LANDLORD AND TENANT
Short title. This Act may be cited as the
Landlord and Tenant Act. (765 ILCS 705/0.01) Sec. 0.01.
(Source: P.A. 89-82, eff. 6-30-95.) Every covenant,
agreement or understanding in or in connection
with or collateral to any lease of real property, exempting
the lessor from liability for damages for injuries to person or
property caused by or resulting from the negligence of the
lessor, his or her agents, servants or
employees, in the operation or maintenance of the demised premises
or the real property containing the demised
premises shall be deemed to be void
as against public policy and wholly
unenforceable. (765 ILCS 705/1) Sec. 1.
Class X felony by lessee or occupant.
(a) If, after the effective date of this amendatory
Act of 1995, any lessee or occupant is
charged during his or her lease or contract term with having
committed an offense on the premises constituting
a Class X felony under the laws of this State, upon a judicial
finding of probable cause at a preliminary hearing or indictment by
a grand jury, the lease or contract for
letting the premises shall, at the option of the lessor or the
lessor's assignee, become void, and the owner or the
owner's ssignee may notify the lessee or occupant by posting a
written notice at the premises requiring the lessee or occupant
to vacate the leased premises on or
before a date 5 days after the giving of the notice.
The notice shall state the basis for its issuance
on forms provided by the circuit court
clerk of the county in which the real property is located. The
owner or owner's assignee may have the same remedy
to recover possession of the premises as against a tenant holding
over after the expiration of his or her term. The
owner or lessor may bring a forcible entry and detainer action.
(b) A person does not forfeit his or her security
deposit or any part of the security deposit
due solely to an eviction under the provisions of
(c) If a lessor or the lessor's assignee voids a
contract under the provisions of this Section, and a tenant or
occupant has not vacated the premises within 5 days after receipt of
a written notice to vacate the premises, the
lessor or the lessor's assignee may seek relief
under Article IX of the Code of Civil Procedure.
Notwithstanding Sections 9-112, 9-113, and
9-114 of the Code of Civil Procedure, judgment for costs
against the plaintiff seeking possession of the
premises under this Section shall not be awarded to the
defendant unless the action was brought by the
plaintiff in bad faith. An action to possess premises under
this Section shall not be deemed to be in bad faith if
the plaintiff based his or her cause of action on information
provided to him or her by a law enforcement agency or the State's
(d) The provisions of this Section are enforceable only
if the lessee or occupant and the owner or owner's
assignee have executed a lease addendum for drug free housing as
promulgated by the United States Department of Housing and Urban
Development or a substantially similar document. (765 ILCS 705/5)
Short title. This Act may be cited
as the Security Deposit Return Act.
A lessor of residential real property, containing 5 or more
units, who has received a security deposit from a lessee to secure
the payment of rent or to compensate for damage to the leased
property may not withhold any part of that deposit as
compensation for property damage unless he has, within 30 days of
the date that the lessee vacated the premises, furnished to
the lessee, delivered in person or by mail directed to his last
known address, an itemized statement of the damage allegedly
caused to the premises and the estimated or actual cost
for repairing or replacing each item on that statement, attaching
the paid receipts, or copies thereof, for the
repair or replacement. If the lessor utilizes his or her own labor
to repair any damage caused by the lessee, the lessor may
include the reasonable cost of his or her labor to repair such
damage. If estimated cost is given, the lessor shall furnish
the lessee with paid receipts, or copies thereof, within 30 days
from the date the statement showing estimated cost was
furnished to the lessee, as required by this Section. If no such
statement and receipts, or copies thereof, are furnished to
the lessee as required by this Section, the lessor shall return the
security deposit in full within 45 days of the date that the
lessee vacated the premises.
Upon a finding by a
circuit court that a lessor has refused to supply the itemized
statement required by this Section, or has supplied such
statement in bad faith, and has failed or refused
to return the amount of the security deposit due within the time
limits provided, the lessor shall be liable
for an amount equal to twice the amount of the security
deposit due, together with court costs
and reasonable attorney's fees. (765 ILCS 710/1) Sec. 1.
In the event of a sale, lease, transfer or
other direct or indirect disposition of residential real property,
other than to the holder of a lien interest in
such property, by a lessor who has received a security deposit or
prepaid rent from a lessee, the transferee of such property
shall be liable to that lessee
for any security deposit, including statutory interest, or prepaid
rent which the lessee has paid to the transferor.
Transferor shall remain jointly and severally liable with the
transferee to the lessee for such security deposit or
prepaid rent. (765 ILCS 710/1.1)Sec. 1.
This Act takes effect January 1, 1974 and
applies to leases executed on or after that date. (765 ILCS 710/2)
Short title. This Act may be cited
as the Security Deposit Interest Act. (765 ILCS
715/0.01) Sec. 0.01.
A lessor of residential real property,
containing 25 or more units in either a single building or a complex
of buildings located on contiguous parcels
of real property, who receives a security deposit from a
lessee to secure the payment of rent or compensation for
damage to property shall pay interest to the lessee
computed from the date of the deposit at a rate equal
to the interest paid by the
largest commercial bank, as measured by total
assets, having its main banking premises in this State on minimum
deposit passbook savings accounts as of December
31 of the calendar year immediately preceding the inception of the
rental agreement on any deposit held by the lessor for more
than 6 months. (765 ILCS 715/1) Sec. 1.
The lessor shall, within 30 days after the
end of each 12 month rental period, pay to
the lessee any interest, by cash or credit to be applied to rent
due, except when the lessee is in default under
the terms of the lease. A lessor
who willfully fails or refuses to pay the interest required by this
Act shall, upon a finding by a circuit court that he has willfully
failed or refused to pay, be liable for an amount
equal to the amount of the security deposit, together with court
costs and reasonable attorneys fees. (765 ILCS 715/2) Sec. 2.
This Act does not apply to any deposit made with respect to
public housing. (765 ILCS 715/3) Sec. 3.
