Challenging an Illegal Rent Increase in Illinois: What Renters Need to Know

If your landlord has raised your rent and you're unsure whether the increase is allowed, you are not alone. Illinois renters often face questions about rent hikes. While Illinois does not have statewide rent control or rent stabilization, there are still protections against illegal or discriminatory increases under state law. Understanding these rules can help you protect your rights and take action if you believe a rent increase is improper.

Understanding Rent Increase Laws in Illinois

Illinois state law, under the Illinois Residential Tenants' Right to Repair Act and the Illinois Security Deposit Return Act, does not limit how much a landlord can raise rent unless you live in a municipality with specific rent control ordinances. Currently, no city in Illinois has enacted such controls due to the state's Rent Control Preemption Act^[1].

When Is a Rent Increase Illegal?

Even though there are no limits to how much rent can be increased, there are important legal requirements for landlords:

• Proper Written Notice: For month-to-month rentals, landlords must provide at least 30 days' written notice before raising rent^[2].
• No Discrimination: Increases must not be based on race, religion, national origin, familial status, disability, or other protected categories (Fair Housing Act).
• No Retaliation: Rent increases cannot be used to punish tenants for asserting legal rights (such as requesting repairs or reporting code violations).

If your landlord fails to follow these rules, the rent increase could be considered illegal.

How to Challenge an Illegal Rent Increase in Illinois

If you suspect your rent increase violates the law, take these practical steps to challenge it and protect your tenancy.

1. Review Your Lease and Notice

• Carefully check your lease for terms about rent increases or notice periods.
• Ensure you received at least 30 days' written notice for a month-to-month lease.

2. Communicate in Writing with Your Landlord

• Write to your landlord pointing out any improper notice, discrimination, or retaliation.
• Keep copies of all correspondence.

3. File a Complaint with State Agencies (in Cases of Discrimination or Retaliation)

• If you believe the increase is retaliatory or discriminatory, file a complaint with the Illinois Department of Human Rights (IDHR).
• Use the Employment/Real Estate Intake Form (IDHR Form 3105). Complete and submit this if you suspect discrimination based on protected classes. For example, if a landlord raises rent only for families with children, file this form to launch an investigation.

4. Request Mediation or Seek Help from Your Local Housing Authority

• You can request mediation with your landlord or contact your local housing authority for support. Visit the Illinois Housing Development Authority (IHDA) for resources.

5. Consider Legal Action

• If the rent increase is illegal, you may use the courts to assert your rights. The main tribunal handling residential tenancy issues in Illinois is your county's Circuit Court system (Illinois Circuit Courts).
• Prepare evidence, such as your lease, written notices, and correspondence.
• If not comfortable with court, consider contacting Illinois Legal Aid Online for free legal guidance.

Is There an Official Form for Challenging Illegal Rent Increases?

While Illinois does not have a dedicated state-wide form to challenge rent increases, the following official form is available for discrimination cases:

• IDHR Real Estate Intake Form (Form 3105): Used if you suspect a rent increase is due to discrimination.
  Find it here: IDHR Intake Forms.

No other dedicated rent board or tribunal oversees rent increase challenges in most areas. Issues about improper notice, retaliation, or breaches of lease can be brought in your local Circuit Court.

FAQ: Rent Increase and Tenant Rights in Illinois

1. Can my landlord increase my rent by any amount in Illinois?
   Yes, unless you live in government-subsidized housing or a city with its own protections (which is currently none in Illinois). However, the increase must be given with proper notice and not be discriminatory or retaliatory.
2. How much notice do I get before my rent goes up?
   For month-to-month leases, at least 30 days' written notice is required before a rent increase takes effect.
3. What if I didn't receive proper written notice?
   If you did not receive the required notice, the rent increase is not legally valid. Notify your landlord in writing to object and keep records.
4. Is there a rent board or state agency for rent disputes in Illinois?
   No centralized rent board exists; disputes are typically resolved in county Circuit Courts. Anti-discrimination complaints go to the Illinois Department of Human Rights (IDHR).
5. How do I file a housing discrimination complaint?
   You may file a complaint using the IDHR Real Estate Intake Form (Form 3105) online or by mail. Visit the IDHR complaint page for instructions.

Key Takeaways for Illinois Renters

• Landlords must provide 30 days' written notice before any rent increase on a month-to-month lease.
• Rent increases cannot be retaliatory or discriminatory under federal and state law.
• If you suspect an illegal increase, act quickly—review your lease, keep records, and seek help from state agencies or legal aid.

Knowing your rights—especially around notice and anti-discrimination—can help you respond confidently to rent increases.

Need Help? Resources for Renters

• Illinois Department of Human Rights (IDHR) – File housing discrimination complaints or get help understanding your rights.
• Illinois Legal Aid Online – Free legal info and tools for housing and rental disputes.
• Illinois Housing Development Authority (IHDA) – Find local housing agency contacts and tenant resources.
• Illinois Circuit Courts – Main judicial authority for rental disputes, including improper rent increases.

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1. Illinois Rent Control Preemption Act, 50 ILCS 825/10.
2. Illinois Landlord and Tenant Act, 765 ILCS 705/.

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