Illinois Renter Rights for Short-Term Vacation Rentals

If you're renting a property in Illinois for a short-term vacation stay, it's important to understand your rights as a tenant. Illinois law protects renters even in unique housing situations, such as short-term rentals—from apartments on Airbnb to vacation cottages. This guide explains your protections, responsibilities, and ways to get help if issues arise.

What is a Short-Term Vacation Rental?

Short-term vacation rentals are furnished residential units rented for brief stays—usually less than 30 consecutive days—often through platforms like Airbnb, Vrbo, or by arrangement with a landlord. Illinois state law and many local ordinances apply to these arrangements.

Your Rights as a Short-Term Renter in Illinois

Even though your stay might be brief, you have rights under Illinois law. The Illinois Residential Tenants' Right to Repair Act and the Illinois Security Deposit Return Act offer key protections, while the Chicago Residential Landlord and Tenant Ordinance (RLTO) covers most rentals in Chicago.

• Security Deposits: Landlords must follow state rules for collecting, holding, and returning your security deposit—even for stays under 30 days.
• Entry Rights: Your landlord cannot enter without proper notice, except in emergencies. Local rules may set 24–48 hours' advance notice as a standard.
• Repairs: Your landlord is required to maintain a safe and livable unit. Quick attention is especially important for short stays.
• Eviction: An owner cannot remove you without following the appropriate legal process, even if you're renting short-term.

Local ordinances, such as Chicago’s, may provide even stronger renter protections for short-term stays. Always check if stricter city rules apply in your rental location.

Common Problems Faced by Illinois Short-Term Renters

Short-term vacation renters sometimes face these issues:

• Security deposit not returned after stay
• Unit not as advertised or not ready on arrival
• Sudden cancellation by owner
• Unlawful eviction or lockouts
• Problems with repairs or unsafe conditions

If any of these occur, you have the right to seek help under Illinois law or through local authorities.

Key Forms for Short-Term Vacation Renters

Illinois provides official forms and resources to protect your rights as a renter. Here are the essential ones, with practical explanations:

• Notice to Landlord: Demand for Immediate Repairs (Form not numbered)
  When to use: If you encounter dangerous or uninhabitable conditions, write a formal repair request using the structure outlined by the Illinois Attorney General’s office. Sample letters are provided on their site.
• Security Deposit Demand Letter (Sample Letter)
  When to use: If your security deposit is not returned within 45 days (for most rentals), use a demand letter as per guidance from the Illinois Legal Aid Sample Form to formally request it back.
• Complaint Submission to the Illinois Department of Human Rights (IDHR)
  When to use: If you suspect housing discrimination (e.g., denied a vacation rental based on race, disability, or other protected reasons), file an official complaint through the IDHR portal.

Always keep a copy of any forms or letters you submit, and send them via certified mail or email when possible for documentation.

Which Tribunal Handles Short-Term Tenancy Disputes?

In Illinois, housing and eviction cases are managed by your local county circuit court. For Chicago-based short-term rentals, the Cook County Circuit Court Housing Section handles disputes.

If you wish to file a complaint or dispute:

• Check with your local county circuit court for instructions
• Prepare all documentation of your rental (lease, payment receipts, communication)

Relevant Legislation

• Illinois Security Deposit Return Act
• Illinois Residential Tenants’ Right to Repair Act
• Chicago RLTO for applicable Chicago rentals

FAQ: Short-Term Rental Rights in Illinois

1. Do short-term renters in Illinois have the same rights as long-term tenants?
   Short-term renters in Illinois have many of the same protections as long-term tenants, including rights related to security deposits, repairs, privacy, and non-discrimination. Local rules—especially in cities like Chicago—sometimes provide additional rights.
2. How can I get my security deposit back if my landlord refuses?
   You can use a written demand letter (see "Key Forms") and, if necessary, file a small claims action through your local circuit court.
3. What should I do if my landlord tries to evict me without proper notice?
   Landlords must follow legal eviction procedures. If you're threatened with lockout or illegal eviction, immediately contact your local county circuit court or legal aid office.
4. Are platforms like Airbnb responsible for upholding Illinois tenant laws?
   While platforms facilitate bookings, the actual property owner is responsible for complying with Illinois laws. However, you may report issues to both the platform and local authorities.

Conclusion: Key Points for Short-Term Vacation Renters

• You have significant rights as a short-term renter in Illinois, including deposit protection and fair treatment.
• Document every interaction with your landlord or platform and know which forms to use if there's a problem.
• Local courts and state agencies are there to help if issues remain unresolved.

Need Help? Resources for Renters

• Illinois Attorney General: Landlord-Tenant Rights
• Illinois County Circuit Courts Directory
• Illinois Department of Human Rights: File a Housing Discrimination Complaint
• Cook County Circuit Court Housing (for Chicago residents)

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1. Illinois Attorney General - Landlord/Tenant Rights Guide
2. Illinois Security Deposit Return Act (765 ILCS 710/)
3. Illinois Residential Tenants’ Right to Repair Act (765 ILCS 742/)
4. Chicago Residential Landlord and Tenant Ordinance (RLTO)
5. Illinois Department of Human Rights - Housing Discrimination Complaint Portal
6. Cook County Circuit Court

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