Full Text of HB4388 93rd General Assembly
HB4388 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4388
Introduced 02/03/04, by Larry McKeon SYNOPSIS AS INTRODUCED: |
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Creates the Residential Landlord-Tenant Act. Applies to residential tenancies. Contains provisions regarding: creation of tenancies; rights and responsibilities of landlords and tenants; the rights of tenants to organize; changes in the terms of tenancies; termination of tenancies; security deposits; and other matters.
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A BILL FOR
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HB4388 |
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| AN ACT concerning residential tenancies.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS | 5 |
| Section 1-1. Short title. This Act may be cited as the | 6 |
| Residential Landlord-Tenant Act. | 7 |
| Section 1-5. Application. This Act applies to, regulates, | 8 |
| and determines rights, obligations, and remedies under a | 9 |
| residential lease, wherever made, for a dwelling place located | 10 |
| within this State. | 11 |
| Section 1-10. Exclusions. Unless created to avoid the | 12 |
| application of this Act, the following arrangements are not | 13 |
| governed by this Act: | 14 |
| (1) occupancy in an emergency and transitional shelter that | 15 |
| provides no more than 120 days of housing without rent being | 16 |
| paid; | 17 |
| (2) occupancy of less than 30 consecutive days in a hotel | 18 |
| subject to the Hotel Operators' Occupation Tax Act; | 19 |
| (3) residence at an institution if that residence is | 20 |
| incidental to the provision of medical, geriatric, | 21 |
| educational, counseling, religious, or similar services; | 22 |
| (4) occupancy under a contract for sale of a dwelling unit | 23 |
| or the property of which it is a part, if the occupant is the | 24 |
| purchaser or the person who succeeds to the purchaser's | 25 |
| interest; | 26 |
| (5) occupancy by an owner of a condominium unit or a holder | 27 |
| of a proprietary lease in a cooperative; and | 28 |
| (6) residential relationships governed by the Mobile Home | 29 |
| Landlord and Tenant Rights Act. |
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| Section 15. Definitions. As used in this Act: | 2 |
| "Tenant" means a person entitled by written or oral lease | 3 |
| to occupy a dwelling place. | 4 |
| "Landlord" means the owner, agent, employee, lessor, | 5 |
| sublessor, or the successor in interest of any of them of a | 6 |
| dwelling place or the building of which the dwelling place is a | 7 |
| part. | 8 |
| "Owner" means one or more persons, jointly or severally, in | 9 |
| whom is vested all or part of the legal title to property, or | 10 |
| all or part of the beneficial ownership and a right to present | 11 |
| use and enjoyment of the premises, including a mortgagee in | 12 |
| possession. | 13 |
| "Dwelling place" means a structure or the part of a | 14 |
| structure that is used as a home, residence, or sleeping place | 15 |
| by one or more persons who maintain a household, together with | 16 |
| the common areas, land, and appurtenant buildings and all | 17 |
| housing services, privileges, furnishings, and facilities | 18 |
| supplied in connection with its use or occupancy including | 19 |
| garage and parking facilities. | 20 |
| "Rent" means any consideration, including any payment, | 21 |
| bonus, benefit, or gratuity demanded or received by a landlord | 22 |
| for or in connection with the use or occupancy of a dwelling | 23 |
| unit, but excluding security deposits, late fees, charges | 24 |
| associated with damage caused by the tenant, utility payments, | 25 |
| and any other irregular or conditional charges. | 26 |
| ARTICLE 2. CREATION OF TENANCY | 27 |
| Section 2-5. Application fees. The landlord shall not | 28 |
| charge any application fee except for the actual cost of | 29 |
| running a credit report. If a landlord chooses not to rent to | 30 |
| an applicant because of information contained on a credit | 31 |
| report, the landlord shall provide the notice required by the | 32 |
| federal Fair Credit Reporting Act. | 33 |
| Section 2-10. Written lease agreements. |
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| (a) Any lease provision in conflict with the provisions of | 2 |
| this Act is void. | 3 |
| (b) If the landlord and tenant enter into a written lease, | 4 |
| the landlord must tender to the tenant a copy of the lease | 5 |
| within 10 days of its execution. If the landlord fails to | 6 |
| tender the lease to the tenant within the 10-day period, the | 7 |
| lease is voidable by the tenant in whole or in part. | 8 |
| (c) All written leases must be in the language used by the | 9 |
| landlord to negotiate the lease. A written lease that does not | 10 |
| comply with this term is unenforceable by the landlord. A | 11 |
| landlord who employees a translator shall use a lease written | 12 |
| in the language spoken between the translator and the | 13 |
| prospective tenant. | 14 |
| (d) If the landlord accepts a deposit and holds the deposit | 15 |
| for more than 10 days without entering into a lease, the payor | 16 |
| of the deposit may at his or her election deem to have entered | 17 |
| into a lease with the landlord for the rent amount and the | 18 |
| rental period negotiated prior to acceptance of a security | 19 |
| deposit. All other terms of the lease are limited to the terms | 20 |
| of this Act. In the alternative, the tenant may elect not to | 21 |
| rent from the landlord and may collect damages for the | 22 |
| landlord's failure to return the deposit in the amount of 3 | 23 |
| times the deposit plus attorney's fees and costs. | 24 |
| (e) A written lease may not include a provision in which | 25 |
| the tenant confesses judgment or waives the right to trial by | 26 |
| jury. | 27 |
| (f) The following summary of this Act shall be attached to | 28 |
| all written leases and tendered to the tenant at the time of | 29 |
| execution of any oral lease: | 30 |
| "SUMMARY OF ILLINOIS' | 31 |
| RESIDENTIAL LANDLORD-TENANT ACT | 32 |
