Illinois Lease Agreement Requirements: What Renters Must Know

Signing a lease is one of the most important steps for Illinois renters. Understanding what must be included in a lease agreement can help protect your rights and avoid misunderstandings with your landlord. Illinois law lays out clear rules about lease content, disclosures, and required forms. Here’s what you need to know to confidently review or request updates to your lease agreement.

Essential Elements of a Lease Agreement in Illinois

Your lease agreement serves as the foundation for your rental relationship. Illinois law does not require leases to be in writing for terms less than a year, but having a written lease protects both renters and landlords. If there is a written lease, it should include:

• Names of all parties: Both landlord and all adult tenants living in the rental.
• Property address: The full address of the rental unit, including apartment or unit number.
• Term of the lease: The start and end dates of the lease, or whether it’s month-to-month.
• Rent amount: The monthly rent, when and how it must be paid, and any late fees or grace periods.
• Security deposit details: Amount, how it will be kept, and the process for refund or deductions.
• Maintenance responsibilities: Who is responsible for repairs and which utilities are included.
• Rules and restrictions: House rules, guest policies, smoking, and pet policies.
• Signatures: Signature and date from all parties.

Including these details helps prevent disputes and is required to stay in compliance with the Illinois Residential Tenants’ Right to Repair Act and the Illinois Security Deposit Return Act^[1][2].

Required Disclosures in Illinois Leases

Illinois statutes require landlords to provide certain disclosures to new tenants. These must be included in the lease or given in writing at the start of the tenancy:

• Lead-Based Paint Disclosure: For units built before 1978, landlords must provide the EPA Lead Warning Statement and the pamphlet "Protect Your Family From Lead In Your Home." Download the disclosure form here.
• Names and Addresses Disclosure: Landlords must disclose their name, address, and any agents authorized to act on their behalf, so tenants know whom to contact regarding the property (765 ILCS 705/3).
• Notice of Code Violations: If the property has outstanding municipal code violations that pose a health or safety threat, landlords must notify tenants in writing.
• Radon Disclosure: For residential leases, landlords must provide an Illinois Emergency Management Agency-approved pamphlet on radon hazards and, under certain circumstances, disclose if elevated radon levels have been detected. Learn more and access forms on the state’s official radon resource.

Illinois Official Rental Forms to Know

• EPA Lead-Based Paint Disclosure Form
  Use: Required before signing, for properties built before 1978.
  Example: If you’re moving into an older apartment, ask for this form to verify there’s no lead paint risk.
  Official Illinois Lead Paint Disclosure Form
• Radon Disclosure Pamphlet/Notice
  Use: Required for most residential leases. Gives facts about radon in Illinois homes.
  Example: Your landlord should provide this pamphlet as part of the lease paperwork.
  Radon Risk in Rental Property Pamphlet

If you have concerns about forms or disclosures missing from your lease, you can contact the official housing tribunal.

What Is Not Allowed in an Illinois Lease?

Certain terms may not be legally enforceable, even if written in a lease:

• Waiving your right to legal notices before eviction or entry by your landlord.
• Forcing you to pay for all building repairs (unless for damage caused by you).
• Prohibiting you from joining a tenants’ union.
• Penalties not allowed by law (like excessive late fees).

Your Rights and Where to Get Help

The Illinois Landlord and Tenant Act protects renters throughout the state, but cities like Chicago may have additional rules under local ordinances. For official dispute resolution, the judicial body handling rental disputes in Illinois is the Cook County Housing Court (and similar circuit courts in other counties).^[3]

Frequently Asked Questions

1. Does a lease have to be in writing in Illinois?
   No, but written leases offer more protection for both parties. If your lease is longer than one year, it must be in writing to be enforceable under Illinois law.
2. What should I do if my lease is missing required disclosures?
   Request the missing disclosures in writing from your landlord. If you don’t receive them, contact your local housing authority or legal aid for guidance.
3. Can my landlord change the lease terms without my agreement?
   No, both landlord and tenant must agree to changes in writing. Changes can only take effect after both parties have signed off.
4. Is my security deposit protected by law?
   Yes. Illinois law requires landlords to return security deposits within 45 days, minus any allowable deductions, and provide itemized statements if deductions are made.
5. Where can I file a rental dispute?
   Rental disputes can be brought to your local circuit court’s housing division or housing tribunal for mediation or resolution.

Key Takeaways for Illinois Renters

• Your lease should clearly state rent, security deposits, terms, and rules.
• Required disclosures, such as for lead paint and radon, protect your health and legal rights.
• Only sign a lease when you fully understand all terms and have received the proper official forms.

Need Help? Resources for Renters

• Illinois Tenant Hotline and Ombudsman – for general inquiries and complaints
• Illinois Landlord and Tenant Act (Official Legislation)
• Cook County Housing Court – primary tribunal for rental disputes in most populous counties
• Illinois Radon Program – Information and Disclosures

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1. Illinois Residential Tenants’ Right to Repair Act (ILCS 765/742)
2. Illinois Security Deposit Return Act (ILCS 765/710)
3. Illinois Landlord and Tenant Act (ILCS 765/705)

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