that has accumulated to an amount of $5 or more, by cash or credit to be applied to rent due, except when the lessee is in default under the terms of the lease. The lessor shall pay all interest that has accumulated and remains unpaid, regardless of the amount, upon termination of the tenancy.
   A lessor who willfully fails or refuses to pay the interest required by this Act shall, upon a finding by a circuit court that he has willfully failed or refused to pay, be liable for an amount equal to the amount of the security deposit, together with court costs and reasonable attorneys fees.
(Source: P.A. 99-253, eff. 1-1-16.)

 

 

    (765 ILCS 715/3) (from Ch. 80, par. 123)
   Sec. 3. This Act does not apply to any deposit made with respect to public housing.
(Source: P.A. 80-491.)

(765 ILCS 720/) Retaliatory Eviction Act.

 

 

    (765 ILCS 720/0.01) (from Ch. 80, par. 70)
   Sec. 0.01. Short title. This Act may be cited as the Retaliatory Eviction Act.
(Source: P.A. 86-1324.)

 

 

    (765 ILCS 720/1) (from Ch. 80, par. 71)
   Sec. 1. It is declared to be against the public policy of the State for a landlord to terminate or refuse to renew a lease or tenancy of property used as a residence on the ground that the tenant has complained to any governmental authority of a bona fide violation of any applicable building code, health ordinance, or similar regulation. Any provision in any lease, or any agreement or understanding, purporting to permit the landlord to terminate or refuse to renew a lease or tenancy for such reason is void.
(Source: Laws 1963, p. 1508.)

(765 ILCS 725/) Property Taxes of Noncitizen Landlords Act.

 

 

    (765 ILCS 725/0.01) (from Ch. 6, par. 8.9)
   Sec. 0.01. Short title. This Act may be cited as the Property Taxes Of Noncitizen Landlords Act.
(Source: P.A. 102-1030, eff. 5-27-22.)

 

 

    (765 ILCS 725/1) (from Ch. 6, par. 9)
   Sec. 1. No contract, agreement or lease in writing or by parol, by which any lands or tenements therein are demised or leased by any noncitizen or his agents for the purpose of farming, cultivation or the raising of crops thereon, shall contain any provision requiring the tenant or other person for him, to pay taxes on said lands or tenements, or any part thereof, and all such provisions, agreements and leases so made are declared void as to the taxes aforesaid. If any noncitizen landlord or his agents shall receive in advance or at any other time any sum of money or article of value from any tenant in lieu of such taxes, directly or indirectly, the same may be recovered back by such tenant before any court having jurisdiction of the amount thereof, and all provisions or agreements in writing or otherwise to pay such taxes shall be held in all courts of this state to be void.
(Source: P.A. 102-1030, eff. 5-27-22.)

(765 ILCS 730/) Rent Concession Act.

 

 

    (765 ILCS 730/0.01) (from Ch. 80, par. 40.9)
   Sec. 0.01. Short title. This Act may be cited as the Rent Concession Act.
(Source: P.A. 86-1324.)

 

 

    (765 ILCS 730/1) (from Ch. 80, par. 41)
   Sec. 1. That the purpose of this Act is to regulate the prevalent practice of making or using written leases of real estate, which, because of concessions to the lessees, do not truly state the real net rent being paid, it being recognized that such practice can be, and frequently is, used to mislead prospective purchasers and lessees, and lenders of money on the security of such real estate, into a belief that the rental value or market value thereof is greater than it really is.
(Source: Laws 1925, p. 457.)

 

 

    (765 ILCS 730/2) (from Ch. 80, par. 42)
   Sec. 2. A rent concession is made, within the meaning of this Act, when, in case of a written lease of real estate or a part thereof, the lessor before or at the time the lease or any agreement therefor is entered into, and in consideration of such lease or agreement therefor, directly or indirectly, gives, or agrees or promises to give, to the lessee, without express mention thereof in the lease, any of the following: (1) any credit upon the rent reserved by the lease between the parties, or rebate of such rent or any part thereof after payment thereof by the lessee, or (2) the right, privilege or license to occupy the leased premises for a period other than the term created by the lease, rent free or for a rent less than the average rent fixed by the lease for the entire term, or (3) any other valuable thing, right or privilege. Repairing and decorating the leased premises by the lessor shall not be deemed a rent concession. An agreement by a lessor to waive any of the terms or conditions of the lease other than those relating to the payment of rent shall not be deemed a rent concession.
(Source: P.A. 88-45.)

 

 

    (765 ILCS 730/3) (from Ch. 80, par. 43)
   Sec. 3. When a rent concession shall be made in the case of any lease hereafter entered into, it shall be the duty of the lessor, at the time or immediately after the lease is made, to cause such lease to bear a legend across the face and text thereof plainly legible and in letters not less than one-half inch in height consisting of the words "Concession Granted," and to bear a memorandum on the margin or across the face of such lease stating the amount or extent and nature of each such concession, and any failure on the part of a lessor so to do shall be unlawful and a violation of this Act.
(Source: Laws 1925, p. 457.)

 

 

    (765 ILCS 730/4) (from Ch. 80, par. 44)
   Sec. 4. When a rent concession shall have been made in the case of any lease heretofore or hereafter entered into, it shall be unlawful and a violation of this Act for any person knowing of such concession, to exhibit such lease to any purchaser or lessee or prospective purchaser or lessee of real estate, any part of which is covered by the lease, or to any lender of money, or prospective lender of money on such real estate or any part thereof as security, unless such lease shall bear the legend and memorandum required by section 3 hereof in the case of leases heretofore made.
(Source: Laws 1925, p. 457.)

 

 

    (765 ILCS 730/5) (from Ch. 80, par. 45)
   Sec. 5. The terms "lessor," "lessee" and "person" as used herein shall include the plural thereof and shall include corporations.
(Source: Laws 1925, p. 457.)

 

 

    (765 ILCS 730/5a) (from Ch. 80, par. 46)
   Sec. 5a. The provisions of this Act shall have no application to farm or agricultural property, or property used as such, nor to any leases or evidences of leasing executed relative thereto.
(Source: Laws 1925, p. 457.)

 

 

    (765 ILCS 730/6) (from Ch. 80, par. 47)
   Sec. 6. Any person or corporation violating the provisions of this Act, by using or exhibiting to any person, persons or corporation any written lease or other written evidence of leasing, not having endorsed thereon any and all concessions as herein provided, for the purpose of selling or effecting a sale of the premises in question or a loan thereon, shall be deemed guilty of a Class A misdemeanor.
(Source: P.A. 77-2701.)

(765 ILCS 735/) Rental Property Utility Service Act.

 

 

    (765 ILCS 735/0.01) (from Ch. 80, par. 61)
   Sec. 0.01. Short title. This Act may be cited as the Rental Property Utility Service Act.
(Source: P.A. 86-1324.)

 

 

    (765 ILCS 735/1) (from Ch. 80, par. 62)
   Sec. 1. Utility payments; termination and restoration of service. Whenever, pursuant to any agreement, either written or verbal, a landlord or his or her agent is required to pay for any water, gas or electrical service, the landlord shall pay for the services to ensure that the services are available to the tenant throughout the term of the lease and shall pay for the services in a timely manner so as not to cause an interruption of the services. If the landlord or his or her agent does not pay for such service, the tenant, or tenants in the event more than one tenant is served by a common system of water, gas or electrical service, including electrical service to common areas, which goes through a common meter in a single building, may either (i) terminate the lease; however, the termination of the lease under this Section does not absolve the landlord or tenant from any obligations that have arisen under the lease prior to its termination under this Section; or (ii) pay for such service if the nonpayment jeopardizes the continuation of the service to the tenant or tenants, as the case may be. The utility company shall not terminate service for such nonpayment until the utility company mails, delivers or posts a notice as specified in Section 3 to all tenants of buildings with 3 or more residential apartments. Upon receipt of such payment of the past due cost of such water, gas or electrical service owed by the landlord, the provider of such service shall immediately restore service to such tenant or tenants. In the alternative, the provider of such service shall immediately restore and continue such service to any tenant who (a) requests that the utility put the bill in his or her name; (b) establishes satisfactory credit references or provides for and pays a security deposit pursuant to the rules and regulations of the Illinois Commerce Commission applicable to applicants for new utility service; and (c) agrees to pay future bills. Any sums the tenant or tenants, as the case may be, pay for water, gas or electrical service that the landlord or his or her agent was required to pay may be deducted from the rent due by the tenant or tenants, and the total rent is diminished by the amount the tenant or tenants, as the case may be, have paid for the continuation of the water, gas or electrical service.
(Source: P.A. 93-994, eff. 1-1-05.)

 

 

    (765 ILCS 735/1.1) (from Ch. 80, par. 62.1)
   Sec. 1.1. Definitions. As used in this Act:
   "Agreement" includes leases, oral agreements, and any other understandings or contracts reached between a landlord and a tenant.
   "Individually metered utilities" means that the utility service to one or more rental dwelling units in a building is registered by an individual meter for each dwelling unit.
   "Master metered utilities" means that the utility service to a building with one or more rental dwelling units is registered by a single meter for the building.
   "Landlord" includes the owner of a building, the owner's agent, and the lessor of a building.
   "Tenant" includes occupants of a building or mobile home, whether under a lease or periodic tenancy.
   "Utility company" includes all suppliers of utility service, including municipalities.
   "Utility service" includes electric, gas, water, or sanitary utility service rendered by a utility company to a tenant at a specific location.
(Source: P.A. 87-178.)

 

 

    (765 ILCS 735/1.2) (from Ch. 80, par. 62.2)
   Sec. 1.2. Certain tenant-paid utility payment arrangements prohibited; Notice of change in payment arrangement.
   (a) No landlord shall rent or cause to be rented any unit in which the tenant is responsible by agreement, implication, or otherwise for direct payment for utility service to the utility company and in which the utility company billing for that service includes any service to common areas of the building or other units or areas used or occupied by persons other than the individual tenant and those occupying the unit with the tenant on the utility account, unless, before offering an initial lease or a renewal lease, accepting a security deposit, or otherwise entering into an agreement with the prospective tenant to let the premises:
       (1) The landlord provides the prospective tenant with    

a written statement setting forth the specific areas of the building and any appurtenances that are served by the meter that will be in the tenant's name and the nature of the utility uses of those areas, including any that have not been reflected in past utility company billings but that may arise (such as the rental of a neighboring unit that has been vacant, the installation of washers and driers in the basement, or the use of the garage for mechanics);

        (2) The landlord provides the prospective tenant with

    

copies of the utility bills for the unit for the previous 12 months, unless waived by the tenant in writing;

        (3) The landlord neither suggests nor requires the

    

tenant to collect any money for utility bills from neighboring tenants whose utility usage will be reflected in the prospective tenant's utility company billings; and

        (4) The landlord sets forth in writing the amount of

    

the proposed rent reduction, if any, that is offered to compensate for the tenant's payments for utility usage outside of the tenant's unit.

    (b) No landlord shall request or cause to be effected a change (i) from landlord-paid master metered utilities to tenant-paid individually metered utilities or (ii) from landlord-paid to tenant-paid utilities, regardless of the metering arrangement, during the term of a lease. The landlord shall provide a minimum of 30 days notice to each affected tenant before effecting such a change in service; for tenants under a lease, the notice shall be provided to the tenants no less than 30 days before the expiration of the lease term. This subsection does not prohibit the landlord and tenant from agreeing to amend the lease to effect such a change; the amendment must be in writing and subscribed by both parties.
   (c) Any term or condition in a rental agreement between the landlord and the tenant that is inconsistent with this Section is void and unenforceable.
   (d) Nothing in this Section affects the relationship between a utility company and its customers.
(Source: P.A. 87-178.)