| As a residential tenant, State laws control many of your | 33 |
| rights and responsibilities. This is a summary of one of the | 34 |
| most comprehensive laws that speaks to many common problems |
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| faced by tenants and their landlords. More details are in the | 2 |
| Act itself. | 3 |
| Application Fees: Landlords may not charge tenants | 4 |
| application fees, but may charge tenants for the actual cost of | 5 |
| a credit check. | 6 |
| Written Leases: You do not need to have a written lease. If | 7 |
| you do, it must be in the language your landlord used to | 8 |
| negotiate the lease, and your landlord must give you a copy | 9 |
| within 10 days of when you signed it. | 10 |
| Landlord Identification: When you agree to lease an | 11 |
| apartment, your landlord must tell you the name, street | 12 |
| address, and phone number of the people: | 13 |
| -responsible for making repairs; | 14 |
| -collecting rent; and | 15 |
| -receiving court papers in a lawsuit. | 16 |
| Security Deposit Amount: Your security deposit cannot be | 17 |
| larger than one month's rent payment. Every year your landlord | 18 |
| must pay you interest on that deposit. | 19 |
| Inventory Checklists: Both when you move in and when you | 20 |
| move out, you and your landlord must create an inventory | 21 |
| checklist detailing the condition of the apartment. | 22 |
| Tenant Responsibilities: As a tenant you must: | 23 |
| -comply with building, housing or fire codes affecting | 24 |
| health and safety; | 25 |
| -keep the apartment reasonably clean; | 26 |
| -appropriately dispose of garbage; | 27 |
| -use all appliances appropriately; and | 28 |
| -respect your neighbors' right to live undisturbed in | 29 |
| their own dwellings. | 30 |
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Damage You Cause: If you damage your apartment, your | 31 |
| landlord will: | 32 |
| (1) give you written notice asking you to discuss the cause | 33 |
| of the damage and how to make the repair; and | 34 |
| (2) if you cannot work out a way to repair the damage with | 35 |
| your landlord, the landlord will repair it and give you 30 days | 36 |
| to pay back the cost of repair. |
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| Landlord Responsibilities: Your landlord must: | 2 |
| -comply with building and housing codes affecting | 3 |
| health and safety; | 4 |
| -make repairs in a timely manner; | 5 |
| -keep the common areas in a clean and safe condition; | 6 |
| -supply running water and reasonable amounts of hot | 7 |
| water; | 8 |
| -supply heat at 68 degrees Fahrenheit from September | 9 |
| 15th to June 1st; and | 10 |
| -provide you with written receipts. | 11 |
| Conditions Problems: If your landlord fails to keep the | 12 |
| apartment in the required condition, you may give the landlord | 13 |
| 10 days written notice of the problem. If the landlord does not | 14 |
| substantially fix the problem in those 10 days: | 15 |
| (1) you may get an estimate of the cost to repair the | 16 |
| defect in the unit; | 17 |
| (2) if the estimate for the repair is less than one month's | 18 |
| rent, you may pay for the repair yourself, and take the amount | 19 |
| you spent out of your rent payment; or | 20 |
| (3) if the estimate is for more than one month's rent, you | 21 |
| may withhold 50% of your rent until the problem is | 22 |
| substantially repaired. | 23 |
| Essential Services: If the landlord is responsible for you | 24 |
| not having sufficient heat, running water, hot water, electric, | 25 |
| gas, or other basic shelter service, you may tell the landlord | 26 |
| of the problem. The next day, if the problem is not fixed, you | 27 |
| may: | 28 |
| (1) withhold all your rent; and | 29 |
| (2) get the essential service on your own and bill the | 30 |
| landlord for the cost. | 31 |
| If the problem is not fixed in 72 hours, you may tell the | 32 |
| landlord that you are ending the lease and leave the property | 33 |
| at your convenience. | 34 |
| Right to Organize: You have a right to organize a tenant | 35 |
| organization and to participate in such an organization. Your | 36 |
| landlord must also give such an organization access to existing |
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| common areas. | 2 |
| Landlord's Right of Entry: Your landlord may enter your | 3 |
| unit without advance notice to respond to an emergency. | 4 |
| Otherwise, your landlord may enter your unit for maintenance, | 5 |
| repair, inspection, or showing to a prospective tenant, but | 6 |
| only after giving you 48 hours notice. | 7 |
| Lockout Prohibited: You may not be locked out of your unit. | 8 |
| Only a Sheriff can evict you. If your landlord makes your | 9 |
| apartment unlivable to try to get you to leave, that may also | 10 |
| be a prohibited lockout. | 11 |
| Fees in Addition to Rent: Your landlord may charge you for | 12 |
| fees in addition to rent only if: | 13 |
| (1) the fee was disclosed to you in a lease, and separately | 14 |
| initialed by you; | 15 |
| (2) the fee is not for maintenance; and | 16 |
| (3) the fee is not in excess of the actual cost paid by the | 17 |
| landlord. | 18 |
| Rent increase: Your landlord cannot raise your rent until | 19 |
| the end of your lease. In order to do so, your landlord must | 20 |
| give you written notice of the intent to raise your rent. Your | 21 |
| landlord must give you: | 22 |
| -30 days notice for an increase of 5% or less; | 23 |
| -60 days notice for an increase of more than 5% but not | 24 |
| more than 10%; or | 25 |
| -90 days for an increase of more than 10%. | 26 |
| A landlord cannot raise the rent if the landlord has been | 27 |
| cited for 10 or more violations of your locality's building | 28 |
| code, until those violations are repaired. | 29 |
| Right to Sublease: Your landlord must accept a reasonable | 30 |
| sublease. | 31 |
| Return of Security Deposit: If your landlord is not seeking | 32 |
| to have you pay for damage to the unit, and if you do not owe | 33 |
| rent, your landlord must return your security deposit within 10 | 34 |
| days of when you tell your landlord you left the apartment. | 35 |
| Prohibition on Retaliation: Your landlord may not | 36 |