Short title. This Act may be cited as the
Retaliatory Eviction Act. (765 ILCS 720/0.01) Sec. 0.01.
It is declared to be against the public
policy of the State for a landlord to
terminate or refuse to renew a lease or tenancy of property used
as a residence on the ground
that the tenant has complained to any governmental
authority of a bona fide violation of any applicable building
code, health ordinance, or similar regulation. Any provision in any
lease, or any agreement or understanding, purporting to permit the
landlord to terminate or refuse to renew a lease or
tenancy for such reason is void. (765 ILCS 720/1) Sec. 1.
Short title. This Act may be cited
as the Property Taxes Of Alien Landlords Act. (765
ILCS 725/0.01) Sec. 0.01.
No contract, agreement or lease in writing or by
parol, by which any lands or tenements therein are
demised or leased by any alien or his agents for the purpose of
farming, cultivation or the raising of crops thereon, shall
contain any provision requiring the tenant or other person for
him, to pay taxes on said lands or tenements, or any
part thereof, and all such provisions, agreements and
leases so made are declared void as
to the taxes aforesaid. If any alien landlord or his
agents shall receive in advance or at any other time any sum of
money or article of value from any tenant in lieu of
such taxes, directly or indirectly, the
same may be recovered back by such tenant before any
court having jurisdiction of the amount thereof, and all
provisions or agreements in writing or
otherwise to pay such taxes shall be held in all courts of this
state to be void. (765 ILCS 725/1)
Sec. 1. (Source: P.A. 81-1509.)
Short title. This Act may
be cited as the Rent Concession Act. (765
ILCS 730/0.01) Sec. 0.01.
That the purpose of this Act is to
regulate the prevalent practice of making
or using written leases of real estate,
which, because of concessions to the lessees, do not truly state the
real net rent being paid, it being
recognized that such practice can be, and frequently is, used to
mislead prospective purchasers and lessees, and lenders
of money on the security of such real estate, into a belief that the
rental value or market value thereof is greater than it really is.
(765 ILCS 730/1) Sec. 1.
A rent concession is made, within the meaning of
this Act, when, in case of a written lease of real
estate or a part thereof, the lessor before or at the time the lease
or any agreement therefor is entered
into, and in consideration of such lease or agreement therefor,
directly or indirectly, gives, or agrees or promises to
give, to the lessee, without express
mention thereof in the lease, any of
(1) any credit upon the rent reserved by the lease
between the parties, or rebate of such rent or any
part thereof after payment thereof by the lessee, or
(2) the right, privilege or license to occupy the
leased premises for a period other than the
term created by the lease, rent free or for a rent less than the
average rent fixed by the lease for the
entire term, or
(3) any other valuable thing, right or privilege. Repairing
and decorating the leased premises by the lessor
shall not be deemed a rent concession. An agreement by a lessor to
waive any of the terms or conditions of the lease other than those
relating to the payment of rent shall not be deemed a rent
concession. (765 ILCS 730/2) Sec. 2.
When a rent concession shall be made in
the case of any lease hereafter entered into, it
shall be the duty of the lessor, at the time or immediately after
the lease is made, to cause such lease to bear a legend across the
face and text thereof plainly legible and in letters not
less than one-half inch in height
consisting of the words "Concession
Granted," and to bear a memorandum on the margin or
across the face of such lease stating the amount or
extent and nature of each such concession, and any failure on the
part of a lessor so to do shall be unlawful and a violation of
this Act. (765 ILCS 730/3) Sec. 3.
When a rent concession shall have been
made in the case of any lease heretofore or hereafter
entered into, it shall be unlawful and a violation of
this Act for any person knowing of such concession, to exhibit such
lease to any purchaser or lessee or prospective
purchaser or lessee of real estate, any part of which is
covered by the lease, or to any lender of money, or prospective
lender of money on such real estate or
any part thereof as security, unless such lease shall bear the
legend and memorandum required by section 3 hereof in the case of
leases heretofore made. (765 ILCS 730/4) Sec. 4.
The terms "lessor,"
"lessee" and "person" as used
herein shall include the plural thereof and shall include
corporations. (765 ILCS 730/5) Sec. 5.
The provisions of this Act shall
have no application to farm or
agricultural property, or property used as such,
nor to any leases or evidences of leasing executed relative thereto.
(765 ILCS 730/5a) Sec. 5a.
Any person or corporation violating the
provisions of this Act, by using or
exhibiting to any person, persons or corporation any written lease
or other written evidence of leasing, not having endorsed
thereon any and all concessions as herein provided, for
the purpose of selling or effecting a sale of the
premises in question or a loan
thereon, shall be deemed guilty of a Class A misdemeanor.
(765 ILCS 730/6) Sec. 6.
Short title. This Act may be
cited as the Rental Property Utility Service Act.
(765 ILCS 735/0.01)Sec. 0.01.
Utility payments; termination and
restoration of service. Whenever, pursuant
to any agreement, either written or
verbal, a landlord or his or her agent is required to pay for any
water, gas or electrical service, and
the landlord or his or her agent does not pay for such service, the
tenant, or tenants in the event more than
one tenant is served by a common system of water, gas or electrical
service, including electrical service to
common areas, which goes through a common meter in a
single building, may pay for such service
if the nonpayment jeopardizes the continuation of the
service to the tenant or tenants, as the case may be. The utility
company shall not terminate service for such
nonpayment until the utility company mails, delivers or posts
a notice as specified in Section 3 to all tenants
of buildings with 3 or more residential apartments. Upon
receipt of such payment of the past due cost of
such water, gas or electrical service owed by the landlord, the
provider of such service shall immediately restore service to such
tenant or tenants. In the alternative, the
provider of such service shall immediately
restore and continue such service to any tenant
who (a) requests that the utility put the bill in
his or her name;
(b) establishes satisfactory credit references or provides
for and pays a security deposit pursuant to
the rules and regulations of the Illinois Commerce Commission
applicable to applicants for new utility service;
(c) agrees to pay future bills. Any sums the tenant or
tenants, as the case may be, pay for water, gas or
electrical service that the landlord or
his or her agent was required to pay may be
deducted from the rent due by the tenant or tenants, and the total
rent is diminished by the amount the tenant or tenants,
as the case may be, have paid for the continuation of the water, gas
or electrical service. (765 ILCS 735/1) Sec. 1.
