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Illinois Lease Agreement Templates

Illinois lease agreements formalize the conditions of a tenant’s lease of a landlord’s property. The lease agreement will contain the rent, the duties of the landlord and the tenant, and other miscellaneous terms, such as the responsibility for particular utilities. Lease agreements are a useful way to prevent litigation, because they provide a common source of information that the parties may refer to in case of a dispute.

Rental Application – The rental application should be provided to prospective tenants to determine their suitability for occupying the property, including references.

Contents

By Type (6)


Commercial Lease Agreement

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Month-to-Month Lease Agreement

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Rent-to-Own Lease Agreement

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Roommate Lease Agreement

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Standard Lease Agreement

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Sublease Agreement

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Landlord-Tenant Laws

StatutesChapter 765, Section 705 (Landlord and Tenant Act)

Required Disclosures

Carbon Monoxide Detectors  – A landlord must disclose the requirement to provide a carbon monoxide detector within 15 feet of where the a is sleeping, and information regarding the detectors must be listed in the lease. (430 ILCS 135)

Concession Granted – Concessions for rent must be mentioned in the lease. When entered into the page, the header should contain the words “Concession Granted” which should be at least one-half (1/2) inches in height on the document. Failure on behalf of the landlord to write this, if there is a concession, is considered a misdemeanor in the State of Illinois. (765 ILCS 730)

Lead-Based Paint Disclosure – This form will inform tenants about the risk posed by chipping lead paint.  Including this form is mandatory whenever the tenant will be occupying a dwelling unit erected prior to 1978.

Radon Disclosure – Landlords are not required to test for radon, but if a landlord does become aware that radon exists on the premises, the landlord must immediately inform the tenant. This does not qualify for residences on the third (3rd) floor or higher in a residential complex. The IEMA approved Radon Disclosure Pamphlet should also be provided to the tenant. (420 ILCS 46)

Smoke Detectors  – It is the responsibility of the landlord to provide smoke detectors throughout the premises. Although, during the course of the lease term, the tenant will be responsible for the maintenance and functionality of them. Use the Carbon Monoxide and Smoke Detector Agreement to ensure a tenant maintains the detectors through the duration of the lease. (425 ILCS 60/3(d))

Shared Meter – If a tenant is required to pay a portion of a utility bill that covers multiple units, the landlord must share the formula used to calculate the tenant’s portion. (765 ILCS 740/5)

Security Deposit Laws

Maximum Amount ($)

Illinois law does not limit the amount that may be charged as a security deposit.

Returning to Tenant

Landlords may retain a portion of a tenant’s security deposit to cover costs associated with repairs to the property that occurred during the tenant’s time at the property, apart from wear and tear. However, the landlord may only do so by providing to the tenant, within thirty (30) days of the tenant leaving the premises, a written description of the costs, including receipts associated with the purchase of goods or services used to make the repairs. If the landlord fails to deliver the written description, he or she may face a penalty up to twice the amount of the security deposit, plus court fees. (765 ILCS 710)

When is Rent Due? (grace period)

Illinois law does not specify when rent is due or name a mandatory grace period. The best practice is for landlords and tenants to determine this in the lease agreement.

Eviction Notice (non-payment)

5-Day Notice to Pay or Quit – When a tenant fails to pay rent by the date due, the landlord may post this form on the property’s dwelling unit to inform the tenant that, if rent is not provided within five days, the landlord may initiate the eviction process. (735 ILC 5/9-113)

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Maximum Fees ($)

Late Rent Penalties

Illinois law permits the imposition of late fees for failing to pay rent on time but requires that the fees be reasonable and named in the rental agreement. (770 ILCS 95/7.10)

NSF Checks

A landlord may charge up to $25 or the actual costs borne by the landlord because of the provision of a check with insufficient funds, whichever is greater. (810 ILCS 5/3-806)

Tenant’s Unclaimed Property

Illinois statutes do not specifically address property that a tenant may leave behind after a lease has ended. Best practice is for the landlord to make a careful list of the property, store it, and attempt to contact the tenant. The landlord will likely be able to receive reimbursement for the costs of storage and, if the tenant does not reply, eventually may be able to dispose of the property or sell it to cover any outstanding debts.

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