| retaliate if you take certain actions in good faith, including: |
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| -reporting code violations; | 2 |
| -requesting repairs; or | 3 |
| -testifying in court." | 4 |
| Section 2-15. Unconscionability. | 5 |
| (a) If the court finds: | 6 |
| (1) A lease or any provision thereof is unconscionable | 7 |
| when made, the court shall refuse to enforce the agreement, | 8 |
| enforce the remainder of the agreement without the | 9 |
| unconscionable provision, or limit the application of any | 10 |
| unconscionable provision to avoid an unconscionable | 11 |
| result. | 12 |
| (2) A settlement is unconscionable, the court shall | 13 |
| refuse to enforce the settlement, enforce the remainder of | 14 |
| the settlement without the unconscionable provision, or | 15 |
| limit the application of any unconscionable provision to | 16 |
| avoid an unconscionable result. | 17 |
| (b) If unconscionability is put into issue by a party or by | 18 |
| the court upon its own
motion, the parties shall be afforded a | 19 |
| reasonable opportunity to present evidence as to
the setting, | 20 |
| purpose, and effect of the lease or settlement to aid the court | 21 |
| in making the determination. | 22 |
| Section 2-20. Agents. | 23 |
| (a) At the same time as the creation of either a written or | 24 |
| oral lease, a landlord must provide the tenant in writing with | 25 |
| the name, street address, and phone number for the individual | 26 |
| responsible for making repairs to the unit, for collecting | 27 |
| rent, and for receipt of process. It is insufficient to provide | 28 |
| a post office box address for receipt of process. | 29 |
| (b) If the landlord fails to provide this notice, the | 30 |
| tenant may withhold rent until such time as the notice is | 31 |
| provided. | 32 |
| (c) If the dwelling place is purchased by a new owner, the | 33 |
| new owner must serve the notice required by subsection (a) of | 34 |
| this Section on the tenant, along with written notice that |
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| title to the dwelling place has passed to the new owner. Until | 2 |
| the notice is served, the tenant may withhold rent. | 3 |
| Section 2-25. Security deposits. | 4 |
| (a) A landlord shall neither demand nor receive a security | 5 |
| deposit in excess of one month's rent. | 6 |
| (b) All security deposits shall be held in a federally | 7 |
| insured interest-bearing account in a bank, savings and loan | 8 |
| association, or other financial institution located in this | 9 |
| State. A security deposit and all interest earned thereon | 10 |
| remains the property of the tenant. The security deposit may | 11 |
| not be commingled with the assets of the landlord and shall not | 12 |
| be subject to the claims of any creditor of the landlord or of | 13 |
| the landlord's successor in interest, including a foreclosing | 14 |
| mortgagee or trustee in bankruptcy. | 15 |
| (c) Within 30 days of the end of each 12 month rental | 16 |
| period, the landlord shall directly pay interest to the tenant | 17 |
| computed from the date of the deposit, or the last date for | 18 |
| which interest was paid, at a rate equal to the interest paid | 19 |
| by the largest commercial bank, as measured by total assets, | 20 |
| having its main banking premises in this State on minimum | 21 |
| deposit passbook savings accounts as of December 31 of the | 22 |
| calendar year immediately preceding the end of the 12 month | 23 |
| period. | 24 |
| (d) If the landlord violates this Section, the tenant may | 25 |
| file suit and shall be entitled to damages in the amount of 2 | 26 |
| times the security deposit, plus interest, reasonable | 27 |
| attorneys' fees, and costs.
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| Section 2-30. Inventory checklists. | 29 |
| (a) Prior to or during the tenancy, the landlord shall | 30 |
| create an inventory checklist with the tenant detailing the | 31 |
| condition of the dwelling place. Concurrently, the landlord | 32 |
| shall supply a copy of any checklists completed with the | 33 |
| previous tenant to the new tenant. The checklist shall detail | 34 |
| the condition of all items in the unit owned by the landlord, |
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| including, but not limited to, carpeting, draperies, | 2 |
| appliances, windows, furniture, walls, closets, shelves, | 3 |
| paint, doors, plumbing fixtures, and electrical fixtures. The | 4 |
| checklist shall be signed by the landlord and the tenant. | 5 |
| (b) Any damage to the dwelling place existing prior to | 6 |
| creation of the inventory checklist shall be presumed to have | 7 |
| existed prior to occupancy by the current tenant, absent clear | 8 |
| and convincing evidence to the contrary. | 9 |
| (c) The landlord must provide the tenant with a copy of the | 10 |
| tenant's checklist within 10 days of completing the checklist. | 11 |
| ARTICLE 3. TENANCY | 12 |
| Section 3-5. Tenant responsibilities. A tenant: | 13 |
| (1) shall comply with all obligations primarily imposed | 14 |
| upon tenants by applicable provisions of any building, housing | 15 |
| or fire code materially affecting health and safety; | 16 |
| (2) shall keep the part of the premises that the tenant | 17 |
| occupies and uses reasonably clean, within the limits imposed | 18 |
| by the condition of the premises; | 19 |
| (3) shall dispose of ashes, rubbish, garbage, and other | 20 |
| waste from the dwelling unit in a clean and safe manner; | 21 |
| (4) shall keep all plumbing in the dwelling unit or used by | 22 |
| the tenant reasonably clean, within the limits imposed by the | 23 |
| condition of the fixtures; | 24 |
| (5) shall use in a reasonable manner all electrical, | 25 |
| plumbing, sanitary, heating, ventilating, air-conditioning, | 26 |
| kitchen, and other facilities and appliances including | 27 |
| elevators in the premises; | 28 |
| (6) shall not deliberately or wantonly destroy, deface, | 29 |
| damage, impair, or remove a part of the premises or knowingly | 30 |
| permit any person to do so; | 31 |
| (7) shall not unreasonably disturb or permit others on the | 32 |