Definitions. As used in this Act:
leases, oral agreements, and any
other understandings or contracts reached between a landlord and a
utilities" means that the utility service to one or more rental
dwelling units in a building is registered
by an individual meter for each dwelling unit.
utilities" means that the utility
service to a building with one or more rental dwelling
units is registered by a single meter for
"Landlord" includes the owner
of a building, the owner's agent, and the lessor of a building.
"Tenant" includes occupants of a
building or mobile home, whether under a lease or
includes all suppliers of utility
service, including municipalities.
"Utility service" includes
electric, gas, water, or sanitary utility service rendered by
a utility company to a tenant at
a specific location. (765 ILCS 735/1.1) Sec. 1.1.
Certain tenant-paid utility
payment arrangements prohibited; Notice of change in
(a) No landlord shall rent or cause to be rented any unit
in which the tenant is responsible by agreement, implication,
or otherwise for direct payment for utility
service to the utility company and in which the utility company
billing for that service includes any service
to common areas of the building or other units or areas used or
occupied by persons other than the individual
tenant and those occupying the unit with the tenant on the
utility account, unless, before offering
an initial lease or a renewal lease,
accepting a security deposit, or otherwise entering into an
agreement with the prospective tenant to let the premises:
(1) The landlord provides the
prospective tenant with a written statement
setting forth the specific areas of the building and any
appurtenances that are served by the meter that will be in the
tenant's name and the nature of the utility uses of those areas,
including any that have not been reflected in past
utility company billings but that may arise (such as the
rental of a neighboring unit that has been vacant,
the installation of washers and driers in the basement, or the use
of the garage for mechanics);
(2) The landlord provides the prospective
tenant with copies of the utility bills for the unit for the
previous 12 months, unless waived by the tenant in writing;
(3) The landlord neither suggests nor requires the
tenant to collect any money for utility bills from
neighboring tenants whose utility usage will be reflected in the
prospective tenant's utility company billings; and
(4) The landlord sets forth in
writing the amount of the proposed rent reduction, if any,
that is offered to compensate for the tenant's
payments for utility usage outside of the tenant's
(b) No landlord shall request or cause to be effected a
(i) from landlord-paid master metered utilities to
tenant-paid individually metered utilities or
(ii) from landlord-paid to tenant-paid utilities,
regardless of the metering arrangement, during the term of a lease.
The landlord shall provide a minimum
of 30 days notice to each affected tenant before effecting such a
change in service; for tenants under a lease,
the notice shall be provided to the tenants no less than 30 days
before the expiration of the lease term.
This subsection does not prohibit the
landlord and tenant from agreeing to amend the lease to
effect such a change; the amendment must be in writing and
subscribed by both parties.
(c) Any term or condition in a
rental agreement between the landlord and
the tenant that is inconsistent with this Section is void and
(d) Nothing in this Section affects the
relationship between a utility company and its customers. (765
ILCS 735/1.2) Sec. 1.2.
Tenant remedies and burdens of proof.
(a) A residential tenant shall be entitled to recover
damages from the landlord for the utility
bills rendered in the tenant's name as a result of the landlord's
violation of this Act and which the landlord has
not paid to the utility company. The tenant shall have
the burden of establishing that the tenant was billed for
utility service as a result of the
landlord's violation of this Act. Upon proof
by the tenant that the tenant was billed an amount for service not
attributable to the unit or premises occupied by the tenant, the
landlord shall be liable to the tenant for 100% of
those utility bills. However, this sum shall be reduced by whatever
percentage of use that the court finds that the landlord has
established to have been attributable to the unit
or premises the tenant occupied during
the period that the violation continued. The
tenant may recover these damages by an action at law or by
a counterclaim in any action brought by the
landlord against the tenant. The court may treble the damage
award when the court finds that the landlord's violation of this Act
was knowing or intentional. The tenant may
also recover costs and fees, including attorneys fees, if the amount
awarded by the court for utility service is in excess of $3,000. The
remedies contained in this Act do not
limit or supersede any remedies the
tenant may have under a lease, contract, or
the laws, including the common law, of this State.
(b) This Section shall be prospective in application;
the remedies shall not attach to any violation that occurred
before July 1, 1992.
(c) Nothing in this Section
affects the relationship between a utility company and its
customers. (765 ILCS 735/1.3) Sec. 1.3.
Prohibition on termination of utility
service by landlord.
No landlord shall cause or request utility service to tenants to
be interrupted, discontinued, or terminated in an occupied
(i) by nonpayment of utility bills for which
the landlord has assumed responsibility by agreement or
by implication (such as where the
utilities are master metered) or
(ii) by tampering with equipment or lines. This Section does
not prohibit temporary utility shutoffs
in cases of emergencies such as gas leaks or fire or,
upon 7 days written notice to each affected tenant, temporary
shutoffs required for building repairs or rehabilitation. (765
ILCS 735/1.4) Sec. 1.4.
Receivership; utility service termination.
