Student Housing Rights for College Renters in Illinois

If you’re a college student renting in Illinois, it’s important to know your rights and responsibilities. Student renters are often first-time tenants or may be living off-campus for the first time. Whether you’re renting an apartment, house, or a room near your campus, Illinois law provides protections and rules for both you and your landlord. This guide overviews your rights, explains key forms, and points to reliable government resources, all in plain language.

Understanding Student Tenant Rights in Illinois

Students in Illinois have the same basic rights and protections as all residential tenants under state law. The primary law protecting renters is the Illinois Residential Tenants' Right to Repair Act, and the main legislation is the Illinois Security Deposit Return Act. In many cities, especially Chicago, there are also local ordinances with additional protections.

• Right to a Habitable Space: Your unit must be safe, clean, and meet health codes.
• Right to Advance Notice: Except in emergencies, your landlord must give you notice before entering your rental or ending your lease.
• Right to Your Security Deposit: The law governs how and when deposits are collected and returned.
• Anti-Discrimination: Under state and federal law, it’s illegal to treat tenants differently based on protected classes, including age and student status.

Colleges may have additional rules for off-campus housing, but Illinois tenant law always applies and cannot be waived by your lease.

Common Issues for Student Renters

• Roommate Disputes: Unless all tenants are on the lease, you may have limited rights if a roommate leaves. Make sure each roommate is a named tenant.
• Evictions: You can only be evicted through a legal process, with written notice and a court order.
• Maintenance Delays: If your landlord doesn’t make repairs, you have steps to take under the Illinois law (see forms below).

Key Forms for Student Renters

• 5-Day Notice to Pay Rent or Quit (Form):
  When and how it’s used: If you receive this notice, you have five days to pay overdue rent or the landlord may file for eviction. If you cannot pay, try to talk to your landlord or seek legal aid. View Eviction Forms - Illinois Courts
• Tenant’s Repair and Deduct Notice:
  When and how it’s used: If your landlord fails to fix essential repairs after written notice, this letter allows you to pay for the repair and deduct up to $500 or half a month's rent (whichever is less) from the next rent payment, as per Illinois Residential Tenants’ Right to Repair Act. Sample Notice Guidance - Illinois Department of Human Rights
• Security Deposit Itemization Statement:
  When and how it’s used: Your landlord must give you an itemized statement if any amount of your deposit is withheld for damages. Required by the Illinois Security Deposit Return Act.

How to File a Complaint or Get Help

If you believe your landlord is breaking the law or violating your tenant rights, you can:

• Contact your city’s building department if there are urgent repair or code issues (e.g., heating, mold, safety).
• File a complaint with the Illinois Department of Human Rights if you believe you’re facing discrimination.
• Seek help or mediation from campus legal clinics or local free legal aid services.

Remember: Never ignore official notices from your landlord or the court. Respond in writing and keep records of all communications.

Who Handles Residential Tenancy Disputes?

Evictions and disputes in Illinois are handled by the Illinois Circuit Courts. For Chicago renters, the Chicago Residential Landlord and Tenant Ordinance (RLTO) offers extra protections.

Frequently Asked Questions

1. Can my landlord increase the rent during my lease term?
   No, your landlord cannot increase rent during a fixed-term lease unless your agreement allows for it. After your lease expires, they must provide advance notice for any increase.
2. Do I have to pay for repairs in my apartment?
   Generally, no. Major repairs are the landlord’s responsibility. However, if they don’t respond to written requests, you may follow the "repair and deduct" process under Illinois law.
3. What should I do if I receive a 5-day eviction notice?
   Respond quickly. Pay your overdue rent if possible, or contact your landlord to explain your situation. Seek help from legal aid if you risk eviction.
4. Can I sublease my apartment to someone else?
   This depends on your lease agreement. In Illinois, landlords can’t unreasonably refuse a sublet, but you must follow the agreed process and get written permission if required.
5. What happens to my security deposit when I move out?
   Your landlord must return your security deposit within 30-45 days, providing an itemized list of any deductions as required by law.

Key Takeaways for Illinois Student Renters

• Student renters are fully protected by Illinois tenant laws, including rights to repairs, security deposit returns, and due process.
• Always use written notices and keep records of communication with your landlord.
• Know the key forms (like the 5-day notice and repair letters) and where to access them officially.

Understanding your rights can help you handle housing issues confidently and know where to seek support if needed.

Need Help? Resources for Renters in Illinois

• Illinois Residential Tenants’ Right to Repair Act (Legislation)
• Illinois Security Deposit Return Act (Legislation)
• Illinois Department of Human Rights - Tenant Discrimination Complaints
• Illinois Circuit Courts - Find Your Local Court
• Rentervention (Free legal aid service for Chicago area students and tenants)

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1. Illinois Residential Tenants’ Right to Repair Act
2. Illinois Security Deposit Return Act
3. Illinois Eviction Forms - Official Source
4. Illinois Department of Human Rights - Know Your Rights

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