| premises with the tenant's consent to unreasonably disturb a | 33 |
| neighbor's peaceful enjoyment of the premises; and | 34 |
| (8) shall not change the locks on the doors, except in case |
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| of emergency. In case of emergency, the tenant may change the | 2 |
| locks and, within 72 hours, shall give the landlord notice that | 3 |
| the locks have been changed and provide the landlord with keys | 4 |
| to all changed locks. If the emergency is caused by the | 5 |
| landlord's access to the unit, and if the tenant is terminating | 6 |
| the tenancy pursuant to Section 3-25, then the tenant may | 7 |
| refuse to turn over the new keys until after tenant has vacated | 8 |
| the unit. | 9 |
| A violation of this Section shall be remedied in accordance | 10 |
| with Section 3-15 or by an action to evict the tenant. | 11 |
| Section 3-10. Tenants' right to organize. | 12 |
| (a) Tenants shall have the right to organize and operate | 13 |
| independent tenant organizations for the purpose of addressing | 14 |
| issues related to their living environment, including but not | 15 |
| limited to the terms and conditions of their tenancy. | 16 |
| (b) In a building or development with 6 or more dwelling | 17 |
| places, a landlord may not interfere with a tenant's access to | 18 |
| existing common areas for meetings or interfere with reasonable | 19 |
| means of tenant communication between tenants or organizations | 20 |
| working with those tenants, including posting notices, | 21 |
| leafleting, and canvasing. | 22 |
| (c) A landlord may not interfere with outside organizers or | 23 |
| community organizations working with tenants exercising their | 24 |
| right to organize. | 25 |
| (d) A landlord may not attend tenant organization meetings, | 26 |
| except at the request of the tenant organization. | 27 |
| (e) If the landlord violates this Section, an injured | 28 |
| individual or organization may file a lawsuit and shall be | 29 |
| entitled to injunctive relief, actual monetary damages, a | 30 |
| penalty in the amount of twice the average monthly rent paid by | 31 |
| tenants in the building where the organizational activities | 32 |
| were intended to occur, and reasonable attorney's fees and | 33 |
| court costs. | 34 |
| (f) Protected activities include, but are not limited to, | 35 |
| the following: |
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| (1) distributing leaflets in lobby areas; | 2 |
| (2) placing leaflets at or under tenants' doors; | 3 |
| (3) distributing leaflets in common areas; | 4 |
| (4) conducting door to door surveys of tenants to | 5 |
| ascertain interest in establishing a tenant organization | 6 |
| and to offer information about tenant organizations or | 7 |
| tenant rights; | 8 |
| (5) initiating reasonable contact with tenants; | 9 |
| (6) posting information within the building; | 10 |
| (7) assisting tenants in tenant organization | 11 |
| activities; and | 12 |
| (8) convening regularly scheduled tenant organization | 13 |
| meetings in a space on site and accessible to tenants and | 14 |
| in a manner that is fully independent of management | 15 |
| representatives. In order to preserve the independence of | 16 |
| tenant organizations, management representatives may not | 17 |
| attend the meetings unless invited by the tenant | 18 |
| organization to discuss a specific issue. | 19 |
| Section 3-15. Damage caused by the tenant. | 20 |
| (a) If a tenant damages the tenant's rental unit beyond the | 21 |
| normal wear and tear of the unit, the landlord shall: | 22 |
| (1) Within 10 days of learning of the damage, give the | 23 |
| tenant written notice of the alleged damage, advising the | 24 |
| tenant of the tenant's right to discuss the cause of the damage | 25 |
| and the remedy for the damage with the landlord. | 26 |
| (2) If no arrangement is reached between the landlord and | 27 |
| tenant within 10 days of receipt of the written notice, give | 28 |
| the tenant written notice of the landlord's demand for | 29 |
| repayment for the cost of repair of the unit. The demand for | 30 |
| repayment shall include copies of all receipts for repair work | 31 |
| to the premises. The landlord shall allow the tenant 30 days | 32 |
| from the date of the receipt of the landlord's demand to pay | 33 |
| for the repairs. | 34 |
| (b) If the tenant pays the landlord the amount demanded, | 35 |
| the landlord may not terminate the tenancy for the damage |
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| caused. | 2 |
| (c) If the tenant fails to pay the amount demanded, the | 3 |
| landlord may serve the tenant with a notice of termination of | 4 |
| tenancy in accordance with Section 6-5 and Article IX of the | 5 |
| Code of Civil Procedure. | 6 |
| (d) If after serving notice of termination the landlord | 7 |
| files an eviction action, and the finder of fact determines | 8 |
| that the damages for which the landlord sought recovery | 9 |
| amounted only to reasonable wear and tear, the landlord shall | 10 |
| pay the tenant for all of the tenant's reasonable attorney's | 11 |
| fees and costs incurred defending the suit. | 12 |
| Section 3-20. Landlord's responsibilities. | 13 |
| (a) A landlord shall: | 14 |
| (1) comply with the requirements of applicable | 15 |
| building and housing codes materially affecting health and | 16 |
| safety; | 17 |
| (2) make all repairs and do whatever is necessary to | 18 |
| put and keep the premises in a fit and habitable condition, | 19 |
| including extermination and snow and ice removal, in a | 20 |
| timely manner; | 21 |
| (3) keep all common areas of the premises in a clean | 22 |
| and safe condition; | 23 |
| (4) maintain in good and safe working condition all | 24 |
| electrical, plumbing, sanitary, heating, ventilating, | 25 |
| air-conditioning, and other facilities and appliances, | 26 |
| including elevators, supplied or required to be supplied by | 27 |
| the landlord; | 28 |
| (5) provide and maintain appropriate receptacles for | 29 |
| the removal of ashes, garbage, rubbish, and other waste | 30 |
| incidental to the occupancy of the dwelling unit and | 31 |
