commit 52f483a17c7c8de9e696ee6c2e8b9e956cfec9da Author: Curtis Nanney Date: Fri Jun 20 15:51:06 2025 +0000 Add Your Guide to Landlord-Tenant Law diff --git a/Your Guide to Landlord-Tenant Law.-.md b/Your Guide to Landlord-Tenant Law.-.md new file mode 100644 index 0000000..d0051dd --- /dev/null +++ b/Your Guide to Landlord-Tenant Law.-.md @@ -0,0 +1,68 @@ +
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Your Guide to Landlord-Tenant Law
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Landlord-Tenant Law
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At some time during their lives many people will be involved with the leasing of property, either as landlord or renter. Laws that impact property managers and occupants can vary significantly from city to city. This handout offers general information about being an occupant in Illinois. You must speak with a lawyer or your municipality or county as they may supply you with higher protection under the law.
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Tenancy Agreement
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The relationship in between property owner and renter develops from an arrangement, written or oral, by which one party occupies the genuine estate of another with the owner's consent in return for the payment of certain amount as lease.
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Written Agreement: Most tenancies remain in writing and are called a lease. No particular words are required to produce a lease, but usually the terms of a lease include a description of the real estate, the length of the agreement, the amount of the rent, and the time of payment. TIP: You ought to put your agreement in composing to avoid future misconceptions.
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Provisions in a lease arrangement that safeguard a landlord from liability for damages to persons or residential or commercial property triggered by the carelessness of the landlord are deemed protesting public policy and are for that reason unenforceable. Certain towns and counties have other limitations and restriction on specific lease terms, so you need to speak with an [attorney](https://costaricafsbo.com) or your town or county.
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Oral Agreement: If an occupancy agreement is not in writing, the term of the [agreement](https://anyhouses.com) will, usually, be considered a month-to-month tenancy. The duration is generally figured out by the frequency of the rental payments. For example: week to week, month to month, or year to year. Although the regards to an oral lease may be challenging to identify, a party might be bound to the regards to an oral agreement just as much as a written one.
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Termination of the Lease or Tenancy Agreement
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If a lease is not for a specific term, it may be ended by either party with [correct notification](https://chaar-realestate.com).
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- For year-to-year tenancies, other than a lease of farmland, either party might end the lease by providing 60 days of composed notice at any time within the four months preceding the last 60 days of the lease. +- A week-to-week tenancy may be ended by either party by giving 7 days of composed notification to the other party. +- Farm leases normally run for one year. Customarily, they begin and end in March of each year. Notice to terminate should be provided a minimum of 4 months before the end of the term. +- In all other lease contracts for a duration of less than one year, a celebration should give one month of composed notification. Any notification given ought to call for termination on the last day of that rental duration. +- The lease may also have stated requirements and timeframe for termination of the lease. +- In certain towns and counties, landlords are needed to offer more than the above specified notice duration for termination. You should seek advice from with an attorney or your town or county.
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If the lease does specify a particular expiration or termination date, no termination notice is required. Know that your lease might also require notice of termination in a particular type or a greater notice duration than the minimum required by law, if any. Landlords must keep in mind that no matter what the lease requires or specifies, you might be required to offer more than the notification period specified in the lease for termination and in composing. You need to speak with a lawyer or your town or county.
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Termination of a month-to-month occupancy normally just requires 1 month of notification by tenant and a landlord is required to serve a written notification of termination of tenancy on the renter (see Service on Demand area below). In certain towns and counties, proprietors are needed to provide more than one month of notice, so you ought to talk to seek advice from with an attorney or your municipality or county.
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Renewal of the Lease or Tenancy Agreement, Rental Increases
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Generally, a lease might be restored at any time by oral or written agreement of the parties. If a [lease term](https://zawayasyria.com) expires and the property owner accepts lease following the expiration of the term, the lease term automatically becomes month-to-month based on the exact same [terms stated](https://property-d.com) in the lease.
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The lease may need a specific notice and timeframe for renewing the lease. You need to review your lease to verify such requirements. Landlords and tenants need to note that no matter what the lease needs or states, property owners might also have constraints on how early they can require renewal of a lease by a tenant and are needed to put such in writing. You ought to seek advice from an attorney or your town or county.
