What are your rights as a renter in IL? What to know as a tenant, tips to negotiate hikes
Illinois residents working for minimum wage make far less than they need to afford typically priced rental housing, and some advocates say the state’s ban on rent control exacerbates the affordability issue.
Bob Palmer, policy director for statewide advocacy group Housing Action Illinois, said along with the state repealing the ban on rent control, the federal government needs to invest more in public housing initiatives to promote accessible rent, especially for people with low incomes.
“At Housing Action Illinois, we believe housing is a human right,” Palmer said.
Here’s what to know as a tenant in Illinois about when a landlord can raise rent and how to negotiate increases, plus what resources are available for those who need housing assistance.
When can a landlord in Illinois raise rent?
Laws regarding when property owners or managers can raise rent depend on what type of real estate a tenant is renting and what kind of lease they use. For example, owners of mobile home parks can raise rent in three ways, according to Illinois Legal Aid Online:
The two-year lease can include a rent increase between the first and second years. It can be based on a variety of factors or formulas, as long as the tenant knows what to expect.
The park owner can increase rent by giving the tenant at least 90 days of written notice before the lease expires. The cost increase cannot go into effect until the lease is renewed. The tenant has 30 days to object to the increase and must move out if no agreement is reached with the landlord by the time the increased rent has gone into effect.
If the lease has been drafted on a month-to-month basis, the park owner must notify the tenant at least 90 days before increasing the rent.
There is no state law dictating how much a landlord can raise rent, but they cannot legally do so in retaliation or discrimination against a tenant, according to Illinois Legal Aid Online.
For those who aren’t in mobile homes, the landlord also can’t raise rent until the lease expires, unless there is a provision in the lease allowing the landlord to increase rent during the lease period.
If a lease expires and the tenant does not move out and the landlord continues accepting rent, the lease will continue on a month-to-month basis with the same terms as the original lease. The landlord must give 30 days notice to raise the rent in this situation.
Some rental laws are subject to local jurisdiction and may differ in Cook County and Chicago compared to the rest of the state. This information applies to those living outside Cook County or any other region with local ordinances that may conflict.
Palmer said the best practices for negotiating rent with landlords include letting them know about any personal factors that may affect affordability.
Additionally, Palmer advised tenants to speak with their landlord about any concerns regarding the condition of the unit – this can be especially relevant if they are trying to raise rent significantly without addressing any issues with the unit you’ve presented.
“I think in general obviously tenants, but also landlords, don’t like to go through the formal court eviction process, or even an agreement where the tenant has to move because there’s costs involved in that for both the tenant and the landlord, and it can lead to a period where the apartment is vacant and there’s rent not being collected, so I think good communication on that is very important,” Palmer said.
One of the most important things to look out for when evaluating a lease as a tenant is to confirm the document does not allow the landlord to raise rent before the termination date or renewal period, Palmer said.
You can also look out for any late fees or additional charges the landlord has outlined and decide whether it’s something you want to negotiate.
When and how can a landlord evict a tenant in Illinois?
If a tenant does not make their rent payment, their landlord must provide a five-day notice before proceeding with the eviction process, according to the Illinois State Bar Association. If the tenant pays rent in full during this five-day period, the landlord cannot evict them.
The law does not require the landlord to accept partial payments, but if they do, it may affect their ability to move forward with the eviction process, the state’s bar association says.
If a landlord is trying to evict a tenant for a lease violation not pertaining to missed rent payments, they must give seven-days’ written notice before beginning the eviction process. If the landlord accepts rent during this period, they waive their right to continue the eviction unless the tenant’s lease violation is continuing.
While some people blame homelessness on the supposed choices people have made leading up to the loss of housing, Palmer said it’s important to put people’s situations into context.
“But I think we all know people in our own lives who have those same types of problems, whether it’s lack of income, or a mental health issue, or a substance use disorder, but they’re still housed because they have some sort of social safety net from a spouse or a partner or family,” Palmer said. “But what everyone has in common who lacks housing is that they lack housing. And that’s a problem in our society that we need to address to end homelessness and make sure people can afford the rent.”
What housing assistance programs are available locally?
If you’re in search of more affordable housing in St. Clair County and you meet income eligibility guidelines, you can apply to join the waiting list for housing assistance.
You can also reach out to Illinois Department of Human Services providers for information about rent and utility assistance. The St. Clair County contact is Tiszari Green with CDBG Operations Corp. Green can be reached at tgreen@cdbgops.org or 618-274-7832, ext. 221.
A court-based rental assistance program is available in Illinois for those who have had eviction proceedings filed against them.
In Madison County, officials are accepting applications for COVID-19 era emergency rental assistance. Assistance for future months’ rent is no longer available, but you can apply for help with overdue rent and the current month of rent.
For more information about Madison County’s emergency rental assistance program, you can email rental@co.madison.il.us, or utilities@co.madison.il.us for information about the utility program.