(a) Tenants, upon receiving notice of utility
service termination pursuant to Section 1,
and utility companies may petition the circuit court, or any court
having jurisdiction, for appointment of a receiver of
rents due for use and occupancy of the building. No one building may
be the subject of more than 2 such petitions in any consecutive 12
month period. The petition shall be served upon the landlord
at his or her last known address
and upon the utility company which has rendered
notice of termination of utility service,
except when the utility company is the
petitioner. Upon a finding that the tenants' utility
service is subject to termination or has been terminated as a result
of an amount due and owing by the
landlord to the utility company, the court shall appoint a receiver
who shall be authorized to collect rents due from
the tenants for use and occupancy of the building. The court
shall also design a payment plan through which the
receiver shall be required to remit to
the utility company such portion of the funds as
are necessary for payment of current utility bills incurred
during the term of the receivership,
including any security deposit requested by the utility in
accordance with the rules and regulations of the Illinois Commerce
Commission. The receiver shall remit the
remainder of the collected rents as the court shall
direct, taking into consideration the ordinary and
necessary expenses of the property
including, but not limited to, repair, maintenance, other utility
bills, property taxes, arrearages which were
the subject of the petition, and any capital
expenditures deemed necessary by the court. The landlord or
his or her
agent shall be liable for arrearages due to
the utility company which the court in its payment plan determines
cannot feasibly be remitted by the receiver from the collected
rents within 12 months.
(b) Within 10 days of the appointment of the receiver,
during which time the utility company shall not discontinue service
to the building for reason of nonpayment, such receiver
shall make a determination as to whether or not the
rents due for the use and occupancy of the building can reasonably
be expected to be sufficient to pay current bills and to pay
any security deposit which may be requested by the utility.
Upon a determination by the court that the rents due for the use and
occupancy of the building cannot reasonably be
expected to be sufficient to pay current bills and to pay any
security deposit which may be requested by the utility, such
receivership shall be terminated.
(c) In the event that a petition for
receivership is filed after utility service has been terminated,
service shall be restored as soon as the
utility company receives notice that a
receiver has been appointed. The receiver shall make all
reasonable efforts to provide to the utility access to the
building at all times.
(d) Any receivership established pursuant to this
Section shall be terminated by the court upon its finding that the
arrearage which was the subject of the petition
has been satisfied or upon its finding that the income from the
building has become insufficient to pay
current utility bills and retire the
arrearages as ordered by the court and shows no reasonable
likelihood of becoming sufficient. (765 ILCS 735/2) Sec. 2.
(a) A landlord's violation of Section 1.4 entitles the
residential tenant to damages from the landlord in the amount of a
100% abatement of the rental obligation for each
month, and prorated for each part of a month, that the utility
service was terminated and to
consequential damages. The tenant has a duty to mitigate
(b) When utility service is
terminated as a result of the
landlord's violation of Section 1.4 under circumstances
demonstrating the landlord's deliberate or reckless
indifference or wilful disregard for the rights of the tenants, or
bad faith, the court may additionally award each affected
residential tenant in the building statutory damages up to
$300 each or the sum of $5,000 divided by the number of affected
tenants, whichever is less. (765 ILCS 735/2.1) Sec. 2.1.
Recovery of damages; costs and fees.
In the case of a petition
filed on or after July 1, 1992, where termination of
utility service is averted as a result of action taken by the
utility company or tenant or tenants under Section 2, the petitioner
is entitled to recover its costs (including court costs), fees
(including attorney's fees), and expenses incurred in
connection with bringing the
receivership proceeding. The costs, fees, and expenses, and damages
recoverable under Section 2.1, may be awarded by the court in the
receivership proceeding. The sum awarded by the court to the utility
company shall be paid by the receiver to the utility company out of
the rents paid to the receiver. (765 ILCS 735/2.2) Sec. 2.2.
Notice of utility service termination.
The utility company shall notify
all tenants of buildings with 3
or more residential apartments of the proposed termination of
utility service. This notice
shall contain the following information:
(1) the specific date, no sooner than 10 days after the
notice is rendered, that utility service is subject to
(2) a statement of the tenants' statutory right either
(A) to pay the utility company the amount due and owing by
the landlord and to deduct the amount paid to the
utility company from the rent due on the rental agreement or
(B) to petition the court for appointment
of a receiver to collect the rents due for use and occupancy of
the building and remit a portion to the utility company for
payment of utility bills;
(3) the dollar amount of the utility bills due and owing
on the date such notice is given and the average monthly
utility bill; and
(4) the name and telephone number of any legal services
agency within the utility company's service area where the tenants
may obtain free legal assistance. Any notice
provided to tenants of a building under this Act shall be of a
conspicuous size, on red paper, and in at least 14 point
bold face type, except that the words "notice of (utility
service) termination" shall be in 36 point bold face type
if the notice is posted, and shall state:
It is unlawful for the landlord or his or her agent to alter,
deface, tamper with, or remove this notice. A landlord or his or her
agent who violates this
provision is guilty of a Class C
misdemeanor. (765 ILCS 735/3) Sec. 3.
The lessor, landlord or his agent shall
not increase rent paid by the lessees or
tenants of the building in order to collect all or part of the
amount lawfully deducted for utility service pursuant to this
Act. (765 ILCS 735/4) Sec. 4.
Nothing in this Act shall be construed to
prevent a utility company from pursuing any other action
or remedy that it may have against
the lessor, landlord or his agent for any amounts due and owing to
the utility company and nothing in this Act shall be
construed to prevent a utility company from acting in the
interest of public safety. (765 ILCS 735/5) Sec. 5.
Short title. This Act may be cited as the
Tenant Utility Payment Disclosure Act.
(765 ILCS 740/1) Sec. 1.
Disclosure of utility payments included in rent.
