Landlord and Tenant Disputes

Right to Read and Understand the Lease

As a tenant, you have the right to review and understand the lease before agreeing to it. A lease is a legal contract, and you should read it carefully to make sure it clearly explains:

• The amount of rent and when it is due
• The length of the rental term (month-to-month or fixed-term)
• Any fees, such as a security deposit or move-in fee
• Rules about pets, guests, noise, and utilities

If the lease is longer than one year, Illinois law requires that it be in writing. Even for shorter rental periods, you have the right to request a written lease, which protects both you and the landlord.

Right to Request Lease Terms That Meet Your Needs

You have the right to ask the landlord to include specific rules or protections that are important to you. These agreed-upon provisions must be written into the lease
to be legally enforceable.

Examples: no smoking inside the unit or building, no firearms on the property, quiet hours to reduce noise at night, limits on guest stays, permission for a pet or emotional support animal, and early termination options for emergencies, relocation, or illness.

Right to Important Disclosures

Landlords in Illinois are required to disclose in four specific situations:

1. Lead Paint (for buildings built before 1978)
2. Radon Gas
3. Utility Charges in Landlord’s Name (“Master Meter”)
4. Tenant Paying for Shared/Common Area Utilities

Chicago landlords may have additional requirements. 

If a landlord fails to disclose important information, the consequences depend on the situation. For shared utility bills, the Rental Property Utility Service Act provides a clear remedy. In other cases, failure to disclose may violate the Consumer Fraud Act or be used as evidence in a personal injury case, such as those involving lead or radon exposure.

These are just a summary of tenant rights. For more comprehensive information and detailed guidance, please download our brochure.

1. Right to a Habitable Home
2. Right to Quiet Enjoyment
3. Protection from Retaliation
4. Protection from Discrimination
5. Proper Notice for Rent Increase

These are just a summary of tenant rights. For more comprehensive information and detailed guidance, please download our brochure.

1. Security Deposit Protections
2. Move Out Fee
3. Proper Notice Before Termination
4. Right to End a Lease Early in Certain Situations
5. Right to Written Eviction Notice

What are my responsibilities as a tenant in Illinois?

• Pay rent on time.
• Keep the unit clean and avoid damage beyond normal wear and tear.
• Pay utilities if your lease makes you responsible.
• Get landlord approval before making changes to the unit.
• Give proper written notice before moving out (usually 30 days, or longer if required by your lease).

What happens if I don’t meet these responsibilities?

Your landlord may:

• Charge you for repairs or unpaid utilities.
• Deduct from your security deposit.
• Issue a violation or termination notice.
• File an eviction case if problems aren’t resolved.

Tip: Always respond in writing to landlord notices and keep records. For more details, see our full brochure.

Eviction is the civil process by which a landlord can legally remove a tenant from their rental property. Landlords cannot evict tenants without good cause. An eviction may occur when:

• Tenant owes rent
• Tenant’s lease is about to expire, and the landlord does not want to renew it
• Tenant has violated the terms of the lease
• Tenant has no written lease, and the landlord would like them to move
• An occupant is living on the property, and they refuse to leave.

If you file a case, you are called the plaintiff. If a case has been filed against you, you are called the defendant. Sometimes, the plaintiff is called the petitioner/complainant, and the defendant is called the respondent.

The Plaintiff: Landlords or Property Owners:

• The Plaintiff files the lawsuit and is usually the landlord or owner of the property. They can be individuals, businesses, or other entities.
• A person cannot represent another person’s interest in court if you are not a lawyer.
• If a corporation or LLC owns the property, it must hire a lawyer. Property managers cannot file on behalf of the owner.

The Defendant(s): Tenant(s) or Occupant(s)

• The Defendants are being sued and are the tenants or occupants of the landlord’s property.
•  A tenant is someone with an oral or written lease.
• An occupant does not have an oral or written lease but lives on the property (including squatters and trespassers).

There is only one way for landowners to evict a tenant or an occupant who does not agree to leave: file an eviction case, win the case, get an eviction order, and ask the sheriff to enforce this order by performing an eviction. 

Trying to evict a person without a court order is against the law. Landowners may not change locks, turn off utilities (gas, water, electricity), or take any other action on their own to try to force a person to move. By filing an eviction case, landowners can not only make the tenants move out but also ask for unpaid rent. 