| arrange for their removal; | 32 |
| (6) supply running water and reasonable amounts of hot | 33 |
| water, unless hot water is generated by an installation | 34 |
| within the exclusive control of the tenant and supplied by | 35 |
| a direct public utility connection, in which case the |
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| landlord is prohibited from interfering with the tenant's | 2 |
| procurement of hot water; | 3 |
| (7) supply heat to inhabited rooms from September 15th | 4 |
| of each year to June 1st of the succeeding year at a | 5 |
| minimum temperature of 68 degrees Fahrenheit, unless heat | 6 |
| is generated by an installation within the exclusive | 7 |
| control of the tenant and supplied by a direct public | 8 |
| utility connection, in which case the landlord is | 9 |
| prohibited from interfering with the tenant's procurement | 10 |
| of heat; | 11 |
| (8) not unreasonably interfere with the tenant's quiet | 12 |
| enjoyment of the unit; | 13 |
| (9) make security deposit records available during | 14 |
| office hours; | 15 |
| (10) provide a written receipt for any payment made by | 16 |
| the tenant or on behalf of the tenant to the landlord | 17 |
| within 10 days of receiving the payment. Each receipt shall | 18 |
| identify the amount received, the date on which the amount | 19 |
| was received, and the obligation the landlord considered | 20 |
| satisfied by the payment; and | 21 |
| (11) disclose to the tenants at the time the lease is | 22 |
| negotiated any arrangement for annual municipal | 23 |
| inspections of the dwelling unit. | 24 |
| (b) In addition to the remedies set forth in Section 3-30, | 25 |
| which apply to paragraphs (1)-(7) of subsection (a) of this | 26 |
| Section, if a landlord acts in violation of this Section a | 27 |
| tenant may, during the time that the violation continues, file | 28 |
| suit and shall be entitled to injunctive relief, actual | 29 |
| damages, reasonable attorney's fees, and costs. | 30 |
| Section 3-25. Landlord's right of entry. | 31 |
| (a) In an emergency, a landlord may enter a tenant's | 32 |
| dwelling place to the extent necessary to respond to the | 33 |
| emergency. Within 48 hours of the emergency entrance, the | 34 |
| landlord shall give written notice to the tenant of the entry | 35 |
| that discloses the actions taken. |
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| (b) If entrance is not required to respond to an emergency, | 2 |
| the landlord may enter a tenant's dwelling place only after | 3 |
| providing 48 hours notice to the tenant of the date and time | 4 |
| when the landlord will enter. Unless otherwise agreed, the | 5 |
| landlord may enter the dwelling place only between the hours of | 6 |
| 9:00 a.m. and 7:00 p.m. A landlord may enter a dwelling place | 7 |
| only for purposes of assessing or providing maintenance or | 8 |
| repair for the dwelling place, for any inspections required by | 9 |
| the lease, or to show the dwelling place to a prospective | 10 |
| renter. | 11 |
| (c) If the landlord violates this Section, the tenant may | 12 |
| file suit and shall be entitled to 2 months rent and the | 13 |
| tenant's reasonable attorney's fees and costs. | 14 |
| (d) If the landlord violates this Section twice, the tenant | 15 |
| may terminate the lease. | 16 |
| (e) If the tenant unreasonably denies the landlord entrance | 17 |
| into the dwelling place despite proper notice, the landlord may | 18 |
| file suit seeking injunctive relief and actual damages or may | 19 |
| seek possession of the dwelling place with proper notice in | 20 |
| accordance with Section 6-5 and Article IX of the Code of Civil | 21 |
| Procedure. | 22 |
| Section 3-30. Condition violation. | 23 |
| (a) If the condition of a dwelling place falls below the | 24 |
| standard required by this Act due to the action or omission of | 25 |
| the landlord and if the condition in violation of this Act was | 26 |
| not caused by the tenant, the tenant may, within 10 days of | 27 |
| learning of the violation, give the landlord written notice of | 28 |
| the alleged damage, and permit the landlord 10 days to remedy | 29 |
| the violation. | 30 |
| (b) If the violation is not substantially remedied within | 31 |
| those 10 days, the tenant may obtain an estimate of the cost of | 32 |
| repair. If the tenant fails to obtain an estimate of the cost | 33 |
| of repair, the tenant may not withhold more than one month's | 34 |
| rent to cover repair costs actually paid by the tenant, but may | 35 |
| proceed under subsection (d) of this Section so long as a |
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| reasonable person would assume that the repair cost was greater | 2 |
| than one month's rent. No estimate need be obtained to proceed | 3 |
| with the remedies for denial of an essential service. | 4 |
| (c) If the estimate of the repair is equal to or less than | 5 |
| one month's rental payment, the tenant may pay for the repair | 6 |
| and deduct the actual cost of repair and the cost of the | 7 |
| estimate from rent due. | 8 |
| (d) If the estimate of the repair is greater than one | 9 |
| month's rent, the tenant may withhold one-half of the monthly | 10 |
| rental amount in satisfaction of the tenant's rental obligation | 11 |
| until the violation is substantially repaired. In addition, the | 12 |
| tenant may deduct the cost of the estimate. | 13 |
| (e) If the estimate of the repair is greater than one | 14 |
| month's rent, and if the landlord commences repair within the | 15 |
| 10 days provided, but is unable to complete repair within that | 16 |
| time frame, the tenant may deduct one quarter of the monthly | 17 |
| rental amount in satisfaction of the tenant's rental obligation | 18 |
| until the violation is substantially repaired. However, if the | 19 |
| landlord fails to make a good faith effort to complete the | 20 |
| repairs in a timely fashion, the tenant may increase the | 21 |
| withholding to one-half of the monthly rental amount until the | 22 |
| violation is substantially repaired. | 23 |
| (f) If the violation amounts to a denial of an essential | 24 |
| service, such as failure to supply sufficient heat, running | 25 |
