How to File a Rent Overcharge Complaint in Illinois

Facing unexpectedly high rent increases can be stressful for tenants in Illinois. While the state does not have statewide rent control or rent stabilization laws, certain cities (especially Chicago) do protect tenants from illegal rent overcharges and related rental issues. Understanding how to file a rent overcharge complaint and your legal rights can help you resolve issues with your landlord efficiently and legally.

Understanding Rent Overcharge in Illinois

Illinois law does not set statewide limits on how much landlords can charge for rent. However, landlords must follow lease terms, local ordinances (e.g., Chicago Residential Landlord and Tenant Ordinance), and cannot impose increases or extra charges not specified in your agreement. If you suspect your landlord is charging unlawful fees, raising your rent in violation of your lease, or retaliating against you for exercising tenant rights, you may be able to file a complaint.

Is Rent Control in Place in Illinois?

Illinois currently prohibits local governments from enacting new rent control laws under the Rent Control Preemption Act. However, Chicago and some localities have city ordinances safeguarding tenants from unfair rental practices, including illegal charges and retaliation. Be sure to check your city's rules if you live outside Chicago.

Where to File a Rent Overcharge Complaint

In most of Illinois, rent overcharge issues are handled by local agencies or housing departments, with Chicago offering the most robust process for renters:

• Chicago: The Chicago Department of Business Affairs and Consumer Protection (BACP) oversees complaints about landlord-tenant matters under the Chicago Residential Landlord and Tenant Ordinance.
• Elsewhere: Many other Illinois towns lack formal boards or departments for rent complaints; renters may need to contact local city hall, housing departments, or file in small claims court.

Required Forms and How to Use Them

• Chicago Residential Landlord and Tenant Ordinance (RLTO) Complaint Form:
  • When to use: If your rental is in Chicago and you believe your landlord violated the RLTO (for example, by overcharging on rent, late fees, or unauthorized increases).
  • How to use: Complete the RLTO Complaint Form either online or by downloading a PDF version. Attach supporting documents such as your lease, rent receipts, or communication with your landlord.
  • Official source: Chicago BACP Renters & Landlords Page
• Small Claims Complaint Form (Outside Chicago):
  • When to use: If your town does not have a landlord/tenant agency, you can consider filing in small claims court to recover illegal charges. Use the Illinois Small Claims Complaint form.
  • How to use: Fill out the complaint form, outlining your claim with supporting documentation (such as lease or payment records), and file it at your local county courthouse. You may wish to consult with a housing counselor or legal aid before proceeding.

Tip: Always keep copies of your lease, communication, and all payment records to support your complaint.

What Happens After You File?

Once you submit your complaint, Chicago BACP or the relevant agency will review your claim. They may contact you and your landlord for more information, request additional documents, or attempt to mediate the dispute. In some cases, you may be referred to small claims court or legal assistance for further action if the agency cannot resolve your situation.

Your Rights Under Illinois Law

Renters in Illinois are covered by the Illinois Security Deposit Return Act, Illinois Landlord and Tenant Act, and—for Chicago residents—the Chicago Residential Landlord and Tenant Ordinance (RLTO).
These laws require landlords to abide by leases, return security deposits per rules, and prevent retaliation against tenants exercising their legal rights¹.

Key Steps to File a Rent Overcharge Complaint

• Gather your lease, receipts, and written records
• Contact your local agency or, in Chicago, submit the RLTO Complaint Form
• Follow up with the agency as directed and respond to information requests
• Document the process carefully and seek assistance if you face retaliation

FAQ for Illinois Renters

1. Can my landlord raise the rent at any time in Illinois?
   Generally, outside of rent control ordinances (which Illinois does not have), landlords can raise the rent at the end of a lease period or with proper advance notice, as long as the increase is not discriminatory or retaliatory.
2. How much notice must I get before a rent increase?
   For most leases, landlords must provide at least 30 days' written notice before increasing rent. Always check your lease and local city ordinances; Chicago rental rules may set additional requirements.
3. What if my landlord charges fees not listed in the lease?
   Unlisted fees may violate your lease agreement or local ordinance. File a complaint with your local agency or the Chicago BACP if you're within Chicago.
4. Is there rent control or rent stabilization in Illinois?
   No, Illinois currently prohibits local governments from enacting new rent control laws, but some cities have ordinances addressing unfair practices.
5. What documentation should I provide when filing a complaint?
   Include your lease, written notice of increase, payment records, and any correspondence with your landlord.

Summary and Key Takeaways

• Illinois has no statewide rent control, but local ordinances like Chicago's RLTO protect renters from some illegal rent practices.
• If you face unlawful rent increases or extra charges, use the official local complaint process or file in small claims court if necessary.
• Always retain all rental documents and written communications with your landlord to support any complaint.

Need Help? Resources for Renters

• Chicago Renter's Rights Resources
• BACP Landlord-Tenant Complaint Information
• Illinois Courts Small Claims Forms
• For statewide questions, contact the Illinois Attorney General Tenant Rights page

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1. Illinois Landlord and Tenant Act
2. Illinois Security Deposit Return Act
3. Rent Control Preemption Act
4. Chicago Residential Landlord and Tenant Ordinance (RLTO)

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