 

 

    (765 ILCS 735/1.3) (from Ch. 80, par. 62.3)
   Sec. 1.3. Tenant remedies and burdens of proof.
   (a) A residential tenant shall be entitled to recover damages from the landlord for the utility bills rendered in the tenant's name as a result of the landlord's violation of this Act and which the landlord has not paid to the utility company. The tenant shall have the burden of establishing that the tenant was billed for utility service as a result of the landlord's violation of this Act. Upon proof by the tenant that the tenant was billed an amount for service not attributable to the unit or premises occupied by the tenant, the landlord shall be liable to the tenant for 100% of those utility bills. However, this sum shall be reduced by whatever percentage of use that the court finds that the landlord has established to have been attributable to the unit or premises the tenant occupied during the period that the violation continued. The tenant may recover these damages by an action at law or by a counterclaim in any action brought by the landlord against the tenant. The court may treble the damage award when the court finds that the landlord's violation of this Act was knowing or intentional. The tenant may also recover costs and fees, including attorneys fees, if the amount awarded by the court for utility service is in excess of $3,000. The remedies contained in this Act do not limit or supersede any remedies the tenant may have under a lease, contract, or the laws, including the common law, of this State.
   (b) This Section shall be prospective in application; the remedies shall not attach to any violation that occurred before July 1, 1992.
   (c) Nothing in this Section affects the relationship between a utility company and its customers.
(Source: P.A. 87-178; 87-895.)

 

 

    (765 ILCS 735/1.4) (from Ch. 80, par. 62.4)
   Sec. 1.4. Prohibition on termination of utility service by landlord. No landlord shall cause or request utility service to tenants to be interrupted, discontinued, or terminated in an occupied building (i) by nonpayment of utility bills for which the landlord has assumed responsibility by agreement or by implication (such as where the utilities are master metered) or (ii) by tampering with equipment or lines. This Section does not prohibit temporary utility shutoffs in cases of emergencies such as gas leaks or fire or, upon 7 days written notice to each affected tenant, temporary shutoffs required for building repairs or rehabilitation.
(Source: P.A. 87-177; 87-895.)

 

 

    (765 ILCS 735/2) (from Ch. 80, par. 63)
   Sec. 2. Receivership; utility service termination.
   (a) Tenants, upon receiving notice of utility service termination pursuant to Section 1, and utility companies may petition the circuit court, or any court having jurisdiction, for appointment of a receiver of rents due for use and occupancy of the building. No one building may be the subject of more than 2 such petitions in any consecutive 12 month period. The petition shall be served upon the landlord at his or her last known address and upon the utility company which has rendered notice of termination of utility service, except when the utility company is the petitioner. Upon a finding that the tenants' utility service is subject to termination or has been terminated as a result of an amount due and owing by the landlord to the utility company, the court shall appoint a receiver who shall be authorized to collect rents due from the tenants for use and occupancy of the building. The court shall also design a payment plan through which the receiver shall be required to remit to the utility company such portion of the funds as are necessary for payment of current utility bills incurred during the term of the receivership, including any security deposit requested by the utility in accordance with the rules and regulations of the Illinois Commerce Commission. The receiver shall remit the remainder of the collected rents as the court shall direct, taking into consideration the ordinary and necessary expenses of the property including, but not limited to, repair, maintenance, other utility bills, property taxes, arrearages which were the subject of the petition, and any capital expenditures deemed necessary by the court. The landlord or his or her agent shall be liable for arrearages due to the utility company which the court in its payment plan determines cannot feasibly be remitted by the receiver from the collected rents within 12 months.
   (b) Within 10 days of the appointment of the receiver, during which time the utility company shall not discontinue service to the building for reason of nonpayment, such receiver shall make a determination as to whether or not the rents due for the use and occupancy of the building can reasonably be expected to be sufficient to pay current bills and to pay any security deposit which may be requested by the utility. Upon a determination by the court that the rents due for the use and occupancy of the building cannot reasonably be expected to be sufficient to pay current bills and to pay any security deposit which may be requested by the utility, such receivership shall be terminated.
   (c) In the event that a petition for receivership is filed after utility service has been terminated, service shall be restored as soon as the utility company receives notice that a receiver has been appointed. The receiver shall make all reasonable efforts to provide to the utility access to the building at all times.
   (d) Any receivership established pursuant to this Section shall be terminated by the court upon its finding that the arrearage which was the subject of the petition has been satisfied or upon its finding that the income from the building has become insufficient to pay current utility bills and retire the arrearages as ordered by the court and shows no reasonable likelihood of becoming sufficient.
(Source: P.A. 87-177.)

 

 

    (765 ILCS 735/2.1) (from Ch. 80, par. 63.1)
   Sec. 2.1. Tenant damages.
   (a) A landlord's violation of Section 1.4 entitles the residential tenant to damages from the landlord in the amount of a 100% abatement of the rental obligation for each month, and prorated for each part of a month, that the utility service was terminated and to consequential damages. The tenant has a duty to mitigate damages.
   (b) When utility service is terminated as a result of the landlord's violation of Section 1.4 under circumstances demonstrating the landlord's deliberate or reckless indifference or wilful disregard for the rights of the tenants, or bad faith, the court may additionally award each affected residential tenant in the building statutory damages up to $300 each or the sum of $5,000 divided by the number of affected tenants, whichever is less.
(Source: P.A. 87-177; 87-895.)

 

 

    (765 ILCS 735/2.2) (from Ch. 80, par. 63.2)
   Sec. 2.2. Recovery of damages; costs and fees. In the case of a petition filed on or after July 1, 1992, where termination of utility service is averted as a result of action taken by the utility company or tenant or tenants under Section 2, the petitioner is entitled to recover its costs (including court costs), fees (including attorney's fees), and expenses incurred in connection with bringing the receivership proceeding. The costs, fees, and expenses, and damages recoverable under Section 2.1, may be awarded by the court in the receivership proceeding. The sum awarded by the court to the utility company shall be paid by the receiver to the utility company out of the rents paid to the receiver.
(Source: P.A. 87-177.)

 

 

    (765 ILCS 735/3) (from Ch. 80, par. 64)
   Sec. 3. Notice of utility service termination. The utility company shall notify all tenants of buildings with 3 or more residential apartments of the proposed termination of utility service. This notice shall contain the following information: (1) the specific date, no sooner than 10 days after the notice is rendered, that utility service is subject to termination; (2) a statement of the tenants' statutory right either (A) to pay the utility company the amount due and owing by the landlord and to deduct the amount paid to the utility company from the rent due on the rental agreement or (B) to petition the court for appointment of a receiver to collect the rents due for use and occupancy of the building and remit a portion to the utility company for payment of utility bills; (3) the dollar amount of the utility bills due and owing on the date such notice is given and the average monthly utility bill; and (4) the name and telephone number of any legal services agency within the utility company's service area where the tenants may obtain free legal assistance. Any notice provided to tenants of a building under this Act shall be of a conspicuous size, on red paper, and in at least 14 point bold face type, except that the words "notice of (utility service) termination" shall be in 36 point bold face type if the notice is posted, and shall state:
       It is unlawful for the landlord or his or her agent    

to alter, deface, tamper with, or remove this notice. A landlord or his or her agent who violates this provision is guilty of a Class C misdemeanor.

(Source: P.A. 87-177.)

 

 

    (765 ILCS 735/4) (from Ch. 80, par. 65)
   Sec. 4. The lessor, landlord or his agent shall not increase rent paid by the lessees or tenants of the building in order to collect all or part of the amount lawfully deducted for utility service pursuant to this Act.
(Source: P.A. 80-1453.)

 

 

    (765 ILCS 735/5) (from Ch. 80, par. 66)
   Sec. 5. Nothing in this Act shall be construed to prevent a utility company from pursuing any other action or remedy that it may have against the lessor, landlord or his agent for any amounts due and owing to the utility company and nothing in this Act shall be construed to prevent a utility company from acting in the interest of public safety.
(Source: P.A. 80-1453.)

Links to Legal Pages Based on State

  • Abandonment 

    A landlord may consider rental property as abandoned by the tenant once rent has not been paid for a set time along with visual evidence of the tenant’s disappearance such as the accumulation of unopened mail, unkempt premises, or statements from neighbors. Usually, the landlord must make a good faith effort to locate the tenant for a reasonable time, usually 30 days, before reclaiming the property and disposing of or selling any of the tenant’s unclaimed possessions. 

  • Assignment of Rent 

    A clause found in trust deeds whereby rent is included as addtional security to the real property described in a trust deed. The clause transfers to the lender the right to collect rental income from the income-producing property if there is a default on the note or other secured obligation that is held by the beneficiary or lender. 

  • Complaint in Unlawful Detainer 

    A formal lawsuit used by a landlord after having given appropriate written notice to a tenant to vacate leased property within a set time based on the tenant’s breach of a material provision of the lease or by nonpayment of rent. It is typically a summary proceeding where the tenant has a shortened period to file a written answer or response to the lawsuit and to appear in court for an eviction hearing within a short period after service of the action or the filing of a response by the tenant. 

  • Contract for Deed 

    Also referred to as a land contract or installment land contract, it is a contract for the sale of real property whereby the seller finances the transaction instead of a third party lender. The seller retains legal title to the property until the contract is satisfied and can more easily cancel the contract and repossess the property should the buyer fail to make the required payments or not fulfill other obligations without the need for foreclosure action or judicial action. 

  • Covenant of Quiet Enjoyment 

    An implied covenant in every residential lease agreement that a tenant has the right to undisturbed use of the rental property including excluding others from the premises, to peace and quiet, and to a safe and clean unit along with essential services such as hot water, heat, plumbing and electricity. A breach of this convenant by a landlord may entitle the tenant to withhold rent until the conditon is remedied or to vacate the property and terminate the lease. 

  • Default Judgment 

    A court issued judgment in favor of the landlord in cases where a tenant fails to respond to a summons and complaint for unlawful detainer or other eviction action, or where the tenant fails to appear at an eviction hearing, and which allows the landlord to request an order that the tenant vacate the premises. A tenant also may receive a default judgment if the landlord fails to appear at the hearing. 

  • Demurrer 

    A legal pleading used by tenants in some eviction cases wherein a party may agree with the underlying facts of a lawsuit but objects to certain allegations or counts in a complaint by arguing that it lacks legal sufficiency, validity or does not contain enough facts to support the opposing party’s cause of action. If sustained by the court, most courts will allow the opposing party to attempt to amend its complaint to cure the deficiency. 

  • Discriminatory Eviction 

    An unlawful eviction based upon a person’s protected status, which includes race, color, creed, religion, national origin, sex, sexual preference, pregnancy, marital status, children or disability. 

  • Eviction 

    A legal or judicial process by which a landlord or landowner forces a tenant to vacate the leased property and terminate the rental agreement for failure to pay rent, to follow certain terms of the lease or who has stayed beyond the expiration of the lease term. 

  • Eviction Notice 

    A written statement that must be properly served or delivered to a tenant that contains certain language required by that jurisdiction, typically including the landlord’s declaration that the tenant has breached a specific material provision of the lease, has failed to pay a specified amount of rent on time, or committed some other substantial breach of the landlord/tenant relationship, and that the tenant must either vacate by a certain date or remedy the breach before a set date or the lease agreement will terminate. It must also state that legal proceedings will commence to expel the tenant from the leased property. 

  • Fair Housing Act 

    The Fair Housing Act is part of Title VIII of the Civil Rights Act of 1968 and was designed to eliminate bias and discrimination in renting and in home sales on the basis of a person’s personal characteristics including race, religion, creed, national origin, gender, family status or disability. Suspected violations are reported to fair housing councils in a local area, a state’s department of fair employment and housing or to a private attorney for civil remedies. 

  • Forcible Entry 

    Entry by a landlord upon leased property without the consent of the occupier or tenant. It also refers to a tenant who remains on the property after termination of the lease or after receiving written demand of possession by the landlord. 

  • Forfeiture 

    A concept whereby a landlord may claim that a tenant has forfeited his or her rights under a rental agreement because of nonpayment of rent, violation of a material provison in the lease, or by committing criminal acts on the premises. It is also a concept in land contract cases where the seller declares the buyer to have forfeited the contract if the obligations of the contract are not fulfilled or has engaged in conduct that violates the contract. 

  • Holdover 

    A holdover is a tenant who has remained on leased property after expiration of the rental term, who has used the premises for illegal activity or who has violated a provision of the lease other than nonpayment of rent. Some states use holdover petitions to evict a tenant. 