| water, hot water, electric, gas, or other basic shelter issue, | 26 |
| the tenant may begin withholding all of the monthly rent | 27 |
| beginning the day after the tenant gives the landlord notice of | 28 |
| the denial of the essential service. Concurrently, the tenant | 29 |
| may procure reasonable amounts of the essential service or | 30 |
| services not supplied and bill the landlord for the cost of | 31 |
| that service or deduct the cost of service from the rent. | 32 |
| (g) If the violation of the essential service continues for | 33 |
| 72 hours, the tenant may either continue with the remedies | 34 |
| specified in subsection (f) of this Section or give the | 35 |
| landlord notice that the tenant will terminate the lease and | 36 |
| vacate the property at will. |
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| Section 3-35. Prohibition of lock-out. | 2 |
| (a) A landlord shall not lock a tenant out of the tenant's | 3 |
| dwelling place. The following actions constitute a lock-out: | 4 |
| (1) plugging, changing, adding, or removing any lock or | 5 |
| latching device; | 6 |
| (2) blocking any entrance into the dwelling place; | 7 |
| (3) removing any door or window from the dwelling | 8 |
| place; | 9 |
| (4) interfering with services to the dwelling place, | 10 |
| including gas, hot or cold water, plumbing, heat, or | 11 |
| telephone service; | 12 |
| (5) removing the tenant's personal property from the | 13 |
| dwelling place; | 14 |
| (6) removing or incapacitating appliances or fixtures; | 15 |
| (7) using force or violence against a tenant; | 16 |
| (8) threatening to use force or violence against a | 17 |
| tenant; or | 18 |
| (9) any other act making the dwelling place or any part | 19 |
| of the dwelling place or any personal property of the | 20 |
| tenant in the dwelling place inaccessible or | 21 |
| uninhabitable. | 22 |
| (b) The following actions do not constitute a lock-out: | 23 |
| (1) eviction by the sheriff after a judgment for | 24 |
| possession has been obtained under Article IX of the Code | 25 |
| of Civil Procedure; | 26 |
| (2) temporary interference with possession only as | 27 |
| necessary to make needed repairs or inspection and only as | 28 |
| provided by law and with proper written notice; or | 29 |
| (3) entry after all tenants have abandoned a dwelling | 30 |
| place. | 31 |
| (c) In addition to any other remedy supplied in this Act or | 32 |
| under other law, if the landlord violates this Section, the | 33 |
| tenant may file suit and shall be entitled to both injunctive | 34 |
| relief and damages. Injunctive relief includes, but is not | 35 |
| limited to, restoration of possession of the tenant's dwelling |
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| place and personal property, restoration of utility service, | 2 |
| and relief against future interference. Damages shall be either | 3 |
| in the amount of twice the tenant's actual damages, or 6 times | 4 |
| the monthly rent for the unit, whichever is greater, plus the | 5 |
| tenant's reasonable attorney's fees and court costs. | 6 |
| Section 3-40. Fees. | 7 |
| (a) A landlord may not charge a tenant any fee in addition | 8 |
| to rent unless the fee: | 9 |
| (1) is disclosed on the lease and separately initialed | 10 |
| by the tenant; | 11 |
| (2) is not for maintenance of the dwelling place; and | 12 |
| (3) is not in excess of the actual cost born by the | 13 |
| landlord. | 14 |
| (b) A lease may not include a tenant-paid fee for late | 15 |
| payment of rent or discount for early payment of rent in excess | 16 |
| of $10 per month for the first $500 in monthly rent plus 5% per | 17 |
| month for any amount of rent in excess of $500. | 18 |
| Section 3-45. Payment of rent. When this Act permits a | 19 |
| tenant to withhold rent, the tenant's rental payment is deemed | 20 |
| paid on the date due, continuing for each date on which rent is | 21 |
| due until the condition permitting the tenant to withhold rent | 22 |
| is remedied. | 23 |
| ARTICLE 4. CHANGE IN TERMS OF TENANCY | 24 |
| Section 4-5. Rent increase. | 25 |
| (a) At the expiration of a lease term, a landlord may | 26 |
| demand any increase in rent desired subject to subsection (e) | 27 |
| and the notice requirements of this Section. | 28 |
| (b) For rent increases of 5% or less, the landlord must | 29 |
| provide 30 days written notice of the increase before the | 30 |
| increase may take effect. | 31 |
| (c) For rent increases of greater than 5% and up to 10% of | 32 |
| the rental rate, the landlord must provide 60 days written |
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| notice of the increase in rent before it may take effect. | 2 |
| (d) For rent increases of more than 10% of the rental rate, | 3 |
| the landlord must provide 90 days written notice of the | 4 |
| increase before it may take effect. | 5 |
| (e) A landlord with 10 or more existing violations of the | 6 |
| law of the locality concerning habitability, health, or safety | 7 |
| may not increase a tenant's rent until the violations have been | 8 |
| remedied. | 9 |
| Section 4-10. End of written or oral lease term. At the end | 10 |
| of the lease period, any lease for a term of greater than one | 11 |
| month shall revert to month-to-month tenancies under the same | 12 |
| terms as the expiring lease unless either the landlord or the | 13 |
| tenant gives 30 days notice of the intent to change a term in | 14 |
| the lease other than rent. | 15 |
| Section 4-15. Tenant's right to sublease. A landlord must | 16 |
| accept all reasonable sublessees offered by the tenant under | 17 |
| the same terms provided to the original tenant, provided that a | 18 |
| landlord renting a subsidized dwelling place may refuse a | 19 |
| sublease so long as the landlord complies with the terms of the | 20 |
| subsidy affecting that dwelling place. If a tenant wishes to | 21 |
| sublease the dwelling place, the tenant must pay all costs | 22 |
| associated with advertising the sublease, but the landlord | 23 |
| cannot charge the tenant a fee for subletting the dwelling | 24 |
| place. | 25 |
| Section 4-20. Landlord's duty to mitigate damages. If a | 26 |