(a) No landlord may demand payment
for master metered public utility services
pursuant to a lease provision providing for tenant
payment of a proportionate share of public utility service
without the landlord first providing the
tenant with a copy in writing either as part of the lease or another
written agreement of the formula used by the
landlord for allocating the public
utility payments among the tenants. The total of
payments under the formula for the building as a whole for a
billing period may not exceed the sum demanded by the public
utility. The formula shall include
all those that use that public utility service and may reflect
variations in apartment size or usage. The landlord
shall also make available to the tenant upon request a copy of
the public utility bill for any billing period for which
payment is demanded. Nothing herein shall
preclude a landlord from leasing property to
a tenant, including the cost of utilities, for
a rental which does not segregate or allocate the cost of the
(b) No condominium or common
interest community association may demand payment for master metered
public utility services from a unit owner of
a proportionate share for public utility service without the
condominium or common interest community association first providing
the unit owner with a copy in writing of the formula used by the
association for allocating the public utility payments among the
unit owners. The total of payments under the
formula for the association as a whole for the annual budgeted
billing period may not exceed the sum demanded by
the public utility, provided however, that the board of directors of
the association may direct that any payments received by the
association in excess of actual utility bills be applied to other
budgeted items having a deficit, or be applied to the
association's reserve fund, or be credited
to the account of the unit owners for the
following year's budget. The formula shall include
all those that use that public utility
service and may reflect, but is
not limited to, percent interest, unit size, or
usage. The condominium or common
interest community association shall also make available
to the unit owner upon request a copy of the public utility bill for
any billing period for which payment
is demanded. A condominium association shall have
the right to establish and maintain a system of master
metering of public utility services pursuant
to Section 18.4 of the Condominium Property Act. A common
interest community association shall have the right
to establish and maintain a system of master
metering of public utility services pursuant to Section 18.5 of the
Condominium Property Act. (765 ILCS 740/5) Sec. 5.
This Act shall regulate and determine legal
rights, remedies and obligations of the parties to any lease of a
mobile home or mobile home lot in a mobile home park containing
five or more mobile homes within this
State. Any lease, written or oral, shall be unenforceable
insofar as any provision thereof
conflicts with any provision of this Act. (765 ILCS
745/1) Sec. 1.
Any person whether or not
a citizen or resident of this State,
who owns, holds an ownership or beneficial interest in,
uses, manages or possesses real estate situated in
this State, submits himself or
his personal representative to the
jurisdiction of the courts of this State as to any action proceeding
for the enforcement of an obligation arising under this Act. (765
ILCS 745/2) Sec. 2.
Unless otherwise expressly defined, all terms
in this Act shall be construed to have
their ordinarily accepted meanings or such meaning as
the context therein requires.
(a) "Person" means any legal entity,
including but not limited to, an individual, firm,
partnership, association, trust, joint stock
company, corporation or successor of any of the foregoing.
(b) "Mobile Home" means a
structure designed for permanent
habitation and so constructed as to
permit its transport on wheels, temporarily or permanently attached
to its frame, from the place of its construction to
the location or subsequent locations at which it
is intended to be a permanent habitation and
designed to permit the occupancy thereof
as a dwelling place of one or more persons, provided that any such
structure served by individual utilities and resting on a
permanent foundation, with wheels, tongue and hitch permanently
removed, shall not be construed as a "mobile home".
(c) "Mobile Home Park" or
"Park" means an area of land or lands upon which five or
more independent mobile homes are harbored for rent.
(d) "Park Owner" means the owner of a
mobile home park and any person
authorized to exercise any aspect of
the management of the premises, including any person who directly or
indirectly receives rents and has no obligation to deliver the whole
of such receipts to another person.
(e) "Tenant" means any
person who occupies a mobile home rental unit for dwelling
purposes or a lot on which he parks a mobile home for an agreed upon
(f) "Rent" means any money
or other consideration given for the right of use, possession and
occupancy of property, be it a lot
or mobile home.
(g) "Master antenna television service"
means any and all services provided by or through the facilities
of any closed circuit coaxial cable
communication system, or any microwave or similar
transmission services other than a community antenna television
system as defined in Section 11-42-11 of the Illinois
Municipal Code. (765 ILCS 745/3) Sec. 3.
Requisites for Rental or Offer of Mobile Home
or Lot for Rental. No person
shall rent or offer for rent any mobile home which does not conform
to the sanitation, housing and health codes
of the State or of the county or
municipality in which the mobile home is located.
No person shall rent or offer for rent any
lot in a mobile home park which does not conform to
subdivision ordinances of the county
or municipality in which the mobile home park is located. (765
ILCS 745/4) Sec. 4.
No park owner, after the effective date of
this amendatory Act of 1987, may require a tenant to
remove an outside conventional television
antenna, or require that a tenant subscribe to and pay
for master antenna television services
rather than use an outside
conventional television antenna. This
Section shall not prohibit an owner from supplying free master
antenna television services provided that
the price of such services, is not made a part of the rent of
the tenant. This Section also shall not prohibit a park owner from
requiring a tenant to remove an outside conventional television
antenna if such owner makes available
master antenna television services at no charge above the rental
stated in such tenant's lease. (765 ILCS 745/4a) Sec. 4a.
No mobile home park operated by the State
or the Federal Government, or park land
owned by either, and no trailer park operated for the use of
recreational campers or travel trailers shall be
subject to the provisions of this Act.
(765 ILCS 745/5) Sec. 5.
Obligation of Park Owner to Offer Written
Lease. No person shall offer a mobile home or lot for rent or
sale in a mobile home park without having first
exhibited to the prospective tenant or purchaser a copy of the lease
applicable to the respective mobile home park.
(a) The park owner shall be required to offer to each
present and future tenant a written
lease for a term of not less than 12 months, unless the parties
agree to a different term subject to existing leases which
shall be continued pursuant to their terms.
(b) Tenants in possession on the effective
date of this Act shall have 30 days after receipt of the offer for a
written lease within which to accept or reject such offer; during
which period, the rent may not be increased or any other terms and
conditions changed, except as permitted under this Act; providing
that if the tenant has not so elected he shall vacate within the 30
(c) The park owner shall notify his tenants in
writing not later than 30 days after the effective
date of this Act, that a written lease shall be available to the
tenant and that such lease is being offered in compliance with and
will conform to the requirements of this Act. (765 ILCS 745/6)
Effect of Unsigned Lease.
If the tenant shall fail to sign a written
lease which has been signed and tendered to him by the
owner and shall further provide the owner with a rejection in
writing of such offer, the tenant's continuation of
possession and payment of rent without
reservation shall constitute an acceptance of the lease with the
same effect as if it had been signed by the tenant. (765 ILCS
745/7) Sec. 7.
