Hotel and Motel Tenant Rights in Illinois: Laws and Protections

If you’re living in a hotel or motel in Illinois—whether for a few days, weeks, or even longer—you may be wondering about your rights. Illinois laws do provide certain tenant protections for people who live in hotels and motels, especially if you have made the room your primary residence. Understanding these protections is crucial if you’re facing possible eviction, rent increases, or problems with maintenance.

Who Is Considered a Tenant in a Hotel or Motel?

In Illinois, a person staying in a hotel or motel may become a tenant if they have lived there for more than 30 consecutive days, or if their stay is seen as their primary residence. Once someone qualifies as a tenant, they gain important rights and responsibilities under Illinois law.

• Short-term guests (under 30 days, with no permanent residence intent) usually do not have full tenant rights.
• Long-term occupants (over 30 days, using the hotel/motel as a home) are likely protected by tenant laws like the Illinois Landlord and Tenant Act.^[1]

Signs That You May Be Considered a Tenant

• You receive mail at the hotel or motel address
• You keep personal belongings in your room
• Your stay is open-ended or month-to-month
• You pay rent in regular intervals (weekly or monthly)

If these apply to you, your protections are similar to those of standard apartment renters.

Illinois Hotel and Motel Eviction Rules

Once you’re recognized as a tenant, you cannot be evicted without proper legal notice. Illinois law generally requires landlords (including hotel or motel management) to follow due process. This includes giving written notice and going to court before you can be removed.

• For nonpayment of rent: A 5-day written notice is required (735 ILCS 5/9-209).
• For other lease violations: A 10-day notice is often needed.
• Eviction must go through the circuit court. Changing locks or removing belongings without a court order is illegal.

Relevant Forms for Illinois Hotel/Motel Tenants

• Notice to Vacate (5-Day Notice – 735 ILCS 5/9-209): Used when rent has not been paid. The hotel or motel must serve this notice before filing for eviction.
  Example: You miss a payment and, after 5 days without paying, management gives you this form. View the official Notice to Vacate form.
• Summons and Complaint for Eviction: If you do not move out after the notice period, the owner files these with the local circuit court. You will be officially served and given a chance to appear in court. View Illinois Eviction Forms.
• Appearance and Answer to Eviction Complaint: Use this form to respond to an eviction complaint if served.
  Example: If you contest that you are a tenant or disagree with the eviction, submit this form before your hearing. Download and file your Appearance/Answer here.

Rights to Maintenance and Safety

As a tenant, you’re entitled to a safe and habitable room. Hotel and motel operators must maintain the property, make timely repairs, and provide essential services (like heat, water, and locks on doors), according to the Illinois Residential Tenants' Right to Repair and Deduct Act.^[2]

• If repairs are not made after giving written notice, you may have the right to withhold rent or “repair and deduct.” Read about Chicago’s RLTO rights if renting within Chicago.
• Unsafe living conditions (like pests, no heat, etc.) should be reported to your local health department or code enforcement agency.

Moving Out or Ending Your Stay

If you want to leave a hotel or motel after a long-term stay, it’s best to provide the management with written notice, even if not required. This helps protect your deposit and rental record.

Where to Go for Dispute Resolution

Eviction and tenancy disputes are handled by the local Illinois Circuit Court, which is the official tribunal for landlord-tenant matters in the state. If you receive a legal notice or summons, it is important to respond quickly and attend your court date.

FAQ: Hotel and Motel Tenancy Rules in Illinois

1. How long must I stay in a hotel or motel to be considered a tenant in Illinois?
   Most people gain tenant protections after 30 consecutive days, or if the location is their main residence.
2. Can I be evicted from a hotel room without a court order in Illinois?
   No. If you are a legal tenant, the hotel or motel manager must provide written notice and go through the courts before eviction.
3. What can I do if hotel management tries to lock me out or remove my belongings?
   This is illegal if you are considered a tenant. Contact local law enforcement and seek legal help immediately.
4. How do I report unsafe or unhealthy hotel room conditions?
   File a complaint with your city or county health department. If repairs are ignored, use the Right to Repair forms or call a local legal aid office.
5. Where do I file an eviction case or respond to one?
   All hotel/motel eviction and tenancy cases are heard in your county’s Illinois Circuit Court.

Key Takeaways for Hotel and Motel Tenants

• Staying more than 30 days or using a hotel/motel as your main home most likely gives you legal tenant rights under Illinois law.
• Eviction requires proper notice and a court process; lockouts are illegal if you’re a tenant.
• Maintenance and habitability standards apply to long-term hotel tenants, with official channels for complaints.

Understanding these basics can help you protect your housing rights, avoid unlawful evictions, and access needed repairs or support.

Need Help? Resources for Renters

• Illinois Circuit Court Directory (for filing complaints, eviction responses, and landlord-tenant cases)
• Illinois Legal Aid Online (free information, forms, and guided help for tenants)
• Chicago Renter Protection Resources
• Illinois Department on Aging – Elder Rights (for seniors in hotels or motels)
• For local Health Department or Code Enforcement agencies, search Illinois.gov by your city or county.

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1. Illinois Landlord and Tenant Act, official legislation text
2. Illinois Residential Tenants' Right to Repair and Deduct Act, official legislation text

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