  • Landlord 

    A person or entity that leases or rents property to another person or organization and is referred to as a lessor. A landlord has certain obligations to the tenant either through a written rental agreement or which are implied or specified by state law. 

  • Lease 

    A written or implied contract with a certain duration that allows a lessee to use or occupy property subject to its terms. 

  • Lease Option 

    A contract wherein the buyer pays the seller of real property money to secure an option to purchase the property at a later time, usually at an agreed future price, and to lease the property for a set rental amount over a predetermined time. The buyer is not obligated to buy the property during the option period and no other person may buy it until the option expires. 

  • Leasehold 

    A form of temporary right to property acquired under a lease or rental agreement for a set time at a certain price or rent. A leasehold is considered personal property. 

  • Low Income Tax Credit Properties 

    An affordable housing program also known as LIHTC for low income renters that permits investors to take a dollar-for-dollar tax reduction or credits pursuant Section 42 of the tax code and which currently accounts for the majority of affordable rental housing in the US. Most tax credit projects are able to qualify for government subsidies at below market interest rates. 

  • Nuisance 

    Any conduct or activity by a tenant that usually must be egregious in nature that materially affects the health or safety of other tenants or other people in the community. This could include unhealthy habits leading to infestations of vermin or insects, foul odors, chronic excessive noise or other conduct that interferes with another person’s right to quiet enjoyment of their property. 

  • Retaliatory Eviction 

    An unlawful eviction based on a tenant’s complaining to the landlord or to a governmental agency, or for participating in or joining a tenant’s union. 

  • Section 8 Housing 

    A federal housing program that provides rental subsidies to qualified, low-income renters and homeowners who must demonstrate that their income is below 50 percent of the applicant’s area median income. A Section 8 housing voucher may be used in any housing authority in the US, regardless of where the recipient received it. 

  • Self-Eviction 

    Unlawful activities or conduct by a landlord or the landlord’s representatives that are designed to forcibly evict or cause a tenant to vacate the leased property without using the judicial process. This includes shutting off the utilities, denying the tenant access to the property, threatening the tenant or creating conditons that make the property unfit to live in. 

  • Sublease 

    A rental agreement between the tenant or lessee and a third party that allows that party, called the sublessee, to use the lessee’s rental unit or property for a set time and who is obligated to the lessee. A lessee is still responsible for paying rent to the lessor or landlord for the duration of the underlying lease term. 

  • Tenancy 

    The period of a tenant’s right to possess and use the property of another under a lease and usually upon payment of rent or the performance of services. 

  • Tenant 

    A person or entity that leases property from another and who is referred to as a lessee, who by paying rent has rights of possession and limited use of the property for a set time, usually pursuant to a written lease or oral agreement. A tenant has certain obligations to the landlord to abide by the terms of the lease. 

  • Trade Fixtures 

    An item or piece of equipment used by a tenant in his or her trade or business that may be removed from the leased business property at the expiration of the lease term. Such fixtures may ordinarily be considered part of the real property and not removeable if not for their business or trade status. 

  • Uniform Residential Landlord and Tenant Act 

    A model code or legislative act that addresses residential landlord and tenant interactions and which has been adopted with many variations by most states. The act was designed to introduce more fairness and uniformity in landlord/tenant laws and to specify the statutory obligations of tenants and landlords.

 

  • Warranty of Habitability 

    An implied obligation by the landlord in every rental agreement to provide and maintain an apartment or unit in a safe and habitable condition. This includes providing running water, electricity, heat and a structurally sound premises. The landlord’s failure to provide these services or essentials may permit a tenant to unilaterally terminate a lease, pay reduced rent, make self-repairs and deduct the costs from the rent or withhold the entire rent until the conditions are remedied. 

  • Writ of Possession 

    A court order granted after an eviction hearing or default whereby the landlord is granted possession of rental property and which advises the tenant to vacate the leased property by a certain date or be subject to forcible removal by the sheriff. A writ is served on the tenant by the sheriff or authorized law enforcement personnel. 

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(765 ILCS 740/) Tenant Utility Payment Disclosure Act.

 

 

    (765 ILCS 740/1) (from Ch. 80, par. 351)
   Sec. 1. Short title. This Act may be cited as the Tenant Utility Payment Disclosure Act.
(Source: P.A. 87-176.)

 

 

    (765 ILCS 740/5) (from Ch. 80, par. 355)
   Sec. 5. Disclosure of utility payments included in rent.
   (a) No landlord may demand payment for master metered public utility services pursuant to a lease provision providing for tenant payment of a proportionate share of public utility service without the landlord first providing the tenant with a copy in writing either as part of the lease or another written agreement of the formula used by the landlord for allocating the public utility payments among the tenants. The total of payments under the formula for the building as a whole for a billing period may not exceed the sum demanded by the public utility. The formula shall include all those that use that public utility service and may reflect variations in apartment size or usage. The landlord shall also make available to the tenant upon request a copy of the public utility bill for any billing period for which payment is demanded. Nothing herein shall preclude a landlord from leasing property to a tenant, including the cost of utilities, for a rental which does not segregate or allocate the cost of the utilities.
   (b) No condominium or common interest community association may demand payment for master metered public utility services from a unit owner of a proportionate share for public utility service without the condominium or common interest community association first providing the unit owner with a copy in writing of the formula used by the association for allocating the public utility payments among the unit owners. The total of payments under the formula for the association as a whole for the annual budgeted billing period may not exceed the sum demanded by the public utility, provided however, that the board of directors of the association may direct that any payments received by the association in excess of actual utility bills be applied to other budgeted items having a deficit, or be applied to the association's reserve fund, or be credited to the account of the unit owners for the following year's budget. The formula shall include all those that use that public utility service and may reflect, but is not limited to, percent interest, unit size, or usage. The condominium or common interest community association shall also make available to the unit owner upon request a copy of the public utility bill for any billing period for which payment is demanded. A condominium association shall have the right to establish and maintain a system of master metering of public utility services pursuant to Section 18.4 of the Condominium Property Act. A common interest community association shall have the right to establish and maintain a system of master metering of public utility services pursuant to Section 18.5 of the Condominium Property Act.
(Source: P.A. 87-176; 88-417.)

(765 ILCS 742/) Residential Tenants' Right to Repair Act.

 

 

    (765 ILCS 742/1)
   Sec. 1. Short title. This Act may be cited as the Residential Tenants' Right to Repair Act.
(Source: P.A. 93-891, eff. 1-1-05.)

 

 

    (765 ILCS 742/5)
   Sec. 5. Repair; deduction from rent. If a repair is required under a residential lease agreement or required under a law, administrative rule, or local ordinance or regulation, and the reasonable cost of the repair does not exceed the lesser of $500 or one-half of the monthly rent, the tenant may notify the landlord in writing by registered or certified mail or other restricted delivery service to the address of the landlord or an agent of the landlord as indicated on the lease agreement; if an address is not listed, the tenant may send notice to the landlord's last known address of the tenant's intention to have the repair made at the landlord's expense. If the landlord fails to make the repair within 14 days after being notified by the tenant as provided above or more promptly as conditions require in the case of an emergency, the tenant may have the repair made in a workmanlike manner and in compliance with the appropriate law, administrative rule, or local ordinance or regulation. Emergencies include conditions that will cause irreparable harm to the apartment or any fixture attached to the apartment if not immediately repaired or any condition that poses an immediate threat to the health or safety of any occupant of the dwelling or any common area. After submitting to the landlord a paid bill from an appropriate tradesman or supplier unrelated to the tenant, the tenant may deduct from his or her rent the amount of the bill, not to exceed the limits specified by this Section and not to exceed the reasonable price then customarily charged for the repair. If not clearly indicated on the bill submitted by the tenant, the tenant shall also provide to the landlord in writing, at the time of the submission of the bill, the name, address, and telephone number for the tradesman or supplier that provided the repair services. A tenant may not repair at the landlord's expense if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family, or another person on the premises with the tenant's consent.
(Source: P.A. 93-891, eff. 1-1-05.)

 

 

    (765 ILCS 742/10)
   Sec. 10. Exceptions.
   (a) This Act does not apply to public housing as defined in Section 3(b) of the United States Housing Act of 1937, as amended from time to time, and any successor Act.
   (b) This Act does not apply to condominiums.
   (c) This Act does not apply to not-for-profit corporations organized for the purpose of residential cooperative housing.
   (d) This Act does not apply to tenancies other than residential tenancies.
   (e) This Act does not apply to owner-occupied rental property containing 6 or fewer dwelling units.
   (f) This Act does not apply to any dwelling unit that is subject to the Mobile Home Landlord and Tenant Rights Act.
(Source: P.A. 93-891, eff. 1-1-05.)

 

 

    (765 ILCS 742/15)
   Sec. 15. Tenant liabilities and responsibilities. The tenant is responsible for ensuring that:
       (1) the repairs are performed in a workmanlike manner    

in compliance with the appropriate law, administrative rule, or local ordinance or regulation;

        (2) the tradesman or supplier that is hired by the

    

tenant to perform the repairs holds the appropriate valid license or certificate required by State or municipal law to make the repair; and

        (3) the tradesman or supplier is adequately insured

    

to cover any bodily harm or property damage that is caused by the negligence or substandard performance of the repairs by the tradesman or supplier.

    The tenant is responsible for any damages to the premises caused by a tradesman or supplier hired by the tenant. A tenant shall not be entitled to exercise the remedies provided for in this Act if the tenant does not comply with the requirements of this Section.
(Source: P.A. 93-891, eff. 1-1-05.)

 

 

    (765 ILCS 742/20)
   Sec. 20. Defense to eviction. A tenant may not assert as a defense to an action for rent or eviction that rent was withheld under this Act unless the tenant meets all the requirements provided for in this Act.
(Source: P.A. 93-891, eff. 1-1-05.)

 

 

    (765 ILCS 742/25)
   Sec. 25. Mechanics lien laws. For purposes of mechanics lien laws, repairs performed or materials furnished pursuant to this Act shall not be construed as having been performed or furnished pursuant to authority of or with permission of the landlord.
(Source: P.A. 93-891, eff. 1-1-05.)

 

 

    (765 ILCS 742/30)
   Sec. 30. Home rule. A home rule unit may not regulate residential lease agreements in a manner that diminishes the rights of tenants under this Act. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(Source: P.A. 93-891, eff. 1-1-05.)

(765 ILCS 745/) Mobile Home Landlord and Tenant Rights Act.

 

 

    (765 ILCS 745/1) (from Ch. 80, par. 201)
   Sec. 1. Applicability. This Act shall regulate and determine legal rights, remedies and obligations of the parties to any lease of a mobile home or mobile home lot in a mobile home park containing five or more mobile homes within this State. Any lease, written or oral, shall be unenforceable insofar as any provision thereof conflicts with any provision of this Act.
(Source: P.A. 81-637.)

 

 

    (765 ILCS 745/2) (from Ch. 80, par. 202)
   Sec. 2. Jurisdiction. Any person whether or not a citizen or resident of this State, who owns, holds an ownership or beneficial interest in, uses, manages or possesses real estate situated in this State, submits himself or his personal representative to the jurisdiction of the courts of this State as to any action proceeding for the enforcement of an obligation arising under this Act.
(Source: P.A. 81-637.)