| tenant gives notice of the tenant's intent to vacate the | 27 |
| dwelling place, or if the landlord otherwise discovers that the | 28 |
| tenant has vacated the dwelling place, the landlord shall make | 29 |
| all reasonable efforts to re-let the dwelling place for the | 30 |
| remainder of the lease period at the same lease terms. The | 31 |
| original tenant is responsible to the landlord only for those | 32 |
| damages that could not have been mitigated. |
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| ARTICLE 5. END OF LEASE TERM | 2 |
| Section 5-5. Closing inventory checklist. | 3 |
| (a) Upon notice to the landlord that the tenant either will | 4 |
| vacate the dwelling place or has vacated the dwelling place, | 5 |
| the landlord shall make himself or herself available to create | 6 |
| a closing inventory checklist before admitting a new tenant to | 7 |
| occupancy of the dwelling place. The closing inventory | 8 |
| checklist shall be on substantially the same form as the | 9 |
| inventory checklist. The landlord shall provide a copy of the | 10 |
| closing inventory checklist to the tenant within 10 days of the | 11 |
| creation of the checklist. | 12 |
| (b) If the tenant is not reasonably available to create a | 13 |
| closing inventory checklist, the landlord may create the | 14 |
| closing inventory checklist without the tenant, but must | 15 |
| photograph any damage claimed beyond normal wear and tear on | 16 |
| the dwelling place, or be barred from seeking to recover for | 17 |
| that damage. | 18 |
| Section 5-10. Return of security deposits. | 19 |
| (a) The security deposit and all interest earned thereon | 20 |
| shall be returned to the tenant within 10 days of the date on | 21 |
| which the tenant gives notice to the landlord that the tenant | 22 |
| has vacated the dwelling place, unless one of the following | 23 |
| applies: | 24 |
| (1) the landlord is proceeding under Section 3-15 for | 25 |
| damage caused by the tenant; or | 26 |
| (2) the tenant owes rent and the landlord has withheld | 27 |
| an amount from the security deposit equal to the amount of | 28 |
| rent owed. | 29 |
| (b) If the landlord violates this Section, the tenant or | 30 |
| tenant may file suit and shall be entitled to damages in the | 31 |
| amount of 2 times the security deposit, plus interest, the | 32 |
| tenant's reasonable attorney's fees, and court costs. | 33 |
| Section 5-15. Abandonment. Abandonment of the dwelling |
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| place shall be deemed to have occurred only when: | 2 |
| (1) written notice has been provided to the landlord by a | 3 |
| tenant expressing the intention of all of the tenants of the | 4 |
| dwelling place to permanently vacate the dwelling place; | 5 |
| (2) all of the tenants have been absent from the dwelling | 6 |
| place for the greater of 21 days or one rental period, the | 7 |
| tenants have removed their personal property from the dwelling | 8 |
| place, and the rent for the period is unpaid; or | 9 |
| (3) all tenants have been absent from the dwelling place | 10 |
| for a period of 60 days and the rent for that period is unpaid.
| 11 |
| ARTICLE 6. LANDLORD'S ACTION TO TERMINATE POSSESSION | 12 |
| Section 6-5. Residential notice of termination. | 13 |
| (a) In addition to the notice requirements to initiate an | 14 |
| action for forcible entry under Article IX of the Code of Civil | 15 |
| Procedure, the notice of termination must: | 16 |
| (1) state that the landlord is demanding that the | 17 |
| tenant leave the dwelling place on a date specified in the | 18 |
| notice; | 19 |
| (2) state the reasons for the landlord's action with | 20 |
| enough specificity to enable the tenant to prepare a | 21 |
| defense; and | 22 |
| (3) advise the tenant that if he or she remains in the | 23 |
| dwelling place after the date specified, the landlord may | 24 |
| seek to evict the tenant from the dwelling place only by | 25 |
| taking the tenant to court, at which time the tenant may | 26 |
| present a defense. | 27 |
| (b) If a tenant does not turn over possession in response | 28 |
| to a notice under subsection (a) of this Section, then the | 29 |
| tenancy and the tenant's right of possession remain in effect | 30 |
| until such time as they are terminated by a court order of | 31 |
| possession. | 32 |
| Section 6-10. Tenant lease termination to accommodate a | 33 |
| handicap. After providing one month's notice, a tenant who |
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| suffers from a handicap as that term is defined by the Illinois | 2 |
| Human Rights Act may terminate his or her lease, if the | 3 |
| termination is necessary to obtain the benefits of any program | 4 |
| directed at providing housing services or aid to individuals | 5 |
| with a handicap. | 6 |
| Section 6-15. Right to cure. Within the period provided by | 7 |
| the notice required to initiate an action under Article IX of | 8 |
| the Code of Civil Procedure, the tenant may cure any lease | 9 |
| violation, whether for failure to pay rent or for any violation | 10 |
| of the terms of the lease or this Act. If the tenant cures the | 11 |
| lease violation within the time provided, the landlord may not | 12 |
| file an action to evict the tenant on that basis. | 13 |
| Section 6-20. Waiver for payment of amount demanded. The | 14 |
| landlord waives the right to proceed with an action for | 15 |
| nonpayment of rent if, at any time before judgment, the | 16 |
| landlord accepts the rent due and owing. | 17 |
| Section 6-25. Prohibition on retaliation. | 18 |
| (a) A landlord may not retaliate against a tenant because | 19 |
| the tenant has in good faith: | 20 |
| (1) complained of code violations in the dwelling place | 21 |
| or an illegal landlord practice to a government agency, | 22 |
| public official, or elected representative; | 23 |
| (2) complained of a code violation or an illegal | 24 |
| landlord practice to a community organization or the news | 25 |
| media; | 26 |
| (3) sought the assistance of the news media or a | 27 |
| community organization to remedy a code violation or an | 28 |
| illegal landlord practice; | 29 |
