Illinois Lease Agreement refers to a lease agreement created between the landlord and the tenant in the state of Illinois, USA. Such agreements can be used for both residential and commercial properties and, for the landlord to rent space in his property to someone in need in the exchange for the payment of rent.
As per Illinois state law, a person renting the house for one year must give at least 60 days notice period before leaving the house. In addition, a landlord may have to face criminal charges if he fails to maintain the property in a way that it is detrimental to the health and safety of the tenant. A landlord must also bring a lawsuit to evict the tenant and can’t do so forcefully.
When Is Illinois Lease Agreement Needed?
The relationship between a landlord and a tenant can get complicated if there is no proper understanding of state laws, and there is an absence of written elaborate agreement. Illinois Lease Agreement is needed to reduce the possibility of any dispute in the future between both the parties.
Lease agreement here can be of two types, one is periodic lease agreement in which the lease is automatically renewed if not terminated, other is definite terms lease in which the lease lasts for a time period decided in the lease agreement. So, the landlords and tenants have the option to choose their preference.
Purpose of Illinois Lease Agreement:
- Illinois lease laws
- To make use of unused property in accordance with state laws
- To provide space to people in need
- To reduce the possibility of any future dispute
- To keep a strong proof for the deposit given by a tenant
- To make both the parties legally bound
- To make all other details such as time period of the lease, legally bound
Inclusions In Illinois Lease Agreement
Illinois Lease Agreement, like any other lease agreement, must include basic details such names of both parties, their addresses and address of the property involved. Other crucial details such as time period of the lease, maintenance charges, damage charges, security deposit and landlord’s obligations must be included too.
This agreement helps both the parties acknowledge their rights and responsibilities. Thus, it is suggested that information regarding any additional charges, damage control, state laws and termination should be mentioned adequately.
Some more point-wise inclusions –
- Amount of rent and due date of each month
- Details of how the rent is to be paid
- Details about late fees
- Type of tenancy
- Details about any restrictions on the tenant such as repairs, paint, etc
- Information about sublease provision
- restriction on illegal activity
- Entry to Rental Property
How To Draft Illinois Lease Agreement?
A tenant first views the space and further, if interested, he should submit their credit details and references to the landlord. Landlord then reviews and verifies the tenant’s eligibility. Once the landlord approves the tenant, negotiations for the rent, terms and security deposit begin. It is only when both the parties agree, a contract or agreement is generated.
Even after the formation of an agreement, both the parties have the responsibility to read each and every clause and term one more time before signing the agreement. Once they sign the agreement, they become liable to Illinois lease laws.
Benefits Of Illinois Lease Agreement
With the help of Illinois Agreement, the landlords and the tenants living in Illinois are protected by well-defined lease laws.
Advantage of Illinois Lease Agreement –
- Perfect use of an empty space
- Protection to both the tenant and the landlord
- Both the parties stand legally bound
- Protection to the tenant from any discrimination such as caste, sex, etc
- Fair dispute resolution
- No conviction without a court order
- Set guidelines and laws for security deposit retention
- Tenant’s safety and security ensured by the law specified in the agreement
Key Clauses In Illinois Lease Agreement
It is suggested that both the parties pay close attention to all the clauses of the lease agreement.
- Disclosure clause
- Pet clause
- Liability and damage
- Dispute resolution
- Terms and termination
- Rights and obligations
What Happens When You Violate Illinois Lease Agreement?
In case of any breach or violation both the parties remain fully protected by the state housing laws. Under Illinois Lease Agreement, there is no restriction on how much deposit the landlord can charge but there is a limit on when it must be returned back to the tenant. A tenant can sue the landlord if he fails to give back the deposit in a promised time.
State law also regulates the number of notice landlords must give to tenants to raise the rent. Termination is another such significant detail for which the state has strict rules. Illinois laws specify when and how a landlord may terminate a tenancy.
If the landlord fails to provide a safe place to the tenant, he can file criminal action as per Illinois laws.
Sample Illinois Lease Agreement
There are very critical terms and clauses in the lease agreement which should be discussed with an expert in advance. It should be noted that there are laws involved in Illinois lease agreement so an expert will be best suited to explain those laws. Here is a sample of Illinois Lease Agreement created by an expert attorney. You can download it and also, customize it as per your requirement.