 

 

    (765 ILCS 745/3) (from Ch. 80, par. 203)
   Sec. 3. Definitions. Unless otherwise expressly defined, all terms in this Act shall be construed to have their ordinarily accepted meanings or such meaning as the context therein requires.
   (a) "Person" means any legal entity, including but not limited to, an individual, firm, partnership, association, trust, joint stock company, corporation or successor of any of the foregoing.
   (b) "Manufactured home" means a factory-assembled, completely integrated structure designed for permanent habitation, with a permanent chassis, and so constructed as to permit its transport, on wheels temporarily or permanently attached to its frame, and is a movable or portable unit that is (i) 8 body feet or more in width, (ii) 40 body feet or more in length, and (iii) 320 or more square feet, constructed to be towed on its own chassis (comprised of frame and wheels) from the place of its construction to the location, or subsequent locations, at which it is connected to utilities for year-round occupancy for use as a permanent habitation, and designed and situated so as to permit its occupancy as a dwelling place for one or more persons, and specifically includes a "manufactured home" as defined in subdivision (53) of Section 9-102 of the Uniform Commercial Code. The term shall include units containing parts that may be folded, collapsed, or telescoped when being towed and that may be expected to provide additional cubic capacity, and that are designed to be joined into one integral unit capable of being separated again into the components for repeated towing. The term excludes campers and recreational vehicles. The words "mobile home" and "manufactured home" are synonymous for the purposes of this Act.
   (c) "Mobile Home Park" or "Park" means a tract of land or 2 contiguous tracts of land that contain sites with the necessary utilities for 5 or more mobile homes or manufactured homes. A mobile home park may be operated either free of charge or for revenue purposes.
   (d) "Park Owner" means the owner of a mobile home park and any person authorized to exercise any aspect of the management of the premises, including any person who directly or indirectly receives rents and has no obligation to deliver the whole of such receipts to another person.
   (e) "Tenant" means any person who occupies a mobile home rental unit for dwelling purposes or a lot on which he parks a mobile home for an agreed upon consideration.
   (f) "Rent" means any money or other consideration given for the right of use, possession and occupancy of property, be it a lot, a mobile home, or both.
   (g) "Master antenna television service" means any and all services provided by or through the facilities of any closed circuit coaxial cable communication system, or any microwave or similar transmission services other than a community antenna television system as defined in Section 11-42-11 of the Illinois Municipal Code.
   (h) "Authority having jurisdiction" means the Illinois Department of Public Health or a unit of local government specifically authorized by statute, rule, or ordinance to enforce this Act or any other statute, rule, or ordinance applicable to the mobile home park or manufactured home community.
   (i) "Managing agent" means any person or entity responsible for the operation, management, or maintenance of a mobile home park or manufactured home community.
(Source: P.A. 98-749, eff. 7-16-14; 98-1062, eff. 1-1-15; 99-78, eff. 7-20-15.)

 

 

    (765 ILCS 745/4) (from Ch. 80, par. 204)
   Sec. 4. Requisites for Rental or Offer of Mobile Home or Lot for Rental. No person shall rent or offer for rent any mobile home which does not conform to the sanitation, housing and health codes of the State or of the county or municipality in which the mobile home is located.
   No person shall rent or offer for rent any lot in a mobile home park which does not conform to subdivision ordinances of the county or municipality in which the mobile home park is located.
(Source: P.A. 81-637.)

 

 

    (765 ILCS 745/4a) (from Ch. 80, par. 204a)
   Sec. 4a. No park owner, after the effective date of this amendatory Act of 1987, may require a tenant to remove an outside conventional television antenna, or require that a tenant subscribe to and pay for master antenna television services rather than use an outside conventional television antenna. This Section shall not prohibit an owner from supplying free master antenna television services provided that the price of such services, is not made a part of the rent of the tenant. This Section also shall not prohibit a park owner from requiring a tenant to remove an outside conventional television antenna if such owner makes available master antenna television services at no charge above the rental stated in such tenant's lease.
(Source: P.A. 86-627.)

 

 

    (765 ILCS 745/5) (from Ch. 80, par. 205)
   Sec. 5. Exemptions. No mobile home park operated by the State or the Federal Government, or park land owned by either, and no trailer park operated for the use of recreational campers or travel trailers shall be subject to the provisions of this Act.
(Source: P.A. 81-637.)

 

 

    (765 ILCS 745/6) (from Ch. 80, par. 206)
   Sec. 6. Obligation of Park Owner to Offer Written Lease. Except as provided in this Act, no person shall offer a mobile home or lot for rent or sale in a mobile home park without having first exhibited to the prospective tenant or purchaser a copy of the lease applicable to the respective mobile home park, unless the prospective tenant waives this right in writing.
   (a) The park owner shall be required, on a date before the date on which the lease is signed, to offer to each present and future tenant a written lease for a term of not less than 24 months, unless the prospective tenant waives that right and the parties agree to a different term subject to existing leases which shall be continued pursuant to their terms.
   (b) Tenants in possession on the effective date of this Act shall have 30 days after receipt of the offer for a written lease within which to accept or reject such offer; during which period, the rent may not be increased or any other terms and conditions changed, except as permitted under this Act; providing that if the tenant has not so elected he shall vacate within the 30 day period.
   (c) The park owner shall notify his tenants in writing not later than 30 days after the effective date of this Act, that a written lease shall be available to the tenant and that such lease is being offered in compliance with and will conform to the requirements of this Act.
   (d) The park owner shall give 90 days' notice of any rent increase and no rent increase shall go into effect until 90 days after the notice. Upon receipt of the notice of the rent increase, a tenant shall have 30 days in which to accept or reject the rent increase. If the tenant rejects the rent increase, the tenant must notify the park owner of the date on which the tenant will vacate the premises, which shall be a date before the effective date of the rent increase.
   (e) The park owner may provide for a specified rent increase between the first and second years of the lease.
   (f) The park owner may offer a month-to-month tenancy agreement option to a tenant not wishing to make a long-term commitment if the tenant signs a written statement acknowledging that the park owner offered the tenant a longer term lease but the tenant chose instead to agree to only a month-to-month tenancy agreement. If the tenant declines to sign either a lease or a statement acknowledging that a lease was offered, the park owner shall sign and deliver to the tenant a statement to that effect. Any month-to-month tenancy agreement must provide a minimum of 90 days' notice to the tenant before any rent increase is effective.
   (g) A prospective tenant who executes a lease pursuant to this Section may cancel the lease by notifying the park owner in writing within 3 business days after the prospective tenant's execution of the lease, unless the prospective tenant waives in writing this right to cancel the lease or waives this right by taking possession of the mobile home or the lot. The park owner shall return any security deposit or rent paid by the prospective tenant within 10 days after receiving the written cancellation.
   (h) The maximum amount that a park owner may recover as damages for a tenant's early termination of a lease is the amount due under the lease, less any offset or mitigation through a re-lease.
   (i) A tenant in possession of a mobile home or lot who is not subject to a current lease on the effective date of this amendatory Act of the 95th General Assembly shall be offered a lease by the park owner within 90 days after the effective date of this amendatory Act of the 95th General Assembly. Tenants in possession on the effective date of this amendatory Act of the 95th General Assembly shall have 30 days after receipt of the offer for a written lease within which to accept or reject the offer, during which period the rent may not be increased or any other terms and conditions changed, except as permitted under this Act; provided that if the tenant has not so elected he or she shall vacate within the 30-day period.
(Source: P.A. 95-383, eff. 1-1-08.)

 

 

    (765 ILCS 745/6.3)
   Sec. 6.3. Temporary Tenant. If a tenant suffers from an illness or disability that requires the tenant to temporarily leave the mobile home park, the park owner shall allow a relative or relatives, designated by the tenant or the tenant's legal guardian or representative, to live in the home for a period of up to 90 days as temporary occupants if the following conditions are met:
       (1) The tenant must provide documentation of the    

disability or illness by a licensed physician dated within the past 60 days;

        (2) The temporary occupant must meet all

    

qualifications other than financial, including age in a community that provides housing for older persons, and the terms of the lease and park rules must continue to be met; as used in this item (2), "housing for older persons" has the meaning ascribed to that term in Section 3-106 of the Illinois Human Rights Act; and

        (3) At least 5 days before occupancy, the temporary

    

occupant must submit an application for residency to the park owner by which the temporary occupant provides all information required to confirm that the temporary occupant meets community requirements.

    After the 90-day temporary occupancy period, the temporary occupant shall be required to provide documentation of ongoing financial ability to pay the costs relative to occupancy.
(Source: P.A. 95-383, eff. 1-1-08.)

 

 

    (765 ILCS 745/6.4)
   Sec. 6.4. Rent Deferral Program. A tenant or co-tenants may defer, for up to one year, payment of the amount by which the rent has most recently been increased if the tenant or co-tenants provide proof of inability to pay the increased rent amount by meeting the following requirements within 30 days of the date on which the tenant or co-tenants receive either a new lease or a notice of rent increase:
       (1) The tenant or co-tenants attest, by sworn    

affidavit, that they shall diligently proceed to list their mobile home with a licensed sales entity and market it for sale;

        (2) The tenant or co-tenants attest, by sworn

    

affidavit, that the proposed new lease amount will exceed 45% of the tenant's or co-tenants' current taxable and non-taxable income, from whatever source derived; and

        (3) The tenant or co-tenants provide verification in

    

the form of a tax return and other such documents as may be required to independently verify the annual income and assets of the tenant or co-tenants.

    If the tenant or co-tenants meet the above requirements, the tenant or co-tenants may continue to reside in the mobile home for a period of up to 12 months or the date on which the tenant or co-tenants sell the mobile home to a new tenant approved by the park owner, whichever date is earlier. The tenant or co-tenants must remain current on all rent payments at the rental amount due before the notice of the rent increase. The tenant or co-tenants shall be required to pay, upon sale of the home, the deferred rent portion which represents the difference between the actual monthly rental amount paid starting from the effective date of the rent increase and the monthly amount due per the rent increase notice without any additional interest or penalty charges.
(Source: P.A. 95-383, eff. 1-1-08.)

 

 

    (765 ILCS 745/6.5)
   (Text of Section before amendment by P.A. 102-737)
   Sec. 6.5. Disclosure. A park owner must disclose in writing the following with every lease or sale and upon renewal of a lease of a mobile home or lot in a mobile home park or manufactured home community:
       (1) the rent charged for the mobile home or lot in    

the past 5 years;

        (2) the park owner's responsibilities with respect to

    

the mobile home or lot;

        (3) information regarding any fees imposed in

    

addition to the base rent;

        (4) information regarding late payments;
       (5) information regarding any privilege tax that is

    

applicable;

        (6) information regarding security deposits,

    

including the right to the return of security deposits and interest as provided in Section 18 of this Act;

        (7) information on a 3-year rent increase projection

    

which includes the 2 years of the lease and the year immediately following. The basis for such rent increases may be a fixed amount, a "not to exceed" amount, a formula, an applicable index, or a combination of these methodologies as elected by the park owner. These increases may be in addition to all the non-controllable expenses including, but not limited to, property taxes, government assessments, utilities, and insurance;

        (8) the name of the legal entity that owns the

    

manufactured home community or mobile home park, and either: (a) the name, address, and telephone number of the property manager or designated agent for the manufactured home community or mobile home park; or (b) the address and telephone number of the legal entity that owns the manufactured home community or mobile home park, if the manufactured home community or mobile home park does not have a property manager or designated agent; and

        (9) information contained in any inspection notice

    

required to be posted under subsection (b) of Section 6.7 of this Act.

    The park owner must update the written disclosure at least once per year. The park owner must advise tenants who are renewing a lease of any changes in the disclosure from any prior disclosure. Within 20 days after the closing of a purchase and sale of a manufactured home community or mobile home park that results in a change in the owner, the purchaser or the representative of the purchaser must provide written notice to each homeowner of the new owner and either: (i) the name, address, and telephone number of the property manager or designated agent for the manufactured home community or mobile home park; or (ii) the address and telephone number of the legal entity that owns the manufactured home community or mobile home park if the manufactured home community or mobile home park does not have a property manager or designated agent. The written notice may be provided by hand delivery to the resident's home, by United States mail or a recognized courier service, by posting in the office of the custodian of the park or in the clubhouse or other area of the park where park residents gather, or by posting on a community bulletin board.
   The changes to this Section by this amendatory Act of the 98th General Assembly apply to disclosures made and changes of ownership that take place on or after January 1, 2015.
(Source: P.A. 98-1062, eff. 1-1-15.)
 
