Residential Lease Agreement (Illinois)
Attached as the first page: the Illinois Department of Human Rights summary of housing protections for survivors of domestic violence and sexual violence, signed by each Tenant in the acknowledgment at the bottom of each page (765 ILCS 752/20).
This Residential Lease Agreement (“Lease”) is made on [Date] for residential premises in the State of Illinois between the Landlord and the Tenant(s) named below.
Rent, Fees and Utilities Summary (765 ILCS 705/35)
| Item | Amount | Frequency |
|---|
| Monthly rent | $[Amount] | Monthly |
| Security deposit | $[Amount] | One time |
| [Other non-optional fee, e.g., parking, pet rent] | $[Amount] | [One time / Monthly] |
| Utilities included in rent | [List, or “None”] | |
No non-optional fee is payable unless it is listed in this summary.
1. Parties and Notice Address
Landlord: [Full Legal Name]
Address for notices, including repair notices: [Street Address, City, Illinois, ZIP]
Property manager or agent, if any: [Name, Address, Phone]
Tenant(s): [Tenant 1 Full Legal Name], [Tenant 2 Full Legal Name], [Additional Tenants]
Phone: [Phone] E-mail for notices: [E-mail]
Each Tenant is jointly and severally liable for all obligations under this Lease.
2. Premises
Address: [Street Address, Unit, City, Illinois, ZIP] County: [County]
Type: ☐ Single-family home ☐ Apartment ☐ Duplex unit ☐ Condominium ☐ Other: [Description]
Parking: [Assigned space(s), garage, or “None”] Appliances included: [List]
☐ The Premises are in the City of Chicago. The Chicago Residential Landlord and Tenant Ordinance applies, and its summary is attached. [Check local ordinances, such as those of Cook County or Evanston, that may also apply.]
3. Term
☐ Fixed term. Begins [MM/DD/YYYY] and ends on [MM/DD/YYYY].
☐ Month to month. Begins [MM/DD/YYYY].
Either party may end a month-to-month tenancy by at least 30 days’ written notice (735 ILCS 5/9-207(b)). At the end of the fixed term, this Lease ☐ ends ☐ continues month to month, unless either party gives written notice at least [30] days before the end date.
4. Rent
Monthly rent: $[Amount], due on or before the [1st] day of each month.
Accepted payment methods: [Check, money order, portal, bank transfer]. The Landlord does not require payment by electronic funds transfer (765 ILCS 705/4).
5. Late Fee
If rent is not received by the [5th] day of the month, the Tenant will pay a late fee of $[Amount], which the parties agree is a reasonable estimate of the Landlord’s costs of late payment. Returned payment fee: $[Amount]. [Chicago and some other municipalities cap late fees; check local law.]
6. Security Deposit (765 ILCS 710/1, 715/1)
Security deposit: $[Amount].
☐ The building or complex has 25 or more units. The Landlord will pay interest on a deposit held more than six months at the rate required by 765 ILCS 715/1.
To withhold any part of the deposit for damage, the Landlord will, within 30 days after the Tenant vacates or the Tenant’s right of possession ends, whichever is later, deliver an itemized statement of the damage and the estimated or actual cost of each repair, with paid receipts or copies, by personal delivery, by mail to the Tenant’s last known address, or by e-mail to a verified e-mail address the Tenant provides. If the statement shows estimated costs, the Landlord will deliver the paid receipts within 30 days after the statement. If no statement and receipts are delivered, the Landlord will return the full deposit within 45 days after the Tenant vacates. The Tenant should give the Landlord a forwarding mailing or e-mail address.
Specified charges, if any, for damage beyond normal wear and tear: [Item and dollar amount, or “None”].
7. Flood Disclosure (765 ILCS 705/25)
The Landlord ☐ is ☐ is not aware that the rental property is located in a FEMA Special Flood Hazard Area (“100-year floodplain”). The property has experienced flooding [ ] times in the last 10 years. Even if the rental property is not in a Special Flood Hazard Area, the dwelling may still be susceptible to flooding. FEMA maintains a flood map on its website that is searchable by address, at no cost, to determine if a dwelling is located in a flood hazard area.
The Landlord ☐ is ☐ is not aware that the rental property you are renting has flooded at least once in the last 10 years. The rental property has flooded [ ] times in the last 10 years. Even if the dwelling has not flooded in the last 10 years, it may still be susceptible to flooding. Most tenant insurance policies do not cover damage or loss incurred in a flood. You are encouraged to examine your policy to determine whether you are covered. If you are not, flood insurance may be available through FEMA’s National Flood Insurance Program to cover your personal property. Information on flood risks is available at dnr.illinois.gov, fema.gov and ready.gov/flood. Landlords are required to disclose this information under Section 25 of the Landlord and Tenant Act, and a landlord’s failure to comply entitles the tenant to the remedies in that Section.
