Illinois rental lease agreements are important when a property owner is leasing out commercial or residential property. In order to write the perfect agreement that includes your required clauses as well as holds in a court of law, you need an Illinois rental lease agreement template.
You can find these downloadable agreement templates here. Keep reading to find out more about these agreements and what Illinois Tenant Landlord Laws are.
What Is an Illinois Lease Agreement?
An Illinois rental lease agreement officially recognizes that a landlord is leasing a property to a tenant in lieu of rent. The property in question may be residential or commercial.
The terms of these agreements should meet the needs of the tenant and the landlord. However, it is important that it abides by the statutes of Illinois Landlord-Tenant Laws. An Illinois rental lease agreement can be of many types, including:
- Commercial Lease Agreement
- Lease Agreement (with the option to purchase)
- Month to month rental agreement
- Roommate (room rental) agreement
- Standard residential lease (valid for Chicago only)
- Standard residential lease (valid outside of Chicago)
- Sublease agreement
- Termination lease letter
Illinois Landlord and Tenant Laws
Chapter 765 ICL 705 of the compiled statutes of Illinois law describes the landlord-tenant laws that are in practice in Illinois. Some of the important provisions of these laws include:
- If the tenant commits a Class X felony in the property leased under the Illinois rental lease agreement, the landlord has the option of declaring the lease void. The landlord can give the tenant 5 days notice to vacate the property.
- The landlord must return the security deposit within 30 days of the tenant vacating the premises. In case the landlord makes any deductions, the landlord should send the list of deductions to the tenant within 30 days. The remaining security amount in the latter case should be released within 15 days after the 30 day period.
- If the old tenant has vacated the property and the new tenant is moving in, the landlord has the responsibility of changing the locks or the keys to the property. This is done to ensure the safety of the new tenant.
In case the landlord does not change the locks and any theft occurs at the property, the landlord can be liable for damages of the theft.
- If the tenant is in military service and they get officially deployed to a new station for a period of more than 90 days, they have the right to terminate the lease.
- If the landlord sells the property to a new party, the new party will be liable for any security deposit that is due towards the tenant or tenants.
- A landlord does not have to give notice to the tenant for entering the property for an emergency or non-emergency issue.
Illinois Lease Disclosures & Addendums
Here are the mandatory disclosures under the Illinois laws:
If the construction of the unit is older than 1978, the landlord should disclose to the tenant if any lead paint was used in the construction of the unit.
If the landlord is granting any concession in the rent to the tenant, the lease agreement should state so. In case there is a concession in rent but the landlord does not mention so in the agreement, it can be considered a misdemeanour in Illinois.
The landlord does not have to test for radon in the property. However, in case that the landlord is aware of the presence of radon, they have the obligation to inform this to the tenant. Residences on the third floor of a property or higher do not require this disclosure.
If the tenant has to pay a part of any utility, the landlord should state the formula of calculation of the tenant’s share of that utility. Additionally, if multiple tenants will share the utility, the landlord may state so in the agreement.
Optional Disclosures & Addendums
The Illinois state laws clearly demarcate the rights of the landlord and the tenant. Yet, there are many other clauses recommended to make the agreement more transparent for both parties.
Here are some optional disclosures and addendums for Illinois rental lease agreements:
If there is any restriction on keeping pets on the premises or on the number of pets, the landlord should state so in the lease agreement.
The landlord should make it clear if the tenant gets any parking spots and the limits on the number of vehicles they can park.
Local Housing Restrictions
If there are any local housing restrictions such as noise levels, smoking and drinking policy, etc., the lease agreement may mention so.
If there is any presence of asbestos in the building, the landlord should disclose it in the lease agreement. Doing so protects the landlord from future claims and keeps the tenant vigilant and aware.
The landlord may inform the tenant about the presence of mold in the premises. They can also provide tips for protection against mold infestation.
Illinois rental lease agreements are for the best interests of both- the landlord and the tenant. Therefore, either party can add their custom clauses in the agreement.
The best way to create these agreements is by editing the Illinois rental lease agreement template offered by CocoSign. This template is attorney-created to make it valid by Illinois court laws standards. Download it right away or browse through other agreement templates that CocoSign offers.
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