| (4) requested that the landlord make repairs in the | 30 |
| dwelling place; | 31 |
| (5) testified in court or in an administrative | 32 |
| proceeding about the condition of the dwelling place or the | 33 |
| building in which the dwelling place is located; |
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| (6) testified in court or in an administrative | 2 |
| proceeding about the landlord's conduct as a landlord; | 3 |
| (7) refused any unwanted sexual advance made by the | 4 |
| landlord to the tenant;
or | 5 |
| (8) exercised any right or remedy provided by law. | 6 |
| (b) Actionable retaliation, if taken in retaliation for the | 7 |
| actions specified in subsection (a), shall include, but not be | 8 |
| limited to, the following: | 9 |
| (1) increasing rent; | 10 |
| (2) decreasing any service, including, but not limited | 11 |
| to, the provision of gas, heat, or electricity, or use of | 12 |
| facilities or common areas; | 13 |
| (3) making any alteration to the premises that has an | 14 |
| adverse effect upon the tenant; | 15 |
| (4) making any threat of physical force or use of | 16 |
| physical force against the tenant or tenant's family | 17 |
| member; | 18 |
| (5) making any threat to use a government agency to | 19 |
| cause harm to the tenant or the tenant's family member, | 20 |
| including, but not limited to, incarceration, deportation, | 21 |
| or the loss of a government subsidy; | 22 |
| (6) placing a tenant's name on a list of disfavored | 23 |
| tenants; or | 24 |
| (7) attempting to terminate the tenancy of the tenant. | 25 |
| (c) If a landlord acts in violation of this Section, the | 26 |
| tenant may plead the violation as an affirmative defense and | 27 |
| counterclaim to an action, or may commence a civil action in an | 28 |
| appropriate circuit court of this State not later than one year | 29 |
| after the occurrence of the violation. In the action, if the | 30 |
| court finds that the alleged violation occurred, the court | 31 |
| shall award the plaintiff the following relief: | 32 |
| (1) injunctive relief; | 33 |
| (2) an amount equal to 2 months' rent or twice the | 34 |
| actual damages sustained by the plaintiff, whichever is | 35 |
| greater; | 36 |
| (3) punitive damages, if appropriate; and |
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| (4) the tenant's reasonable attorney's fees and costs. | 2 |
| Section 6-30. Attorney's fees. The recovery of attorney's | 3 |
| fees for the prosecution of an action pursuant to Article IX of | 4 |
| the Code of Civil Procedure is prohibited. | 5 |
| ARTICLE 7. MISCELLANEOUS PROVISIONS | 6 |
| Section 7-5. Purposes; rules of construction. | 7 |
| (a) This Act shall be liberally construed and applied to | 8 |
| promote its underlying purposes and policies. | 9 |
| (b) The underlying purposes and policies of this Act are: | 10 |
| (1) to simplify, clarify, modernize, and standardize | 11 |
| the law governing the rental of dwelling units and the | 12 |
| rights and obligations of landlords and tenants; | 13 |
| (2) to encourage landlords and tenants to maintain and | 14 |
| improve the habitability, safety, and quality of housing, | 15 |
| and to deter actions that have a negative impact upon the | 16 |
| same; and | 17 |
| (3) to supplement, enhance, and add to the already | 18 |
| existing federal, State, and local law so as to provide a | 19 |
| baseline of rights and remedies for residential renters. | 20 |
| Section 7-10. Supplementary principles of law applicable. | 21 |
| Unless otherwise provided by the provisions of this Act, the | 22 |
| principles of law and equity, including, but not limited to, | 23 |
| the law relating to capacity to contract, mutuality of | 24 |
| obligations, principal and agent, real property, public | 25 |
| health, safety and fire prevention, estoppel, fraud, | 26 |
| misrepresentation, duress, coercion, mistake, bankruptcy, or | 27 |
| other validating or invalidating cause supplement its | 28 |
| provisions. | 29 |
| Section 7-15. Construction against implicit repeal. This | 30 |
| Act being a general Act intended as a unified coverage of its | 31 |
| subject matter, no part of it is to be construed as impliedly |
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| repealed by subsequent legislation if that construction can | 2 |
| reasonably be avoided. | 3 |
| Section 7-20. Subject matter jurisdiction. All circuit | 4 |
| courts may decide disputes arising from any violation of this | 5 |
| Act, and all violations of this Act are germane to actions for | 6 |
| possession under Article IX of the Code of Civil Procedure. | 7 |
| Section 7-25. Notice. | 8 |
| (a) Except for notices required by Article IX of the Code | 9 |
| of Civil Procedure, written notice shall be given either in | 10 |
| person or by first class mail. If not in person, landlords | 11 |
| shall be given notice at the address provided to the tenant at | 12 |
| the time the lease is entered or any subsequently reported | 13 |
| address. If not in person, a tenant shall be given notice at | 14 |
| the address of the rental unit or at the tenant's last known | 15 |
| address, if different. | 16 |
| (b) If notice is required, but it is not required to be in | 17 |
| writing, notice may be provided by any means actually | 18 |
| accomplishing the necessary communication. | 19 |
| Section 7-30. Notice required to evict a tenant. In | 20 |
| addition to the notice requirements under Article IX of the | 21 |
| Code of Civil Procedure, notice for the eviction of a tenant | 22 |
| shall also be given to the tenant by properly addressed and | 23 |
| stamped registered mail. This notice cannot be waived. | 24 |
| Section 7-35. Enforcement. The Attorney General has | 25 |
| standing to bring suit to enforce any provision of this Act in | 26 |
| the name of the People of the State against a landlord whenever | 27 |
| the Attorney General determines that such an action would be in | 28 |
| the public interest. | 29 |
| ARTICLE 99. EFFECTIVE DATE
| 30 |
| Section 99-99. Effective date. This Act takes effect upon |
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| becoming law.
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