Tenant: ____________________ Date: ________ Landlord: ____________________ Date: ________
8. Occupants and Use
The Premises will be used only as a private residence by the Tenant(s) and these occupants: [Names, or “None”]. Guests may not stay more than [Number] consecutive nights without the Landlord’s written consent. The Tenant may not sublet or assign this Lease without the Landlord’s prior written consent.
9. Utilities (765 ILCS 740/5)
Paid by the Landlord: ☐ Water ☐ Sewer ☐ Trash ☐ Gas ☐ Electricity ☐ Other: [Description]
Paid by the Tenant: all other utilities.
☐ The Tenant pays a share of a master-metered utility. The allocation formula is: [Formula]. The Landlord will provide a copy of the utility bill on request.
10. Repairs and Maintenance
The Landlord will keep the Premises in a condition that complies with applicable building, housing and health codes and make repairs this Lease or the law requires. The Tenant will keep the Premises clean and sanitary, use fixtures and appliances properly, and promptly report needed repairs to the notice address in Section 1.
For a required repair costing no more than $500 or one-half of the monthly rent, whichever is less, the Tenant may send the Landlord written notice by registered or certified mail. If the Landlord does not make the repair within 14 days, or sooner in an emergency, the Tenant may have it made in a workmanlike manner and deduct the paid bill from rent, as provided in 765 ILCS 742/5. This does not apply to conditions caused by the Tenant, the Tenant’s family or guests.
Smoke and carbon monoxide alarms. The Landlord has installed the required alarms in working order with working batteries and has given the Tenant written information on testing and maintenance. The Tenant will test the alarms, replace batteries, and notify the Landlord in writing of any problem the Tenant cannot correct (425 ILCS 60/3, 430 ILCS 135/10).
☐ The Premises are in Cook County: the Landlord has changed or rekeyed the lock to the unit since the prior tenant (765 ILCS 705/15).
11. Landlord’s Entry
Except in an emergency, the Landlord will give the Tenant at least [48] hours’ notice before entering and enter only at reasonable times to inspect, make repairs or show the Premises. [If a local ordinance requires more notice, follow it.]
12. Pets, Smoking and Rules
Pets: ☐ No pets. ☐ Pets allowed as stated in the Pet Addendum. Assistance animals are not pets.
Smoking and vaping: ☐ Prohibited everywhere on the Premises. ☐ Allowed only in: [Area].
Rules, if any, are attached.
13. Renter’s Insurance
The Landlord’s insurance does not cover the Tenant’s personal property. ☐ Renter’s insurance with at least $[Amount] liability coverage is required. ☐ It is recommended.
14. Lead-Based Paint (Housing Built Before 1978)
☐ The Premises were built in 1978 or later.
☐ The Premises were built before 1978. The Landlord has given the Tenant the EPA pamphlet Protect Your Family From Lead in Your Home and the attached Lead-Based Paint Disclosure, signed by both parties.
15. Default and Termination
If rent is not paid when due, the Landlord may give the Tenant a written notice that the Lease will end unless the rent is paid within a stated time of at least 5 days after service (735 ILCS 5/9-209). The notice will prominently state: “Only FULL PAYMENT of the rent demanded in this notice will waive the landlord’s right to terminate the lease under this notice, unless the landlord agrees in writing to continue the lease in exchange for receiving partial payment.” For any other default, the Landlord may give a 10-day notice to quit (735 ILCS 5/9-210).
A Tenant who vacates because of a credible imminent threat of domestic or sexual violence at the Premises, or after sexual violence on the Premises, may have rights under the Safe Homes Act (765 ILCS 750) not to be liable for rent after moving out, if written notice is given to the Landlord before or within 3 days of vacating.
The Landlord will not terminate the tenancy, increase rent, decrease services or refuse to renew because the Tenant in good faith complained of code violations, requested repairs, joined a tenants’ union or exercised a legal right (765 ILCS 721/5). The Landlord will not lock out the Tenant or remove the Tenant’s belongings except through a court eviction order. The Landlord will comply with the Servicemembers Civil Relief Act.
16. General Terms
Governing law: Illinois. Nothing in this Lease exempts the Landlord from liability for injury to persons or property caused by the negligence of the Landlord or its agents in operating or maintaining the Premises; any such clause is void (765 ILCS 705/1). If any provision is unenforceable, the rest of this Lease remains in effect.
This Lease, the attached summaries and its addenda are the entire agreement. Changes must be in writing and signed by both parties.
17. Addenda
☐ IDHR Safer Homes Summary (first page) ☐ Lead-Based Paint Disclosure ☐ Chicago RLTO Summary ☐ Move-In Condition Checklist ☐ Pet Addendum ☐ Rules ☐ Other: [Description]
Signatures
Landlord or Agent: _________________________ Date: __________
Printed Name and Title: _____________________________
Tenant: _________________________ Date: __________
Printed Name: _____________________________
Tenant: _________________________ Date: __________
Printed Name: _____________________________