   (Text of Section after amendment by P.A. 102-737)
   Sec. 6.5. Disclosure. A park owner must disclose in writing the following with every lease or sale and upon renewal of a lease of a mobile home or lot in a mobile home park or manufactured home community:
       (1) the rent charged for the mobile home or lot in

    

the past 5 years;

        (2) the park owner's responsibilities with respect to

    

the mobile home or lot;

        (3) information regarding any fees imposed in

    

addition to the base rent;

        (4) information regarding late payments;
       (5) information regarding any privilege tax that is

    

applicable;

        (6) information regarding security deposits,

    

including the right to the return of security deposits and interest as provided in Section 18 of this Act;

        (7) information on a 3-year rent increase projection

    

which includes the 2 years of the lease and the year immediately following. The basis for such rent increases may be a fixed amount, a "not to exceed" amount, a formula, an applicable index, or a combination of these methodologies as elected by the park owner. If a formula is used, the formula shall include the total fixed amount determined by the formula, and, if applicable, the "not to exceed" amount. These increases may be in addition to all the non-controllable expenses including, but not limited to, property taxes, government assessments, utilities, and insurance;

        (8) the contact information of the legal entity that

    

owns the manufactured home community or mobile home park or, if applicable, the contact information of the property manager or designated agent for the manufactured home community or mobile home park;

        (9) information contained in any inspection notice

    

required to be posted under subsection (b) of Section 6.7 of this Act; and

        (10) information notifying a tenant that the tenant's

    

right to trial by jury shall not be waived.

    The park owner must update the written disclosure at least once per year. The park owner must advise tenants who are renewing a lease of any changes in the disclosure from any prior disclosure. Within 20 days after the closing of a purchase and sale of a manufactured home community or mobile home park that results in a change in the owner, the purchaser or the representative of the purchaser must provide written notice to each homeowner of the new owner and either: (i) the name, address, and telephone number of the property manager or designated agent for the manufactured home community or mobile home park; or (ii) the address and telephone number of the legal entity that owns the manufactured home community or mobile home park if the manufactured home community or mobile home park does not have a property manager or designated agent. The written notice may be provided by hand delivery to the resident's home, by United States mail or a recognized courier service, by posting in the office of the custodian of the park or in the clubhouse or other area of the park where park residents gather, or by posting on a community bulletin board.
   The changes to this Section by this amendatory Act of the 98th General Assembly apply to disclosures made and changes of ownership that take place on or after January 1, 2015.
   The changes to this Section made by this amendatory Act of the 102nd General Assembly apply to disclosures made and changes of ownership that take place on or after January 1, 2023.
(Source: P.A. 102-737, eff. 1-1-23.)

 

 

    (765 ILCS 745/6.6)
   Sec. 6.6. Notice of bankruptcy or foreclosure proceedings. If a bankruptcy case is commenced by or against a park owner by the filing of a voluntary or involuntary petition under Title 11 of the United States Code, if a receiver is appointed by a court of competent jurisdiction in a case filed by or against a park owner, or if a foreclosure proceeding is initiated against the park property by a creditor of the park owner, then: (i) the park owner shall provide written notice of the commencement of the bankruptcy or foreclosure to the tenant within 30 days of process having been properly served upon the park owner notifying the park owner of the commencement of the case or proceeding, or, with respect to a voluntary petition filed by the park owner under Title 11 of the United States Code, within 30 days of the park owner's filing of the petition; and (ii) the receiver shall notify all tenants of the park of its appointment in accordance with the provisions of subsection (f) of Section 15-1704 of the Code of Civil Procedure. The park owner shall cause the written notice from the park owner required by subclause (i) of the immediately preceding sentence to be served by delivering a copy to the known occupant or by leaving the notice with some person of the age of 13 years or upwards who is residing on or in the leased premises or who is in possession of the leased premises or by sending a copy of the notice to the known occupant by first-class mail addressed to the occupant by the name known to the park owner.
(Source: P.A. 98-1062, eff. 1-1-15.)

 

 

    (765 ILCS 745/6.7)
   Sec. 6.7. Violations; inspection reports; postings; penalty.
   (a) Any nonconformance with a statute, rule, or ordinance applicable to the mobile home park or manufactured home community constitutes a violation. The authority having jurisdiction shall identify violations in an inspection report. The inspection report shall be served upon the park owner or managing agent in person or by certified United States mail, return receipt requested, postage prepaid.
   (b) The park owner or its managing agent shall post in a conspicuous place any inspection report received from the authority having jurisdiction regarding health and life safety violations as defined in rules promulgated by the Illinois Department of Public Health. The inspection report shall be posted beginning the business day after the date by which the violation or violations must be corrected as set forth in the inspection report issued by the authority having jurisdiction. The posting may be removed only when:
       (1) the authority having jurisdiction has issued    

written authorization to remove the posting; or

        (2) the park owner or its managing agent has

    

corrected the violation or violations, served notice to the authority having jurisdiction that the violation or violations have been corrected by submitting such documentation or affidavit as may be necessary to substantiate the correction by certified United States mail, return receipt requested, postage prepaid, and no less than 15 days have expired from the mailing date of the notice to the authority having jurisdiction.

    (c) Nothing in this Act may be construed to diminish, impair, or otherwise affect the authority of the authority having jurisdiction to charge violations under the Mobile Home Park Act or any other statute, rule, or ordinance applicable to the mobile home park or manufactured home community.
   (d) Failure to comply with the requirements of this Section subjects the park owner or managing agent to a $250 penalty. The penalty shall be payable to the authority having jurisdiction which issued the inspection report citing violations.
   (e) For purposes of enforcement of this Section by the Illinois Department of Public Health, the Illinois Administrative Procedure Act is hereby expressly adopted. The Illinois Department of Public Health has the authority to promulgate rules to enforce this Section.
   (f) For purposes of enforcement of this Section by any authority having jurisdiction other than the Illinois Department of Public Health, the authority having jurisdiction has the authority to adopt ordinances to enforce this Section.
(Source: P.A. 98-1062, eff. 1-1-15.)

 

 

    (765 ILCS 745/7) (from Ch. 80, par. 207)
   Sec. 7. Effect of Unsigned Lease. If the tenant shall fail to sign a written lease which has been signed and tendered to him by the owner and shall further provide the owner with a rejection in writing of such offer, the tenant's continuation of possession and payment of rent without reservation shall constitute an acceptance of the lease with the same effect as if it had been signed by the tenant.
(Source: P.A. 81-637.)

 

 

    (765 ILCS 745/8) (from Ch. 80, par. 208)
   Sec. 8. Renewal of Lease.
   (a) Every lease of a mobile home or lot in a mobile home park shall contain an option which automatically renews the lease; unless:
       (1) the tenant shall notify the owners 30 days prior    

to the expiration of the lease that he does not intend to renew the lease;

        (2) the park owner shall notify the tenant 30 days

    

prior to the expiration of the lease that the lease will not be renewed and specify in writing the reasons, such as violations of park rules, health and safety codes or irregular or non-payment of rent;

        (3) the park owner elects to cease the operation of

    

either all or a portion of the mobile home park; or

        (4) the park owner seeks to change the terms of the

    

agreement pursuant to subsection (b) in which case the procedures set forth in subsection (b) shall apply, unless the only change is in the amount of rent, in which case it is sufficient if the park owner provides a letter notice to the tenant stating the changed rent amount; any notice of a change in the amount of rent shall advise the tenant that the tenant will be given a copy of the lease, upon request, at no charge and that no other changes in the lease are allowed.

    (b) If there is no change in the lease, the park owner must provide the tenant with a letter notice stating there will be no change in the lease terms unless a new lease is signed. If there is a change in the rent, the park owner must offer to provide the tenant a copy of the lease without charge upon request.
   (c) All notices required under this Section shall be by first class mail or personal service.
(Source: P.A. 95-383, eff. 1-1-08.)

 

 

    (765 ILCS 745/8.5)
   Sec. 8.5. Park Closure. If a park owner elects to cease the operation of either all or a portion of the mobile home park, the tenants shall be entitled to at least 12 months' notice of such ceasing of operations. If 12 months or more remain on the existing lease at the time of notice, the tenant is entitled to the balance of the term of his or her lease up to the date of the closing. If less than 12 months remain in the term of his or her lease, the tenant is entitled to the balance of his or her lease plus a written month-to-month tenancy and rent must remain at the expiring lease rate to provide him or her with a full 12 months' notice.
(Source: P.A. 95-383, eff. 1-1-08.)

 

 

    (765 ILCS 745/9) (from Ch. 80, par. 209)
   (Text of Section before amendment by P.A. 102-737)
   Sec. 9. The Terms of Fees and Rents. The terms for payment of rent shall be clearly set forth and all charges for services, ground or lot rent, unit rent, or any other charges shall be specifically itemized in the lease and in all billings of the tenant by the park owner.
   The owner shall not change the rental terms nor increase the cost of fees, except as provided herein.
   The park owner shall not charge a transfer or selling fee as a condition of sale of a mobile home that is going to remain within the park unless a service is rendered.
   Rents charged to a tenant by a park owner may be increased upon the renewal of a lease. Notification of an increase shall be delivered 90 days prior to expiration of the lease.
   The park owner shall not charge or impose upon a tenant any fee or increase in rent which reflects the cost to the park owner of any fine, forfeiture, penalty, money damages, or fee assessed or awarded by a court of law against the park owner, including any attorney's fees and costs incurred by the park owner in connection therewith unless the fine, forfeiture, penalty, money damages, or fee was incurred as a result of the tenant's actions.
(Source: P.A. 95-383, eff. 1-1-08.)
 
   (Text of Section after amendment by P.A. 102-737)
   Sec. 9. The Terms of Fees and Rents. The terms for payment of rent shall be clearly set forth and all charges for services, ground or lot rent, unit rent, or any other charges shall be specifically itemized in the lease and in all billings of the tenant by the park owner.
   The owner shall not change the rental terms nor increase the cost of fees, except as provided herein.
   The park owner shall not charge a transfer or selling fee as a condition of sale of a mobile home that is going to remain within the park unless a service is rendered.
   Rents charged to a tenant by a park owner may be increased upon the renewal of a lease. Notification of an increase shall be delivered 90 days prior to expiration of the lease.
   The park owner shall not charge or impose upon a tenant any fee or increase in rent which reflects the cost to the park owner of any fine, forfeiture, penalty, money damages, or fee assessed or awarded by a court of law against the park owner, including any attorney's fees and costs incurred by the park owner in connection therewith unless the fine, forfeiture, penalty, money damages, or fee was incurred as a result of the tenant's actions.
   The park owner shall not charge or impose a pet fee upon a resident that owns the home, unless a service related to the pet is offered by the park owner and accepted by the resident. A tenant of a home owned by the park owner may be subject to the imposition of a pet fee as agreed to in the lease.
(Source: P.A. 102-737, eff. 1-1-23.)

 

 

    (765 ILCS 745/9.5)
   Sec. 9.5. Abandoned or repossessed properties. In the event of the sale of abandoned or repossessed property, the park owner shall, after payment of all outstanding rent, fees, costs, and expenses to the community, and payment in priority order to lienholders, including providers of any utility services, pay any remaining balance to the title holder of the abandoned or repossessed property. If the tenant cannot be found through a diligent inquiry after 90 days, then the funds shall be forfeited. As used in this Section, "diligent inquiry" means sending a notice by certified mail to the last known address.
   An action by a park owner involving an abandoned manufactured home and any household goods or other personal property in the abandoned manufactured home following an eviction shall comply with the Abandoned Mobile Home Act. For a repossessed manufactured home, a park owner shall comply with subsection (g) of Section 10.1 of the Abandoned Mobile Home Act regarding any household goods or other personal property in the repossessed manufactured home.
(Source: P.A. 101-410, eff. 8-16-19.)

 

 

    (765 ILCS 745/10) (from Ch. 80, par. 210)
   Sec. 10. Waiver of Provisions. Any provision of a lease whereby any provisions of this Act are waived is declared void.
(Source: P.A. 81-637.)

