Being a landlord is an extremely challenging job - especially during these challenging times. Many people are unable or unwilling to make their rent payments on time. When landlords take the legal steps needed to evict tenants who do not pay, they can find themselves involved in a contentious, complicated legal dispute. Every landlord must fully understand his or her rights and responsibilities. However, even the most knowledgeable landlord can find himself or herself involved in a dispute. If you are experiencing a landlord-tenant problem, contact a real estate lawyer for help.

Illinois Landlord and Tenant Laws

Both tenants and landlords are protected by Illinois state and federal laws. As a landlord, it is crucial that you understand what to expect from tenants as well as what your tenants expect of you. The best way to avoid tenant problems is to provide a detailed written lease that describes both parties’ expectations. However, this is not always enough to ensure that tenants comply with the terms of the lease.

Landlords have important rights, including the right to make reasonable rules regarding the use of the property, the right to charge late fees, and the right to terminate the lease with the appropriate notice. Sometimes, landlords are forced to evict tenants. Evicting someone requires a lawsuit. Landlords cannot simply change the locks or turn off the tenant’s electricity to make him or her leave.

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The coronavirus health crisis has also caused an economic downturn in 2020. Many people are struggling to pay their bills after being laid off or furloughed. President Trump signed a new relief bill into law just after Christmas, with another $900 billion in stimulus funds allocated in an effort to help individuals, families, and businesses struggling because of the COVID-19 pandemic. In addition to containing money to fund government operations, the spending package also includes emergency relief money for a new round of stimulus checks, unemployment aid, and small business assistance. These funds may be able to help Illinois landlords and tenants who are facing eviction or foreclosure. Learn if this bill applies to you by contacting an experienced real estate attorney.

Eviction Moratoriums

Over the past year, local, state, and federal agencies have issued orders to stop or slow the spread of the highly contagious virus. These orders included closing non-essential businesses and requiring masks to be worn in public places while also limiting the number of people in gatherings. Some orders even included prohibiting tenants from being evicted from their homes if they were behind on rent payments. However, these executive orders do not extend to situations where a tenant poses a direct threat to the health and safety of other tenants, an immediate and severe risk to property, or a violation of building code, health ordinance, or similar regulations. The Illinois eviction moratorium was extended again, and it prohibits the filing of residential eviction actions and the enforcement of residential evictions until January 9, 2021.

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While, in most cases, a landlord and tenant can complete the term of a lease without issue, there are scenarios in which legal assistance may be needed, either by the landlord or the tenant. Some even require the assistance of an attorney. To help you determine if you might be facing such an issue, consider the following overview on Illinois’ landlord-tenant laws.

Required Leasing Disclosures for Landlords

Under Illinois state law, landlords are required to disclose specific information to tenants. Usually, done through the lease agreement, this information includes: 

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Even the most meticulous landlord can experience a security deposit dispute. Thankfully, diligence tends to pay off in such matters. Learn more about how a few basic steps can help you fight and potentially win against a tenant's security deposit dispute, and discover how an experienced landlord-tenant dispute attorney can help.

Illinois' Rules on Security Deposits

Illinois has certain requirements regarding the return of security deposits with which landlords must comply. First and foremost, deposits are supposed to be returned to tenants within 30 to 45 days after they have vacated the premises, depending on whether the tenant disputes any of the deductions that were made against their deposit. If the tenant leased a unit from a property with five or more units, the landlord must also supply the tenant with an itemized statement that explains what deductions have been made, and why.

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