Renewal of Lease.
Every lease of a mobile home or lot in a
mobile home park shall contain an option which automatically renews
the lease; unless:
(a) the tenant shall notify the owners 30 days prior to the
expiration of the lease that he does not intend to renew the
(b) the park owner shall notify
the tenant 30 days prior to the expiration of the lease that the
lease will not be renewed and specify in writing
the reasons, such as violations of park rules, health
and safety codes or irregular or non-payment of rent; or
(c) the park owner elects to cease the
operation of either all or a portion of the mobile home park.
The tenants shall be entitled to at least 12 months
notice of such ceasing of operations. If 12 months
or more remain on the existing lease at the time of notice, the
tenant is entitled to the balance of
the term of his lease. If there is
less than 12 months remaining in the term of his lease,
the tenant is entitled to the balance
of his lease plus a written month to
month tenancy, at the expiring lease rate to provide him with a full
12 months notice.
All notices required under this Section shall be by
certified mail or personal service.
Certified mail shall be deemed to be effective upon the date
of mailing. (765 ILCS 745/8) Sec. 8.
The Terms of Fees and Rents.
The terms for payment of rent shall be
clearly set forth and all charges for services, ground or
lot rent, unit rent, or any other charges shall be
specifically itemized in the lease and in all billings of the tenant
by the park owner.
The owner shall not change the rental terms nor
increase the cost of fees, except as provided herein.
The park owner shall not charge a
transfer or selling fee as a condition
of sale of a mobile home that is going to remain within
the park unless a service is rendered.
Rents charged to a tenant by a park owner may
be increased upon the renewal of a lease.
Notification of an increase shall be delivered 60 days prior to
expiration of the lease. (765 ILCS 745/9) Sec. 9.
Waiver of Provisions.
Any provision of a lease whereby any
provisions of this Act are waived is declared void. (765 ILCS
745/10) Sec. 10.
Provisions of mobile
home park leases. Any lease hereafter
executed or currently existing between an owner and tenant in
a mobile home park in this State shall also contain, or shall be
made to contain, the following covenants binding the
owner at all times during the term of the lease to:
(a) identify to each tenant prior to his
occupancy the lot area for which he will be responsible;
(b) keep all exterior property areas not in the
possession of a tenant, but part of the mobile home park property,
free from the species of weeds and
plant growth which are generally noxious or detrimental to the
health of the tenants;
(c) maintain all electrical, plumbing, gas or other
utilities provided by him in good
working condition with the exception of emergencies after
which repairs must be completed within a
reasonable period of time;
(d) maintain all subsurface water and sewage
lines and connections in good working order;
(e) respect the privacy of the tenants and if only the
lot is rented, agree not to enter the mobile home without the
permission of the mobile home owner, and if the mobile home is the
property of the park owner, to enter only after due notice to
the tenant, provided,the park owner or his representative may
enter without notice in emergencies;
(f) maintain all roads within the mobile home park in
(g) include a statement of all services and
facilities which are to be provided by
the park owner for the tenant, e.g. lawn maintenance,
snow removal, garbage or solid
waste disposal, recreation building, community
hall, swimming pool, golf course, laundromat, etc.;
(h) disclose the full names and addresses of all
individuals in whom all or part of the legal or
equitable title to the mobile home park is vested, or
the name and address of the owners'
(i) provide a custodian's office and furnish each
tenant with the name, address and telephone
number of the custodian and designated office. (765 ILCS
745/11) Sec. 11.
No lease hereafter executed
or currently existing between a park owner and tenant in a mobile
home park in this State shall contain any provision:
(a) Permitting the park owner to
charge a penalty fee for late payment of rent without allowing a
tenant a minimum of 5 days beyond the date the rent is due in which
to remit such payment;
(b) Permitting the park owner to charge an amount in
excess of one month's rent as a security deposit;
(c) Requiring the tenant to pay
any fees not specified in the lease;
(d) Permitting the park owner to transfer, or move, a
mobile home to a different lot, including a
different lot in the same mobile home park, during the term of the
lease. (765 ILCS 745/12) Sec. 12.
No lease hereafter executed between a
mobile home park owner and a tenant
in such a park in this State shall contain any
provision requiring the tenant to purchase a mobile home from
the park owner, or requiring that if the tenant
purchases any mobile home during the lease term that such mobile
home must be purchased from the park owner,
and no such requirement shall be made as a condition precedent to
entering into a lease agreement with any such tenant. (765 ILCS
745/12a) Sec. 12a.
The tenant shall agree at
all times during the tenancy to:
(a) Keep the mobile home unit, if he
rents such, or the exterior premises if he rents a lot, in a clean
and sanitary condition, free of garbage and rubbish;
(b) Refrain from the storage of any inoperable motor
(c) Refrain from washing all vehicles except at
an area designated by park management;
(d) Refrain from performing any major repairs of motor
vehicles at any time;
(e) Refrain from the storage of any icebox, stove,
material, furniture or similar items on the exterior premises;
(f) Keep the supplied basic facilities,
including plumbing fixtures, cooking and refrigeration
equipment and electrical fixtures in a leased mobile home unit in a
clean and sanitary condition and be
responsible for the exercise of reasonable care in their
proper use and operation;
(g) Not deliberately or negligently destroy, deface,
damage, impair or remove any part of the premises or knowingly
permit any person to do so;
(h) Conduct himself and require other persons on
the premises with his consent to conduct themselves in a manner that
will not effect or disturb his neighbors peaceful
enjoyment of the premises;
(i) Abide by all the rules
or regulations concerning the use, occupation and maintenance
of the premises; and
(j) Abide by any reasonable rules for guest
parking which are clearly stated. (765 ILCS 745/13) Sec. 13.
Rules and regulations of park.