 

 

    (765 ILCS 745/11) (from Ch. 80, par. 211)
   Sec. 11. Provisions of mobile home park leases. Any lease hereafter executed or currently existing between an owner and tenant in a mobile home park in this State shall also contain, or shall be made to contain, the following covenants binding the owner at all times during the term of the lease to:
       (a) identify to each tenant prior to his occupancy    

the lot area for which he will be responsible;

        (b) keep all exterior property areas not in the

    

possession of a tenant, but part of the mobile home park property, free from the species of weeds and plant growth which are generally noxious or detrimental to the health of the tenants;

        (c) maintain all electrical, plumbing, gas or other

    

utilities provided by him in good working condition with the exception of emergencies after which repairs must be completed within a reasonable period of time;

        (d) maintain all subsurface water and sewage lines

    

and connections in good working order;

        (e) respect the privacy of the tenants and if only

    

the lot is rented, agree not to enter the mobile home without the permission of the mobile home owner, and if the mobile home is the property of the park owner, to enter only after due notice to the tenant, provided, the park owner or his representative may enter without notice in emergencies;

        (f) maintain all roads within the mobile home park in

    

good condition;

        (g) include a statement of all services and

    

facilities which are to be provided by the park owner for the tenant, e.g. lawn maintenance, snow removal, garbage or solid waste disposal, recreation building, community hall, swimming pool, golf course, laundromat, etc.;

        (h) disclose the full names and addresses of all

    

individuals in whom all or part of the legal or equitable title to the mobile home park is vested, or the name and address of the owners' designated agent;

        (i) provide a custodian's office and furnish each

    

tenant with the name, address and telephone number of the custodian and designated office.

(Source: P.A. 90-655, eff. 7-30-98.)

 

 

    (765 ILCS 745/12) (from Ch. 80, par. 212)
   Sec. 12. Lease prohibitions. No lease hereafter executed or currently existing between a park owner and tenant in a mobile home park or manufactured home community in this State shall contain any provision:
       (a) Permitting the park owner to charge a penalty fee    

for late payment of rent without allowing a tenant a minimum of 5 days beyond the date the rent is due in which to remit such payment;

        (b) Permitting the park owner to charge an amount in

    

excess of one month's rent as a security deposit;

        (c) Requiring the tenant to pay any fees not

    

specified in the lease;

        (d) Permitting the park owner to transfer, or move, a

    

mobile home to a different lot, including a different lot in the same mobile home park or manufactured home community, during the term of the lease;

        (e) Waiving the homeowner's right to a trial by jury.
   If one provision of a lease is invalid, that does not affect the validity of the remaining provisions of the lease.
(Source: P.A. 98-1062, eff. 1-1-15.)

 

 

    (765 ILCS 745/12a) (from Ch. 80, par. 212a)
   Sec. 12a. No lease hereafter executed between a mobile home park owner and a tenant in such a park in this State shall contain any provision requiring the tenant to purchase a mobile home from the park owner, or requiring that if the tenant purchases any mobile home during the lease term that such mobile home must be purchased from the park owner, and no such requirement shall be made as a condition precedent to entering into a lease agreement with any such tenant.
(Source: P.A. 85-1214.)

 

 

    (765 ILCS 745/13) (from Ch. 80, par. 213)
   Sec. 13. Tenant's Duties. The tenant shall agree at all times during the tenancy to:
   (a) Keep the mobile home unit, if he rents such, or the exterior premises if he rents a lot, in a clean and sanitary condition, free of garbage and rubbish;
   (b) Refrain from the storage of any inoperable motor vehicle;
   (c) Refrain from washing all vehicles except at an area designated by park management;
   (d) Refrain from performing any major repairs of motor vehicles at any time;
   (e) Refrain from the storage of any icebox, stove, building material, furniture or similar items on the exterior premises;
   (f) Keep the supplied basic facilities, including plumbing fixtures, cooking and refrigeration equipment and electrical fixtures in a leased mobile home unit in a clean and sanitary condition and be responsible for the exercise of reasonable care in their proper use and operation;
   (g) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so;
   (h) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not affect or disturb his neighbors' peaceful enjoyment of the premises;
   (i) Abide by all the rules or regulations concerning the use, occupation and maintenance of the premises; and
   (j) Abide by any reasonable rules for guest parking which are clearly stated.
(Source: P.A. 97-813, eff. 7-13-12.)

 

 

    (765 ILCS 745/14) (from Ch. 80, par. 214)
   Sec. 14. Rules and regulations of park. Rules and regulations promulgated and adopted by the park owner are enforceable against a tenant only if:
   (a) A copy of all rules and regulations was delivered by the park owner to the tenant prior to his signing the lease;
   (b) The purpose of such rules and regulations is to promote the convenience, safety and welfare of the tenants, preserve park property from damage or to fairly distribute park services and facilities to the tenants;
   (c) They are reasonably related to the purpose for which adopted;
   (d) They apply to all tenants in a fair manner;
   (e) They are sufficiently explicit in prohibition, direction or limitation of the tenant's conduct to fairly inform him of what he must or must not do to comply; and
   (f) They are not for the purpose of evading the obligation of the park owner.
   A rule or regulation adopted during the term of a lease is enforceable against the tenant only if 30 days written notice of its adoption is given the tenant and such rule or regulation is not in violation of the terms and conditions of the lease.
(Source: P.A. 81-637.)

 

 

    (765 ILCS 745/14-1) (from Ch. 80, par. 214-1)
   Sec. 14-1. The Department of Public Health shall produce and distribute a pamphlet setting forth clearly, and in detail, the tenant's and park operator's rights and obligations under this Act. The pamphlet shall be produced within 90 days of the effective date of this amendatory Act of 1992.
   Each park owner shall make these pamphlets available to all current tenants within 60 days after receiving the pamphlets. This requirement may be satisfied by distributing or mailing the pamphlets to each tenant. All new tenants shall be offered a pamphlet at or before the time at which they are offered a written lease.
   A violation of the provisions of this Section shall not render any lease void or voidable nor shall it constitute:
       (1) A defense to any action or proceeding to enforce    

the lease.

        (2) A defense to any action or proceeding for breach

    

of the lease.

(Source: P.A. 87-1078.)

 

 

    (765 ILCS 745/14.2)
   Sec. 14.2. Relocation plan. The Department of Public Health shall facilitate the development of a plan to address the relocation efforts of manufactured home or mobile home owners who are compelled to relocate due to (i) the sale of the manufactured home community or mobile home park in which they live to a person or entity which will use the property for a use other than as a manufactured home community or mobile home park or (ii) the closure of or the cessation of the operation of the manufactured home community or mobile home park in which they live. The plan shall be developed in cooperation with members of the General Assembly, manufactured home owners, mobile home owners, manufactured home community owners, mobile home park owners, and the respective statewide organizations that represent manufactured home owners, mobile home owners, manufactured home community owners, or mobile home park owners. Both the Illinois Department of Public Health and the Illinois Housing Development Authority will participate in this collaborative effort by providing office space for meetings and information on matters that arise in which the agencies have expertise, such as issues relating to public health and options for affordable housing, respectively. The plan shall include provisions for the special counseling of manufactured home or mobile home owners displaced from the manufactured home community or mobile home park in which they live; the relocation or shelter needs of displaced manufactured home or mobile home owners; and the creation of a Manufactured Housing Relocation Fund. The plan may include proposed legislation. No later than October 1, 2011, the plan and any proposed legislation shall be submitted to the President of the Senate, the Senate Minority Leader, the Speaker of the House of Representatives, and the House Minority Leader.
(Source: P.A. 97-536, eff. 8-23-11.)

 

 

    (765 ILCS 745/14.3)
   Sec. 14.3. Water supply requirement. If exigent circumstances arise, the park owner is responsible for providing a water supply to each household. The amount shall be determined based on the lower-range quantity of water needed for survival, per person, pursuant to the World Health Organization's guidelines. The park owner shall provide water following a 3-day period in which the normal supply of water is disrupted, and shall provide water for as long as the disruption in water service continues.
   This Section does not apply if the disruption of water service originates from factors outside the control of the mobile home park.
(Source: P.A. 102-227, eff. 1-1-22.)

 

 

    (765 ILCS 745/15) (from Ch. 80, par. 215)
   Sec. 15. Statutory grounds for eviction. A park owner may terminate the lease and evict a tenant for any one or more of the following acts:
   (a) Non-payment of rent due;
   (b) Failure to comply with the park rules;
   (c) Failure to comply with local ordinances and State laws regulating mobile homes.
(Source: P.A. 81-637.)

 

 

    (765 ILCS 745/16) (from Ch. 80, par. 216)
   Sec. 16. Improper grounds for eviction. The following conduct by a tenant shall not constitute grounds for eviction or termination of the lease, nor shall an eviction order be entered against a tenant:
       (a) As a reprisal for the tenant's effort to secure    

or enforce any rights under the lease or the laws of the State of Illinois, or its governmental subdivisions of the United States;

        (b) As a reprisal for the tenant's good faith

    

complaint to a governmental authority of the park owner's alleged violation of any health or safety law, regulation, code or ordinance, or State law or regulation which has as its objective the regulation of premises used for dwelling purposes;

        (c) As a reprisal for the tenant's being an organizer

    

or member of, or involved in any activities relative to a homeowners' association;

        (d) As a reprisal for or on the basis of the tenant's

    

immigration or citizenship status.

(Source: P.A. 101-439, eff. 8-21-19; 102-558, eff. 8-20-21.)

 

 

    (765 ILCS 745/17) (from Ch. 80, par. 217)
   Sec. 17. Notice required by Law. The following notice shall be printed verbatim in a clear and conspicuous manner in each lease or rental agreement of a mobile home or lot:
   "IMPORTANT NOTICE REQUIRED BY LAW:
   The rules set forth below govern the terms of your lease of occupancy arrangement with this mobile home park. The law requires all of these rules and regulations to be fair and reasonable, and if not, such rules and regulations cannot be enforced against you.
   You may continue to reside in the park as long as you pay your rent and abide by the rules and regulations of the park. You may only be evicted for non-payment of rent, violation of laws, or for violation of the rules and regulations of the park and the terms of the lease.
   If this park requires you to deal exclusively with a certain fuel dealer or other merchant for goods or service in connection with the use or occupancy of your mobile home or on your mobile home lot, the price you pay for such goods or services may not be more than the prevailing price in this locality for similar goods and services.
   You may not be evicted for reporting any violations of law or health and building codes to boards of health, building commissioners, the department of the Attorney General or any other appropriate government agency."
(Source: P.A. 81-637.)

 

 

    (765 ILCS 745/18) (from Ch. 80, par. 218)
   Sec. 18. Security deposit; Interest.
   (a) If the lease requires the tenant to provide any deposit with the park owner for the term of the lease, or any part thereof, said deposit shall be considered a Security Deposit. Security Deposits shall be returned in full to the tenant, provided that the tenant has paid all rent due in full for the term of the lease and has caused no actual damage to the premises.
   The park owner shall furnish the tenant, within 15 days after termination or expiration of the lease, an itemized list of the damages incurred upon the premises and the estimated cost for the repair of each item. The tenant's failure to object to the itemized list within 15 days shall constitute an agreement upon the amount of damages specified therein. The park owner's failure to furnish such itemized list of damages shall constitute an agreement that no damages have been incurred upon the premises and the entire security deposit shall become immediately due and owing to the tenant.
   The tenant's failure to furnish the park owner a forwarding address shall excuse the park owner from furnishing the list required by this Section.
   (b) A park owner of any park regularly containing 25 or more mobile homes shall pay interest to the tenant, on any deposit held by the park owner, computed from the date of the deposit at a rate equal to the interest paid by the largest commercial bank, as measured by total assets, having its main banking premises in this State on minimum deposit passbook savings accounts as of December 31 of the preceding year on any such deposit held by the park owner for more than 6 months. However, in the event that any portion of the amount deposited is utilized during the period for which it is deposited in order to compensate the owner for non-payment of rent or to make a good faith reimbursement to the owner for damage caused by the tenant, the principal on which the interest accrues may be recomputed to reflect the reduction for the period commencing on the first day of the calendar month following the reduction.
   The park owner shall, within 30 days after the end of each 12-month period, pay to the tenant any interest owed under this Section in cash, provided, however, that the amount owed may be applied to rent due if the owner and tenant agree thereto.
   A park owner who willfully fails or refuses to pay the interest required by this Act shall, upon a finding by a circuit court that he willfully failed or refused to pay, be liable for an amount equal to the amount of the security deposit, together with court costs and a reasonable attorney's fee.
   (c) A park owner, as landlord, shall hold in trust all security deposits received from a tenant in one or more banks, savings banks, or credit unions, the accounts of which are insured by the Federal Deposit Insurance Corporation, the National Credit Union Administration Share Insurance Fund, or other applicable entity under law. A security deposit and the interest due under subsection (b) of this Section is the property of the tenant until the deposit is returned to the tenant or used to compensate, or applied to the tenant's obligations to, the park owner, as landlord, in accordance with the lease or applicable State and local law. The security deposit shall not be commingled with the assets of the park owner, and shall not be subject to the claims of any creditor of the park owner or any party claiming an interest in the deposit through the park owner, including a foreclosing mortgagee or trustee in bankruptcy; provided that this subsection does not prevent a foreclosing mortgagee, receiver, or trustee from taking over control of the applicable bank account holding the security deposits, which may include moving the security deposits to another bank account meeting the requirements of this Section, provided that the mortgagee, receiver, or trustee:
       (1) shall continue to hold the security deposits in    

trust as provided in, and subject to, the provisions of this Section; and

        (2) is entitled to use a security deposit to

    

compensate, and apply a security deposit to discharge the obligations of the tenant to, the park owner as permitted by the lease or applicable State and local law.

