Illinois Vacancy Decontrol: What Renters Need to Know

As a renter in Illinois, you may be hearing about concepts like "vacancy decontrol" and "rent control"—especially if you’re worried about rising rents when you move or renew your lease. This guide explains what vacancy decontrol means, how Illinois law works, and what tenants should understand if rent regulations change in the future.

Understanding Vacancy Decontrol and Rent Control in Illinois

Vacancy decontrol is a rule in some rent-controlled areas where landlords can raise the rent without restrictions after a tenant moves out. This means existing tenants benefit from regulated rent increases, but once they leave, the unit is "decontrolled" and new rents are set by the market.

However, as of 2024, Illinois does not have state- or city-level rent control laws. In fact, state law (the Illinois Rent Control Preemption Act) specifically prohibits local governments from enacting rent control on residential properties¹. Consequently, there are no official vacancy decontrol rules for rental housing in Illinois at this time.

What Does This Mean for Illinois Renters?

In practical terms, Illinois landlords generally have the right to set rents as they wish, both for new leases and at renewal (as long as they follow lease terms and provide required notice). Evictions and other protections are regulated, but rent prices themselves are not controlled by law unless future legislation is passed.

• No rent control = No formal vacancy decontrol rules
• Landlords may increase rent upon lease renewal by providing written notice (at least 30 days for month-to-month tenancies, or as stated in the lease)
• Rent increases cannot be discriminatory (e.g., based on race, religion, national origin, disability, etc.)

If Rent Control Returns: What Might Vacancy Decontrol Mean?

Some Illinois cities, including Chicago, have discussed repealing the state’s blanket prohibition on rent control. If vacancy decontrol rules were enacted, here’s how they might typically work based on other states’ models:

• While you live in the unit, rent increases are capped by law each year
• When you move out, the landlord can set a new, market-rate rent for the next tenant
• Once rented again, the new tenant receives similar protections until they move out

If you are following local rental law changes or ballot initiatives, keep an eye out for updates from your town or city. Official resources, such as the Illinois Department of Financial and Professional Regulation (IDFPR), provide information about tenant protections and legal changes.

Key Legislation and Where to Get Legal Help

• The main legislation governing landlord-tenant rights statewide is the Illinois Residential Tenants’ Right to Repair Act and the Illinois Security Deposit Return Act
• For Chicago, renters also have protections under the Chicago Residential Landlord and Tenant Ordinance (RLTO)

There are no required forms or applications concerning vacancy decontrol in Illinois because rent control is not currently legal in the state. If you believe a landlord is violating your existing lease terms or is discriminating, you can file a complaint with the IDFPR or the relevant city department. For Chicago renters, the Department of Housing (DOH) provides complaint procedures and resources (Chicago DOH).

What Official Bodies Handle Tenant Issues?

Illinois does not have a single "residential tenancy tribunal.” Instead, tenant-landlord disputes are generally handled in state or county courts. Official bodies include:

• Illinois Circuit Courts – handle landlord-tenant lawsuits, eviction proceedings, and other disputes
• Illinois Department of Financial and Professional Regulation – oversees some housing professionals, and hears certain complaints
• In Chicago, the Department of Housing offers enforcement for RLTO violations

FAQ: Illinois Rent Control and Vacancy Decontrol

1. Does Illinois have rent control or vacancy decontrol?
   No, Illinois state law currently does not allow cities to enact rent control or vacancy decontrol rules. Landlords may set rents for new or existing tenants, as long as they follow legal notice requirements.
2. Can my landlord raise the rent as much as they want in Illinois?
   In most cases, yes. There are no statewide limits on rent increases for private housing, but landlords must provide proper notice and cannot raise the rent for discriminatory reasons.
3. Who enforces landlord-tenant laws in Illinois?
   Most disputes are handled in Illinois Circuit Courts. In Chicago, the Department of Housing enforces rental ordinances.
4. What should I do if I think a rent increase is illegal?
   You can file a complaint with the IDFPR or consult an attorney. If you’re in Chicago, contact the Department of Housing for RLTO issues.
5. Are there official forms for challenging rent increases?
   No. Since rent control is not in place, there are no official Illinois forms for protesting rent increases. For discrimination or lease violation concerns, use court forms from your local Circuit Court or contact the city housing department.

Key Takeaways for Illinois Renters

• Illinois currently bans rent control, so there are no vacancy decontrol rules or forms.
• Landlords can raise rent (with required notice), but cannot discriminate.
• Know your rights under state and city laws, and save all rental paperwork for your records.

Stay updated on local housing laws in case rent control or vacancy decontrol policies change in the future.

Need Help? Resources for Renters

• Illinois Department of Financial and Professional Regulation (IDFPR) – Tenant and housing complaints, licensing issues
• Illinois Circuit Courts – File lawsuits, resolve disputes
• Chicago Department of Housing – RLTO enforcement, renter support in Chicago
• Illinois Legal Aid – Free or low-cost legal information and tenant resources
• Illinois Attorney General Tenant Rights – Statewide tenant information

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1. Illinois Rent Control Preemption Act, 50 ILCS 825
2. Illinois Residential Tenants’ Right to Repair Act, 765 ILCS 742
3. Chicago Residential Landlord and Tenant Ordinance (RLTO)

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