Rules and regulations promulgated and
adopted by the park owner are enforceable against
a tenant only if:
(a) A copy of all rules and regulations was delivered by
the park owner to the tenant prior to his signing the lease;
(b) The purpose of such rules
and regulations is to promote the convenience, safety and welfare of
the tenants, preserve park property from damage or
to fairly distribute park services and facilities to the tenants;
(c) They are reasonably related to the purpose for
(d) They apply to all tenants in a fair manner;
(e) They are sufficiently explicit in
prohibition, direction or limitation of the
tenant's conduct to fairly inform him of what he must or must not do
to comply; and
(f) They are not for the purpose of evading the
obligation of the park owner.
A rule or regulation
adopted during the term of a
lease is enforceable against the tenant only if 30 days
written notice of its adoption is
given the tenant and such rule or regulation
is not in violation of the terms and conditions of the lease.
(765 ILCS 745/14) Sec. 14.
The Department of Public
Health shall produce and distribute a pamphlet
setting forth clearly, and in detail, the tenant's and park
operator's rights and obligations under this Act. The pamphlet
shall be produced within 90 days
of the effective date of this amendatory Act
Each park owner shall make these pamphlets
available to all current tenants within 60 days after
receiving the pamphlets. This requirement may be satisfied by
distributing or mailing the pamphlets
to each tenant. All new tenants shall
be offered a pamphlet at or before the time at which they are
offered a written lease.
A violation of the provisions of this
Section shall not render any lease void or voidable nor shall it
(1) A defense to any action
or proceeding to enforce the lease.
(2) A defense to any action or proceeding for breach of
the lease. (765 ILCS 745/14-1) Sec. 14-1.
Statutory grounds for eviction.
A park owner may terminate the lease and evict
a tenant for any one or more of
the following acts:
(a) Non-payment of rent due;
(b) Failure to comply with the park rules;
(c) Failure to comply with
local ordinances and State laws regulating
mobile homes. (765 ILCS 745/15) Sec. 15.
Improper grounds for eviction.
The following conduct by a tenant shall not constitute grounds
for eviction or termination of the lease, nor
shall a judgment for possession of the premises be entered
against a tenant:
(a) As a reprisal for the tenant's effort to secure or
enforce any rights under the lease or
the laws of the State of Illinois, or its governmental subdivisions
of the United States;
(b) As a reprisal for the tenant's
good faith complaint to a governmental
authority of the park owner's alleged
violation of any health or safety law, regulation, code or
ordinance, or State law or regulation
which has as its objective the regulation of premises
used for dwelling purposes;
(c) As a reprisal for the tenant's being an organizer
or member of, or involved in any activities relative to a home
owners association. (765 ILCS 745/16) Sec. 16.
Notice required by Law.
The following notice shall
be printed verbatim in a clear and
conspicuous manner in each lease or rental agreement of a mobile
home or lot:
"IMPORTANT NOTICE REQUIRED BY LAW:
The rules set forth below govern the
terms of your lease of occupancy
arrangement with this mobile home park. The law requires all
of these rules and regulations to be fair and reasonable, and
if not, such rules and regulations cannot be enforced against
You may continue to reside in the park as
long as you pay your rent and abide by the rules and regulations of
the park. You may only be evicted
for non-payment of rent, violation of laws, or for violation of the
rules and regulations of the park and the terms of the lease.
If this park requires you to deal exclusively
with a certain fuel dealer or other merchant for
goods or service in connection with the use or occupancy
of your mobile home or on your mobile home lot, the price you pay
for such goods or services may not be more than the
prevailing price in this locality for similar goods and services.
You may not be evicted for reporting any
violations of law or health and building codes to
boards of health, building commissioners, the department of
the Attorney General or any other appropriate government
agency." (765 ILCS 745/17)
Security deposit; Interest.
(a) If the lease requires the tenant to provide any
deposit with the park owner for the
term of the lease, or any part thereof, said deposit shall be
considered a Security Deposit. Security Deposits shall be
returned in full to the tenant, provided that the tenant has paid
all rent due in full for the term of the lease and has
caused no actual damage to the premises. The park
owner shall furnish the tenant, within
15 days after termination or expiration of the lease, an itemized
list of the damages incurred upon the premises and the
estimated cost for the repair of each item. The tenant's failure to
object to the itemized list within 15 days shall constitute
an agreement upon the amount of damages
specified therein. The park owner's failure to furnish
such itemized list of damages shall constitute an
agreement that no damages have been incurred upon the
premises and the entire security
deposit shall become immediately due and owing to the
tenant. The tenant's failure to furnish the park owner a forwarding
address shall excuse the park owner from
furnishing the list required by this Section.
(b) A park owner of any park
regularly containing 25 or more mobile homes shall pay interest to
the tenant, on any deposit held by the park owner,
computed from the date of the deposit at a
rate equal to the interest paid by the largest commercial
bank, as measured by total assets,
having its main banking premises in
this State on minimum deposit passbook savings accounts as of
December 31 of the preceding year on
any such deposit held by the park owner for more than 6 months.
However, in the event that any portion of
the amount deposited is
utilized during the period for
which it is deposited in order to compensate the
owner for non-payment of rent or to make a good
faith reimbursement to the owner for
damage caused by the tenant, the principal
on which the interest accrues may be recomputed to reflect the
reduction for the period commencing on the first day of
the calendar month following the reduction.
The park owner shall, within 30 days
after the end of each 12-month period, pay to the tenant any
interest owed under this Section in cash, provided,
however, that the amount owed may be applied to rent due if
the owner and tenant agree thereto.
A park owner who willfully fails or
refuses to pay the interest required
by this Act shall, upon a finding by a circuit court
that he willfully failed or refused to pay, be liable for an amount
equal to the amount of the security deposit,
together with court costs and a
reasonable attorney's fee. (765 ILCS 745/18) Sec. 18.
Purchase of Goods and Services.