Before starting an eviction process, a landlord must have good cause to decide to evict a tenant.  

A landlord can evict a tenant if the tenant:

• Fails to pay the rent
• Violates the terms of the lease
• Damages the property
• Does not leave the property after the lease comes to an end
• Does not have a written lease but pays rent monthly, and the landlord gives a notice to move 

Yes. The Circuit Clerk charges a filing fee, and the sheriff charges a service fee. Contact your Circuit Clerk and sheriff to ask what filing an eviction case costs in your county.

If you cannot afford to pay the filing fee, you can ask the court to file for free or at a reduced cost by filing the Application for Waiver of Court Fees found HERE.

Being evicted doesn’t erase any money you owe to your landlord. If you owe back rent, the court that issued your eviction may give your landlord a judgment that allows them to collect the money you owed, plus court and other collection costs. An eviction itself won’t appear on your credit report, but it still has the potential to hurt your credit.

If you’ve been evicted for non-payment of rent, then the landlord may hire a collections company to pursue your debt. This debt will appear on your credit report and hurt your credit score. An eviction order can also appear in public records, which could be discovered by future potential landlords. Many landlords conduct background and credit checks, and many will not be willing to rent to someone with an eviction on their record.

A landlord cannot evict a tenant for the following reasons:

• Complaining about the unit or building that a building inspector determines is valid.
• Not paying rent if the tenant left the property for a period of time because of domestic violence or the threat of domestic violence. This only applies once the tenant has given written notice to the landlord.
• Not paying rent, but the landlord accepted the rent due before the notice period ended.
• The tenant’s race, color, national origin, ancestry, sex, disability, religion, familial status (that is, being pregnant or having children under the age of 18), source of income (for example, if the tenant receives public assistance or housing voucher), unfavorable discharge from the military, military status, age, marital status, sexual orientation, or being a protected party under an order of protection. 

Legal Aid Chicago
legalaidchicago.org | (312) 341-1070
Provides free civil legal services to low-income residents of Cook County, including assistance with housing issues such as eviction defense and landlord disputes.

Lawyers’ Committee for Better Housing (LCBH)
lcbh.org | (312) 347-7600
Offers free legal and supportive services to improve housing stability for lower-income renters in Chicago.

Cook County Legal Aid for Housing and Debt (CCLAHD)
cookcountylegalaid.org | (855) 956-5763
Provides free legal assistance to residents facing eviction, foreclosure, or debt issues in Cook County.

CARPLS Legal Aid
carpls.org | (312) 738-9200
Offers free legal advice and referrals for Cook County residents on various civil legal matters, including housing.

Prairie State Legal Services
pslegal.org | (800) 531-7057
Provides legal assistance to low-income individuals and seniors in northern and central Illinois outside of Cook County.

Land of Lincoln Legal Aid
lincolnlegal.org | (877) 342-7891
Serves low-income and senior residents in central and southern Illinois with legal issues, including housing.

Illinois Legal Aid Online (ILAO)
illinoislegalaid.org
Offers user-friendly legal information, court forms, and referrals for various legal issues, including housing.

Metropolitan Tenants Organization
tenants-rights.org | (773) 292-4988
Educates, organizes, and empowers tenants to exercise their rights to affordable and safe housing in Chicago.

Chicago Tenants Movement
chicagotenants.org
Helps renters build democratic tenant unions and provides support against evictions and rent hikes.

Autonomous Tenants Union (ATU)
autonomoustenantsunion.org
An all-volunteer organization committed to organizing for housing justice and defending tenants’ rights in Chicago.

Housing Action Illinois
housingactionil.org
Advocates for policies that help end homelessness and create affordable rental housing across the state.

Illinois Department of Human Rights (IDHR)
dhr.illinois.gov | (312) 814-6200
Enforces the Illinois Human Rights Act, which prohibits discrimination in housing based on race, color, religion, sex, national origin, and other protected classes.

U.S. Department of Housing and Urban Development (HUD) – Fair Housing
hud.gov/program_offices/fair_housing_equal_opp | (800) 669-9777
Handles complaints about housing discrimination and enforces federal fair housing laws.

Open Communities
open-communities.org | (847) 501-5760
Advocates for fair and affordable housing in Chicago’s northern suburbs and assists with discrimination complaints.