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Month-to-month tenancies immediately renew from month to month up until terminated by either landlord or tenant.
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Unless there is a written lease, a proprietor can raise the lease by any amount by giving the occupant notice: Seven days of notice for a week-to-week tenancy, thirty days of notice for a month-to-month tenancy, and 90 days of notice for mobile home parks. In particular [municipalities](https://www.morrobaydreamcottage.com) and counties, landlords are needed to give more than 7 or one month of notification of a rental increase, so you ought to consult with consult with an attorney or your town or county.
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Eviction, Termination of Tenants Right to Possession
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In Illinois, a proprietor does not have a right to self-help and must file an eviction to [eliminate](https://inmocosta.com) a renter or occupant from the facilities.
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Five-Day Notice. The most common breach of a lease is for non-payment of rent. In this case the landlord must serve a five-day notice upon the delinquent tenant unless the lease requires more than five days of notice. Five days after such notice is served, the property manager might begin eviction procedures against the tenant. If, however, the occupant pays the full amount of lease required in the five-day notification within those five days, the property manager might not proceed with an eviction. The landlord is not needed, nevertheless, to accept rent that is less than the precise amount due. If the property manager accepts a tender of a lesser amount of rent, it may affect the rights to continue under the notification.
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10-Day Notice. If a property owner wants to terminate a lease since of an offense of the lease arrangement by the renter, other than for non-payment of lease, he or she should serve 10 days of composed notice upon the renter before eviction procedures can begin, unless the lease needs more than 10 days of notification. Acceptance of rent after such notice is a waiver by the landlord of the right to end the lease unless the breach suffered is a continuing breach.
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Holdover. If a renter remains beyond the lease expiration date, generally, a landlord may file an eviction without having to very first serve a notice on the tenant. However, the regards to the lease or in specific towns or counties, a proprietor is required to supply a notice of non-renewal to the renter, so you ought to seek advice from a lawyer or your town or county.
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Service on Demand Notice
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The five-day, 10-day, or termination of month-to-month occupancy notices might be served upon tenant by delivering a written or printed copy to the renter, leaving the exact same with some individual above the age of 13 years who lives at the celebration's residence, or sending a copy of the notice to the celebration by accredited or signed up mail with a return invoice from the addressee. If no one remains in the actual possession of the properties, then publishing notification on the premises is adequate.
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Subletting or Assigning the Lease
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Often, composed leases forbid the renter from subletting the facilities without the composed authorization of the landlord. Such authorization can not be unreasonably kept, however the prohibition is enforceable under the law. If there is no such prohibition, then an occupant might sublease or assign their lease to another. In such cases, nevertheless, the renter will stay accountable to the landlord unless the proprietor launches the initial tenant. A breach of the sublease will not change the initial relationship between the proprietor and occupant.
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Breach by Landlord, Tenant Remedies
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If the proprietor has actually breached the lease by stopping working to fulfill their responsibilities under the lease, certain solutions develop in favor of the occupant:
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- The renter might sue the landlord for damages sustained as a result of the breach. +- If a property owner fails to maintain a rented residence in a habitable condition, the occupant may have the ability to leave the premises and end the lease under the theory of "useful eviction." +- The failure of a landlord to keep a rented home in a habitable condition or comply significantly with regional housing codes might be a breach of the property manager's "suggested warranty of habitability" (independent of any composed lease provisions or oral pledges), which the occupant may assert as a defense to an expulsion based upon the non-payment of rent or a claim for decrease in the rental worth of the premises. However, breach by property manager does not automatically entitle a tenant to withhold rent or a decrease in the rental worth. The commitment to pay lease continues as long as the occupant stays in the rented facilities and to assert this defense successfully, the renter will have to reveal that their damages arising from landlord's breach of this "implied service warranty" equivalent or go beyond the rent claimed due.
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A proprietor's breach and [tenant's damages](https://slinfradevelopers.com) may be hard to prove. Because of the restricted and technical nature of these rules, tenants should be extremely mindful in withholding lease and should probably do so just after speaking with an attorney.
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Please note that specific municipalities or counties attend to certain commitments and requirements that the landlord must perform. If a property manager stops working to comply with such obligations or requirements, the tenant might have extra treatments for such failure. You ought to speak with a lawyer or your municipality or county.