(a) No park owner shall restrict a
tenant in his choice of a seller of
fuel, furnishings, accessories or goods or services connected with
a mobile home unless such restriction
is necessary to protect the health or safety of the park
residents. The park owner may determine by rule or regulation
the style or quality of exterior equipment
to be purchased by the tenant from a vendor of the tenant's
Provided that no park owner shall be
required to permit service vehicles in
the park in such numbers and with such frequency
that a danger is created for pedestrian traffic in the park.
(b) No park owner shall require as a
condition of tenancy or continued tenancy
for a tenant to purchase fuel oil or bottled gas from any particular
fuel oil or bottled gas dealer or distributor.
Provided that this Section shall not
apply to a park owner who provides a
centralized distribution system for fuel oil or bottled gas, or
both, for residents therein. No park owner providing a
centralized distribution system shall charge residents more than a
reasonable retail price. (765 ILCS 745/19) Sec. 19.
Gifts, Donations, Bonus, Gratuity, Etc.
(a) Any park owner who, directly
or indirectly, receives, collects or accepts from any person any
donation, gratuity, bonus or gift, in addition to lawful
charges, upon the representation that
compliance with the request or demand will facilitate, influence or
procure an advantage in entering into an
agreement, either oral or written, for the lease or rental of
real property, or contract of sale of a mobile home, or any
park owner or his representative, who refuses to enter
into such lease or contract of sale unless he
receives, directly or indirectly, a
donation, gratuity, bonus or gift, or any park owner or
his representative who directly or
indirectly aids, abets, requests or authorizes any other
person to violate any provision of this Section, commits a violation
of this Act.
(b) Any person who pays such donation, gratuity,
bonus or gift may recover twice its value, together with costs of
the action, against any such person in violation of this Section.
(765 ILCS 745/20) Sec. 20.
If the park owner fails to substantially
conform to the lease agreement or fails to substantially
comply with any code, statute, ordinance or regulation
governing the operation of a mobile home park or the
maintenance of the premises, the tenant may, on written notice to
the park owner, terminate the lease and vacate the premises at any
time during the first 30 days of occupancy. After
the expiration of said 30 days the tenant may terminate the lease
only if he has remained in possession in reliance upon the park
owner's written promise to correct all or any part of the
condition which would justify termination by the tenant under this
Any condition which deprives the tenant of
substantial benefit and enjoyment which the park owner
shall fail to remedy within 30 days after having received
notice in writing of such condition shall constitute
grounds for the tenant to terminate the lease and vacate the
premises. No such notice shall be required where the condition
renders the mobile home uninhabitable or poses an imminent threat to
the health, welfare and safety of any occupant.
If such condition was proximately caused by
the willful or negligent act or omission of the
park owner, the tenant may recover any damages sustained as a
result of the condition including, but not limited to,
reasonable expenditures necessary to obtain adequate
substitute housing while the mobile home is uninhabitable.
The tenant may sue to enforce all Sections of
this Act and the court may award damages or grant any injunctive or
other relief. (765 ILCS 745/21) Sec. 21.
Remedies, Park Owner.
A park owner may, any time rent is
overdue, notify the tenant in writing that unless payment is made
within the time specified in the notice, not
less than 5 days after receipt thereof, the lease will
be terminated. If the tenant
remains in default, the park owner may
institute legal action for recovery of possession, rent due
and any damages.
If the tenant breaches any provision of
the lease or rules and regulations of
the mobile home park, the park owner shall notify the
tenant in writing of his breach.
Such notice shall specify the violation and
advise the tenant that if the violation shall continue for more
than 24 hours after receipt of such
notice the park owner may terminate the lease. (765 ILCS
745/22) Sec. 22.
Termination of Lease.
If a tenant shall
remain in possession of the premises
after the expiration of his lease without having notified the park
owner of his acceptance or rejection
of a renewal of the lease and without the
park owner's consent, the tenant shall pay to the park owner a sum,
not to exceed twice the monthly rental
under the previous lease, computed and pro-rated daily for
each day he shall remain in possession. (765 ILCS 745/23) Sec.
Sale of Mobile Home.
The park owner shall be enjoined and
restrained from prohibiting, limiting, restricting,
obstructing or in any manner interfering with the
freedom of any mobile home owner to:
(a) Sell his mobile home to a purchaser of his
choice, provided that the park owner shall
be allowed to promulgate any general
qualifications or lawful restrictions on park residents which
limit or define the admission of entrants to the
park. The purchaser, prior to closing, must obtain a written
and signed lease;
(b) Employ or secure the services of an independent
salesperson in connection with the sale
of said mobile home, providing that said
salesperson collects and remits all governmental taxes.
The park owner is prohibited from
imposing any fee, charge or commission
for the sale of a mobile home, except when a
mobile home owner requests the park owner or his agent
to assist in securing a purchaser for
his mobile home. A commission may be accepted for such
service subject only to the following conditions:
(1) That the exact amount of
commission or fee shall be a
percentage of the actual sales price of the mobile home; and
(2) That the maximum percentage figure for
the services in the resale of the mobile
home by park owner or his agent shall be set forth in writing prior
to the sale.
The park owner is prohibited from requiring,
upon the sale by a tenant of a
mobile home to a qualified purchaser, the removal from the park of
such mobile home unless the mobile home is less than
12 feet wide or is significantly deteriorated and
in substantial disrepair, in which case the park owner shall bear
the burden of demonstrating such fact and
must, prior to sale, have given the tenant
written notice thereof, and that unless first corrected, removal
will be required upon sale. (765 ILCS 745/24) Sec. 24.
Meetings of Tenants.
Meetings by tenants
relating to mobile home living shall not be subject to
prohibition by the park owner if such meetings are
held at reasonable hours and when facilities are available and not
otherwise in use. (765 ILCS 745/25) Sec. 25.
This Act shall be cited as the "Mobile Home
Landlord and Tenant Rights Act".
(765 ILCS 745/26) Sec. 26
Help? Visit our free online discussion