Illinois Rental Smoking Policies: What Renters Need to Know

As a renter in Illinois, understanding smoking policies is an important part of moving into a new home. Whether you’re concerned about your right to smoke, protections from secondhand smoke, or rules about marijuana use, Illinois law addresses what landlords must disclose and how rental smoking policies are enforced. Here’s a plain-language overview to help you feel confident about your smoking-related rights and responsibilities in Illinois rentals.

How Are Smoking Policies Handled in Illinois Rental Units?

Illinois does not have a statewide law banning smoking in private residential rental units. Instead, individual landlords can set their own smoking policies for their properties. These policies may address tobacco, vaping, and recreational marijuana use inside units or common areas. Under the Illinois Smoke-Free Illinois Act, smoking is prohibited in most public places and workplaces, but apartment units themselves are generally not included unless specifically covered by city ordinances or property rules.^[1]

Landlord Disclosure Requirements

While there is no statewide mandate to disclose smoking policies, many Illinois landlords include them in the lease agreement or a separate addendum. In some municipalities, such as Chicago, additional local ordinances may require explicit written disclosure of smoking rules in residential leases. Be sure to review your lease and ask for clarification if you are unsure about allowed activities.

• Check the lease: Policies about smoking should be clearly written and signed by both parties.
• Request addendums: If your lease is unclear, ask the landlord for a written addendum outlining the smoking rules.
• Local rules: Some cities (e.g., Chicago) may have stricter requirements. Review local housing department resources if you live in a large municipality.

Common Types of Smoking Policies

• No-smoking units: Smoking of any substance is not allowed in the apartment or any indoor area.
• No-smoking buildings: Entire buildings or complexes prohibit smoking in all common areas and individual units.
• Designated smoking areas: Smoking may be allowed only in certain outdoor locations.
• Mixed policies: Some units in a building are designated as smoke-free, while others may permit smoking.

Recreational Marijuana and Smoke-Free Housing Laws

Illinois law allows adults to use recreational marijuana, but landlords are not required to allow its use or smoking on their property.^[2] Landlords can prohibit marijuana smoking just as they would tobacco if stated in the lease or property rules. However, they cannot create policies that violate fair housing or anti-discrimination laws.

Rights and Responsibilities of Renters

• You must follow the smoking policy as stated in your lease.
• Violating a no-smoking policy can result in lease violations or even eviction.
• If you suffer from secondhand smoke due to a neighbor not following rules, you may submit a complaint to your landlord or to local housing authorities.

Illinois rental laws are enforced by county courts. If you have a dispute, you’ll usually work with your local circuit court’s landlord-tenant division.^[3] Many cities also offer mediation or support through municipal housing offices.

Key Forms for Illinois Renters Regarding Smoking Policies

• No-Smoking Lease Addendum (No official state form): Used to add or update a no-smoking policy in an existing lease. Typically reviewed and signed at move-in or when policies change. You can request one from your landlord or create a written agreement together. See sample guidance from the City of Chicago's official resources.
• Tenant Complaint Form (Cook County Residential Landlord and Tenant Ordinance): Renters in Cook County—including Chicago—can use the Cook County Tenant Complaint Form to report lease violations, including issues with smoking in “smoke-free” units, to the Cook County Department of Human Rights. Submit online or as directed on the form.

Action Steps if You Have a Smoking Policy Dispute

• Check your signed lease for policy details
• Contact your landlord in writing with concerns or requests for clarification
• Document any evidence of violations (e.g., dated photos, correspondence, witness accounts)
• If unresolved, submit a formal complaint with your municipal housing authority or county department using the appropriate form
• Seek legal advice through local tenant assistance hotlines if needed

When you understand your lease and local ordinances, you can act confidently if a smoking-related issue arises.

FAQ: Smoking and Rental Policies in Illinois

1. Can my landlord in Illinois ban smoking in my apartment?
   Yes. Landlords may include a no-smoking clause in your lease. If it is in your signed lease agreement, you must follow it. If you break the rule, your landlord may take enforcement action.
2. Do Illinois landlords have to disclose their smoking policy?
   State law doesn’t require disclosure, but many landlords provide one in the lease. In certain cities, like Chicago, written disclosure is strongly encouraged or mandated by local rules.
3. What if another tenant’s smoking is affecting my health?
   First, notify your landlord in writing. If your lease or building is supposed to be smoke-free and your landlord does not respond, you can file a complaint with your local housing authority or the Cook County Department of Human Rights if you’re in Cook County.
4. Are e-cigarettes and vaping covered by smoking bans?
   Many leases and city policies treat vaping the same as traditional smoking. Always check the policy language.
5. Is marijuana smoking allowed in Illinois rental units?
   While recreational marijuana is legal for adults, landlords may prohibit its use or smoking on the property, just like tobacco, if stated in the lease.

Conclusion: What Renters Should Remember

• Smoking policies are set by your landlord and must be clearly disclosed in your lease or an addendum
• If you face secondhand smoke issues, document the problem and use official complaint forms if needed
• Local rules and enforcement can offer further protections—always check city or county housing resources for details

Knowing Illinois rental smoking policies helps you avoid confusion and assert your rights as a renter.

Need Help? Resources for Renters

• Cook County Tenant Complaint Form – For reporting landlord policy violations, including smoke-free housing issues
• Chicago Department of Housing – Guides, local ordinances, and complaint support for city residents
• Illinois Residential Tenants' Rights Act – Full text of statewide tenant protections, including health and safety provisions
• Cook County Circuit Court Landlord-Tenant Division – Where rental disputes are resolved

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1. Illinois Smoke-Free Illinois Act (410 ILCS 82)
2. Illinois Cannabis Regulation and Tax Act (410 ILCS 705)
3. Cook County Circuit Court Landlord-Tenant Division

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