(Source: P.A. 98-1062, eff. 1-1-15.)

 

 

    (765 ILCS 745/19) (from Ch. 80, par. 219)
   Sec. 19. Purchase of Goods and Services. (a) No park owner shall restrict a tenant in his choice of a seller of fuel, furnishings, accessories or goods or services connected with a mobile home unless such restriction is necessary to protect the health or safety of the park residents. The park owner may determine by rule or regulation the style or quality of exterior equipment to be purchased by the tenant from a vendor of the tenant's choosing.
   Provided that no park owner shall be required to permit service vehicles in the park in such numbers and with such frequency that a danger is created for pedestrian traffic in the park.
   (b) No park owner shall require as a condition of tenancy or continued tenancy for a tenant to purchase fuel oil or bottled gas from any particular fuel oil or bottled gas dealer or distributor.
   Provided that this Section shall not apply to a park owner who provides a centralized distribution system for fuel oil or bottled gas, or both, for residents therein. No park owner providing a centralized distribution system shall charge residents more than a reasonable retail price.
(Source: P.A. 81-637.)

 

 

    (765 ILCS 745/20) (from Ch. 80, par. 220)
   Sec. 20. Gifts, Donations, Bonus, Gratuity, Etc. (a) Any park owner who, directly or indirectly, receives, collects or accepts from any person any donation, gratuity, bonus or gift, in addition to lawful charges, upon the representation that compliance with the request or demand will facilitate, influence or procure an advantage in entering into an agreement, either oral or written, for the lease or rental of real property, or contract of sale of a mobile home, or any park owner or his representative, who refuses to enter into such lease or contract of sale unless he receives, directly or indirectly, a donation, gratuity, bonus or gift, or any park owner or his representative who directly or indirectly aids, abets, requests or authorizes any other person to violate any provision of this Section, commits a violation of this Act.
   (b) Any person who pays such donation, gratuity, bonus or gift may recover twice its value, together with costs of the action, against any such person in violation of this Section.
(Source: P.A. 81-637.)

 

 

    (765 ILCS 745/20.5)
   Sec. 20.5. Publication of false or misleading information; remedies. Any person who pays anything of value toward the purchase of a mobile home or placement of a mobile home in a mobile home park located in this State in reasonable reliance upon any material statement or information that is false or misleading and published by or under authority from the park owner or developer in advertising and promotional materials, including, but not limited to, a prospectus, the items required as exhibits to a prospectus, brochures, and newspaper advertising, shall have a cause of action to rescind the contract or collect damages from the developer, park owner, or mobile home dealer for her or his loss.
(Source: P.A. 93-1043, eff. 6-1-05.)

 

 

    (765 ILCS 745/21) (from Ch. 80, par. 221)
   Sec. 21. Remedies, Tenants. If the park owner fails to substantially conform to the lease agreement or fails to substantially comply with any code, statute, ordinance or regulation governing the operation of a mobile home park or the maintenance of the premises, the tenant may, on written notice to the park owner, terminate the lease and vacate the premises at any time during the first 30 days of occupancy. After the expiration of said 30 days the tenant may terminate the lease only if he has remained in possession in reliance upon the park owner's written promise to correct all or any part of the condition which would justify termination by the tenant under this Section.
   Any condition which deprives the tenant of substantial benefit and enjoyment which the park owner shall fail to remedy within 30 days after having received notice in writing of such condition shall constitute grounds for the tenant to terminate the lease and vacate the premises. No such notice shall be required where the condition renders the mobile home uninhabitable or poses an imminent threat to the health, welfare and safety of any occupant.
   If such condition was proximately caused by the willful or negligent act or omission of the park owner, the tenant may recover any damages sustained as a result of the condition including, but not limited to, reasonable expenditures necessary to obtain adequate substitute housing while the mobile home is uninhabitable.
   The tenant may sue to enforce all Sections of this Act and the court may award damages or grant any injunctive or other relief.
(Source: P.A. 81-1509.)

 

 

    (765 ILCS 745/22) (from Ch. 80, par. 222)
   Sec. 22. Remedies, park owner. A park owner may, any time rent is overdue, notify the tenant in writing that unless payment is made within the time specified in the notice, not less than 5 days after receipt thereof, the lease will be terminated. If the tenant remains in default, the park owner may institute legal action for recovery of possession, rent due and any damages.
   If the tenant breaches any provision of the lease or rules and regulations of the mobile home park, the park owner shall notify the tenant in writing of his breach. Such notice shall specify the violation and advise the tenant that if the violation shall continue for more than 24 hours after receipt of such notice the park owner may terminate the lease.
   If the tenant breaches any provision of the lease or rules and regulations of the mobile home park, the park owner shall give the tenant written notice specifying in writing the reason for any fine that may be imposed on the tenant. As used in this Section, "fine" does not include fees that are imposed on a tenant for services or products provided by the park owner to the tenant. If a fine is imposed on a tenant, the following applies for 45 days after written notice of the fine is delivered to the tenant:
       (1) non-payment of a fine shall not be grounds for    

refusal to accept a rent payment; and

        (2) the fine shall not be deducted from a rent

    

payment.

    Acceptance of a rent payment shall not be construed as a waiver of an unpaid fine.
(Source: P.A. 99-731, eff. 1-1-17.)

 

 

    (765 ILCS 745/23) (from Ch. 80, par. 223)
   Sec. 23. Termination of Lease. If a tenant shall remain in possession of the premises after the expiration of his lease without having notified the park owner of his acceptance or rejection of a renewal of the lease and without the park owner's consent, the tenant shall pay to the park owner a sum, not to exceed twice the monthly rental under the previous lease, computed and pro-rated daily for each day he shall remain in possession.
(Source: P.A. 81-637.)

 

 

    (765 ILCS 745/24) (from Ch. 80, par. 224)
   Sec. 24. Sale of Mobile Home. The park owner shall be enjoined and restrained from prohibiting, limiting, restricting, obstructing or in any manner interfering with the freedom of any mobile home owner to:
   (a) Sell his mobile home to a purchaser of his choice, provided that the park owner shall be allowed to promulgate any general qualifications or lawful restrictions on park residents which limit or define the admission of entrants to the park. The purchaser, prior to closing, must obtain a written and signed lease;
   (b) Employ or secure the services of an independent salesperson in connection with the sale of said mobile home, providing that said salesperson collects and remits all governmental taxes.
   The park owner is prohibited from imposing any fee, charge or commission for the sale of a mobile home, except when a mobile home owner requests the park owner or his agent to assist in securing a purchaser for his mobile home. A commission may be accepted for such service subject only to the following conditions:
   (1) That the exact amount of commission or fee shall be a percentage of the actual sales price of the mobile home; and
   (2) That the maximum percentage figure for the services in the resale of the mobile home by park owner or his agent shall be set forth in writing prior to the sale.
   The park owner is prohibited from requiring, upon the sale by a tenant of a mobile home to a qualified purchaser, the removal from the park of such mobile home unless the mobile home is less than 12 feet wide or is significantly deteriorated and in substantial disrepair, in which case the park owner shall bear the burden of demonstrating such fact and must, prior to sale, have given the tenant written notice thereof, and that unless first corrected, removal will be required upon sale.
(Source: P.A. 85-998.)

 

 

    (765 ILCS 745/25) (from Ch. 80, par. 225)
   Sec. 25. Meetings of Tenants. Meetings by tenants relating to mobile home living shall not be subject to prohibition by the park owner if such meetings are held at reasonable hours and when facilities are available and not otherwise in use.
(Source: P.A. 81-637.)

 

 

    (765 ILCS 745/26) (from Ch. 80, par. 226)
   Sec. 26. This Act shall be cited as the "Mobile Home Landlord and Tenant Rights Act".
(Source: P.A. 83-1083.)

(765 ILCS 750/) Safe Homes Act.

 

 

    (765 ILCS 750/1)
   Sec. 1. Short title. This Act may be cited as the Safe Homes Act.
(Source: P.A. 94-1038, eff. 1-1-07.)

 

 

    (765 ILCS 750/5)
   Sec. 5. Purpose. The purpose of this Act is to promote the State's interest in reducing domestic violence, dating violence, sexual assault, and stalking by enabling victims of domestic or sexual violence and their families to flee existing dangerous housing in order to leave violent or abusive situations, achieve safety, and minimize the physical and emotional injuries from domestic or sexual violence, and to reduce the devastating economic consequences thereof.
(Source: P.A. 94-1038, eff. 1-1-07.)

 

 

    (765 ILCS 750/10)
   Sec. 10. Definitions. For purposes of this Act:
   "Domestic violence" means "abuse" as defined in Section 103 of the Illinois Domestic Violence Act of 1986 by a "family or household member" as defined in Section 103 of the Illinois Domestic Violence Act of 1986.
   "Landlord" means the owner of a building or the owner's agent with regard to matters concerning landlord's leasing of a dwelling.
   "Sexual violence" means any act of sexual assault, sexual abuse, or stalking of an adult or minor child, including but not limited to non-consensual sexual conduct or non-consensual sexual penetration as defined in the Civil No Contact Order Act and the offenses of stalking, aggravated stalking, criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, and aggravated criminal sexual abuse as those offenses are described in the Criminal Code of 2012.
   "Tenant" means a person who has entered into an oral or written lease with a landlord whereby the person is the lessee under the lease.
(Source: P.A. 97-1150, eff. 1-25-13.)

 

 

    (765 ILCS 750/15)
   Sec. 15. Affirmative defense.
   (a) In any action brought by a landlord against a tenant to recover rent for breach of lease, a tenant shall have an affirmative defense and not be liable for rent for the period after which a tenant vacates the premises owned by the landlord, if by preponderance of the evidence, the court finds that:
       (1) at the time that the tenant vacated the premises,    

the tenant or a member of tenant's household was under a credible imminent threat of domestic or sexual violence at the premises; and

        (2) the tenant gave written notice to the landlord

    

prior to or within 3 days of vacating the premises that the reason for vacating the premises was because of a credible imminent threat of domestic or sexual violence against the tenant or a member of the tenant's household.

    (b) In any action brought by a landlord against a tenant to recover rent for breach of lease, a tenant shall have an affirmative defense and not be liable for rent for the period after which the tenant vacates the premises owned by the landlord, if by preponderance of the evidence, the court finds that:
       (1) a tenant or a member of tenant's household was a

    

victim of sexual violence on the premises that is owned or controlled by a landlord and the tenant has vacated the premises as a result of the sexual violence; and

        (2) the tenant gave written notice to the landlord

    

prior to or within 3 days of vacating the premises that the reason for vacating the premises was because of the sexual violence against the tenant or member of the tenant's household, the date of the sexual violence, and that the tenant provided at least one form of the following types of evidence to the landlord supporting the claim of the sexual violence: medical, court or police evidence of sexual violence; or statement from an employee of a victim services or rape crisis organization from which the tenant or a member of the tenant's household sought services; and

        (3) the sexual violence occurred not more than 60

    

days prior to the date of giving the written notice to the landlord, or if the circumstances are such that the tenant cannot reasonably give notice because of reasons related to the sexual violence, such as hospitalization or seeking assistance for shelter or counseling, then as soon thereafter as practicable. Nothing in this subsection (b) shall be construed to be a defense against an eviction action for failure to pay rent before the tenant provided notice and vacated the premises.