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Breach by the Tenant, Landlord Remedies
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In addition to termination for certain breaches by occupant, a landlord also has the following solutions:
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If rent is not paid, the property owner may: (1) sue for the rent due or to end up being due in the future and (2) terminate the lease and gather any past rent due. Under particular circumstances in the occasion of non-payment of lease the proprietor may hold the furnishings and individual residential or commercial property of the renter until previous lease is paid by the renter.
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If a [renter stops](https://property-d.com) working to abandon the rented facility at the end of the lease term, the renter may become liable for double lease for the duration of holdover if the holdover is considered to be willful. The tenant can likewise be kicked out.
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If the [tenant damages](https://luxuriousrentz.com) the properties, the property owner might demand the repair work of such damages.
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Please note that particular towns or counties offer particular commitments and requirements that the tenant should meet. If a renter stops working to adhere to such responsibilities or requirements, the proprietor might have additional treatments for such failure. You must seek advice from a lawyer or your town or county.
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Discrimination
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Under the federal Fair Housing Act and Illinois law, it is unlawful for a proprietor to discriminate in the leasing of a home home, flat, or home against potential renters who have kids under the age of 14. It is also unlawful for a property owner to victimize a renter on the basis of race, faith, sex, nationwide origin, source of income, sexual origination, gender identity, or impairment.
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Down Payment, Move-in Fee
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Security Deposit. A tenant can be required to deposit with the proprietor a sum of cash prior to occupying the residential or commercial property. This is generally referred to as a security deposit. This cash is deemed to be for any damage to the premises or non-payment of lease. The security deposit does not relieve the tenant of the duty to pay the last month's rent or for damage triggered to the premises. It should be returned to the renter upon abandoning the premises if no damage has actually been done beyond normal wear and tear and the rent is fully paid.
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If a [property manager](https://leasingangels.net) fails to return the down payment without delay, the occupant can sue to recover the portion of the down payment to which the renter is entitled. In some towns or counties and certain circumstances under state law, when a property manager wrongfully withholds a tenant's security deposit the tenant might be able to recover extra damages and lawyers' fees. You should speak with an attorney.
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Generally, a property manager who receives a security deposit might not keep any part of that deposit as payment for residential or commercial property damage unless he provides to the renter, within one month of the date the occupant abandons, a declaration of damage supposedly brought on by the occupant and the estimated or actual cost of fixing or replacing each product on that statement. If no such declaration is provided within 30 days, the proprietor must return the down payment completely within 45 days of the date the renter left.
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If a building includes 25 or more residential units, the property manager should also pay interest on the deposit from the date it was paid, if held more than 67 months. Interest is calculated at the rate paid by the largest bank in Illinois, as determined by total possessions, on a passbook security account.
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The above declarations concerning down payment are based upon state law. However, some municipalities or counties might impose extra responsibilities. For example, Cook County, Evanston, Chicago, and Oak Park all have extra requirements that a property manager should abide by when taking down payment and supply steep charges when a landlord stops working to comply.
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Move-in Fee. In addition to or as an option to a down payment, a property manager might charge a move-in cost. Generally, there are no particular limitations on the quantity of a move-in fee, nevertheless, particular towns or counties do supply constraints. TIP: A move-in charge needs to be nonrefundable, otherwise it could be considered to be a down payment.
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Landlord and occupant matters can end up being complex. Both property manager and occupant need to consult an attorney for help with specific problems. To learn more about your rights and obligations as an occupant, consisting of particular landlord-tenant laws in your town or county, call your local bar association, or visit the [Illinois Tenants](https://www.machinelinker.com) Union at www.tenant.org.
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Additional Resources
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- Illinois Lawyer Finder: isba.org/public/illinoislawyerfinder +- Illinois Legal Aid Online (ILAO): illinoislegalaid.org +- Illinois Standardized Court Forms: illinoiscourts.gov/ approved-forms. +[- Illinois](https://costaricafsbo.com) Court Help: ilcourthelp.gov. +- Illinois Free Legal Answers: il.freelegalanswers.org
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Prepared by the Illinois State Bar Association's Real Estate Law Section (2024 )
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This handout is prepared and released by the Illinois State Bar Association as a civil service. Every effort has actually been made to supply accurate info at the time of publication.
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