    (c) Nothing in this Act shall be construed to be a defense against an action for rent for a period of time before the tenant vacated the landlord's premises and gave notice to the landlord as required in subsection (b).
(Source: P.A. 100-173, eff. 1-1-18.)

 

 

    (765 ILCS 750/20)
   Sec. 20. Change of locks.
   (a)(1) Written leases. Upon written notice from all tenants who have signed as lessees under a written lease, the tenants may request that a landlord change the locks of the dwelling unit in which they live if one or more of the tenants reasonably believes that one of the tenants or a member of tenant's household is under a credible imminent threat of domestic or sexual violence at the premises. If the threat of violence is from a person who is not a lessee under the written lease, notice to the landlord requesting a change of locks shall be accompanied by at least one form of the following types of evidence to support a claim of domestic or sexual violence: medical, court or police evidence of domestic or sexual violence; or a statement from an employee of a victim services, domestic violence, or rape crisis organization from which the tenant or a member of the tenant's household sought services. If the threat of violence is from a person who is a lessee under a written lease, notice to the landlord requesting a change of locks shall be accompanied by a plenary order of protection pursuant to Section 219 of the Illinois Domestic Violence Act of 1986 or Section 112A-19 of the Code of Criminal Procedure of 1963, or a plenary civil no contact order pursuant to Section 215 of the Civil No Contact Order Act, granting the tenant exclusive possession of the premises. The tenant requesting a change of locks shall not be required to obtain written notice from the person posing a threat who is a lessee under the written lease, provided that the notice is accompanied by a plenary order of protection or a plenary civil no contact order granting the tenant exclusive possession of the premises.
   (2) Oral leases. Upon written notice from all tenants who are lessees under an oral lease, the tenants may request that a landlord change the locks of the dwelling unit in which they live if one or more of the tenants reasonably believes that one of the tenants or a member of tenant's household is under a credible imminent threat of domestic or sexual violence at the premises. Notice to the landlord requesting a change of locks shall be accompanied by a plenary order of protection pursuant to Section 219 of the Illinois Domestic Violence Act of 1986 or Section 112A-19 of the Code of Criminal Procedure of 1963, or a plenary civil no contact order pursuant to Section 215 of the Civil No Contact Order Act, granting the tenant exclusive possession of the premises. The tenant requesting a change of locks shall not be required to obtain written notice from the person posing a threat who is a lessee under the oral lease, provided that the notice is accompanied by a plenary order of protection or a plenary civil no contact order granting the tenant exclusive possession of the premises.
   (b) Once a landlord has received notice of a request for change of locks and has received one form of evidence referred to in Section (a) above, the landlord shall, within 48 hours, change the locks or give the tenant the permission to change the locks. If the landlord changes the locks, the landlord shall make a good faith effort to give a key to the new locks to the tenant as soon as possible or not more than 48 hours of the locks being changed.
       (1) The landlord may charge a fee for the expense of    

changing the locks. That fee must not exceed the reasonable price customarily charged for changing a lock.

        (2) If a landlord fails to change the locks within 48

    

hours after being provided with the notice and evidence referred to in (a) above, the tenant may change the locks without the landlord's permission. If the tenant changes the locks, the tenant shall make a good faith effort to give a key to the new locks to the landlord within 48 hours of the locks being changed. In the case where a tenant changes the locks without the landlord's permission, the tenant shall do so in a workmanlike manner with locks of similar or better quality than the original lock.

    (c) The landlord who changes locks or allows the change of locks under this Act shall not be liable to any third party for damages resulting from a person being unable to access the dwelling.
(Source: P.A. 94-1038, eff. 1-1-07; 95-378, eff. 8-23-07.)

 

 

    (765 ILCS 750/25)
   Sec. 25. Penalty for violation of lock-change provisions.
   (a) If a landlord takes action to prevent the tenant who has complied with Section 20 of this Act from changing his or her locks, the tenant may seek a temporary restraining order, preliminary injunction, or permanent injunction ordering the landlord to refrain from preventing the tenant from changing the locks. A tenant who successfully brings an action pursuant to this Section may be awarded reasonable attorney's fees and costs.
   (b) A tenant who changes locks and does not make a good faith effort to provide a copy of a key to the landlord within 48 hours of the tenant changing the locks, shall be liable for any damages to the dwelling or the building in which the dwelling is located that could have been prevented had landlord been able to access the dwelling unit in the event of an emergency.
   (b-1) A landlord who changes the locks and does not make a good faith effort to provide a copy of a key to the tenant within 48 hours of the landlord changing the locks shall be liable for any damages to the tenant incurred as a result of not having access to his or her unit.
   (c) The remedies provided to landlord and tenant under this Section 25 shall be sole and exclusive for violations of the lock-change provisions of this Act.
(Source: P.A. 94-1038, eff. 1-1-07; 95-378, eff. 8-23-07; 95-999, eff. 10-6-08.)

 

 

    (765 ILCS 750/27)
   Sec. 27. Nondisclosure, confidentiality, and privilege.
   (a) A landlord may not disclose to a prospective landlord (1) that a tenant or a member of tenant's household exercised his or her rights under the Act, or (2) any information provided by the tenant or a member of tenant's household in exercising those rights.
   (b) The prohibition on disclosure under subsection (a) shall not apply in civil proceedings brought under this Act, or if such disclosure is required by law.
   (c) A tenant or a member of tenant's household, who is the victim of domestic or sexual violence or is the parent or legal guardian of the victim of domestic or sexual violence, may waive the prohibition on disclosure under subsection (a) by consenting to the disclosure in writing.
   (d) Furnishing evidence to support a claim of domestic or sexual violence against a tenant or a member of tenant's household pursuant to Section 15 or 20 shall not waive any confidentiality or privilege that may exist between the victim of domestic or sexual violence and a third party.
(Source: P.A. 95-999, eff. 10-6-08.)

 

 

    (765 ILCS 750/29)
   Sec. 29. Nondisclosure violation penalty. A landlord who, in violation of Section 27, discloses that a tenant has exercised his or her rights under the Act, or discloses any information provided by the tenant in exercising those rights, shall be liable for actual damages up to $2,000 resulting from the disclosure. A tenant who successfully brings an action pursuant to this Section may be awarded reasonable attorney's fees and costs.
(Source: P.A. 95-999, eff. 10-6-08.)

 

 

    (765 ILCS 750/30)
   Sec. 30. Prohibition of waiver or modification. The provisions of this Act may not be waived or modified in any lease or separate agreement.
(Source: P.A. 94-1038, eff. 1-1-07.)

 

 

    (765 ILCS 750/35)
   Sec. 35. Public housing excluded. This Act does not apply to public housing, assisted under the United States Housing Act of 1937, as amended, 42 U.S.C. 1437 et seq., and its implementing regulations, with the exception of the tenant-based Housing Choice Voucher program. Public housing includes dwelling units in mixed-finance projects that are assisted through a public housing authority's capital, operating, or other funds.
(Source: P.A. 94-1038, eff. 1-1-07.)

(765 ILCS 755/) Immigrant Tenant Protection Act.

 

 

    (765 ILCS 755/1)
   Sec. 1. Short title. This Act may be cited as the Immigrant Tenant Protection Act.
(Source: P.A. 101-439, eff. 8-21-19.)

 

 

    (765 ILCS 755/5)
   Sec. 5. Definitions. In this Act:
   "Dwelling unit" means a room or suite of rooms, a manufactured home rental unit or lot as defined in Section 3 of the Mobile Home Landlord and Tenant Rights Act, or other residential real estate used for human habitation, and for which a landlord and a tenant have a written or oral lease agreement.
   "Immigration or citizenship status" includes a person's actual or perceived immigration status or citizenship status.
   "Landlord" means the owner, agent, lessor, or sublessor, or the successor in interest of any of them, of a dwelling unit, or the building of which it is part, and any person authorized to exercise any aspect of the management of the premises, including any person who directly or indirectly receives rents and has no obligation to deliver the whole of the receipts to another person. "Landlord" includes the owner of a mobile home park.
   "Tenant" means a person entitled by written or oral agreement, subtenancy approved by the landlord or by sufferance, or law to occupy a dwelling unit to the exclusion of others.
(Source: P.A. 101-439, eff. 8-21-19.)

 

 

    (765 ILCS 755/10)
   Sec. 10. Prohibited conduct.
   (a) This Section does not prohibit a landlord from complying with any legal obligation under federal, State, or local law, including, but not limited to, any legal obligation under any government program that provides for rent limitations or rental assistance to a qualified tenant or a subpoena, warrant, or other court order.
   (b) This Section does not prohibit a landlord from requesting information or documentation necessary to determine or verify the financial qualifications of a prospective tenant.
   (c) This Section does not prohibit a landlord from delivering to the tenant an oral or written notice regarding conduct by the tenant that violates, may violate, or has violated an applicable rental agreement, including the lease or any rule, regulation, or law.
   (d) This Section does not enlarge or diminish a landlord's right to terminate a tenancy pursuant to existing State or local law, nor does this Act enlarge or diminish the ability of a unit of local government to regulate or enforce a prohibition against a landlord's harassment of a tenant.
   (e) Nothing in this Section prevents a landlord from seeking to collect rent due under the lease agreement.
   (f) Except as otherwise provided in this Section, a landlord shall not:
       (1) unless required by law or court order, 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) unless required by law or court order, bring an

    

action to recover possession of a dwelling unit based solely or in part on the immigration or citizenship status of a tenant.

    (g) Any waiver of a right under this Act by a tenant is void as a matter of public policy.
(Source: P.A. 101-439, eff. 8-21-19.)

 

 

    (765 ILCS 755/15)
   Sec. 15. Remedies.
   (a) If a landlord engages in prohibited conduct described in subsection (f) of Section 10 against a tenant, the tenant may bring a civil action to seek any one or more of the following remedies:
       (1) actual damages, as reasonably determined by the    

court, for injury or loss suffered;

        (2) a civil penalty in an amount not to exceed $2,000

    

for each violation, payable to the tenant;

        (3) reasonable attorney's fees and court costs; and
       (4) other equitable relief as the court may deem

    

appropriate and just.

    (b) The immigration or citizenship status of any person is irrelevant to any issue of liability or remedy in a civil action involving a tenant's housing rights. In proceedings or discovery undertaken in a civil action involving a tenant's housing rights, no inquiry shall be permitted into the tenant's immigration or citizenship status, except if:
       (1) unless otherwise provided in subsection (c), the

    

claims or defenses raised by the tenant place the person's immigration or citizenship status directly in contention; or

        (2) the person seeking to make the inquiry

    

demonstrates by clear and convincing evidence that the inquiry is necessary in order to comply with federal law.

    (c) The assertion of an affirmative defense to an eviction action under Section 9-106.3 of the Code of Civil Procedure does not constitute cause for discovery or other inquiry into a person's immigration or citizenship status.
(Source: P.A. 101-439, eff. 8-21-19.)

 

 

    (765 ILCS 755/97)
   Sec. 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.
(Source: P.A. 101-439, eff. 8-21-19.)

 

 

    (765 ILCS 755/905)
   Sec. 905. (Amendatory provisions; text omitted).
(Source: P.A. 101-439, eff. 8-21-19; text omitted.)

 

 

    (765 ILCS 755/910)
   Sec. 910. (Amendatory provisions; text omitted).
(Source: P.A. 101-439, eff. 8-21-19; text omitted.)

 

 

    (765 ILCS 755/999)
   Sec. 999. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 101-439, eff. 8-21-19.)