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Illinois Leases and Rental Agreements Laws

Lease and rental agreements are governed by state laws, which define limits on security deposits, time limits for the return of deposits, and other provisions. State laws also limit discrimination by landlords. Illinois leases and rental agreement laws place no limits on the amount of security deposits, but prohibit discrimination on the basis of having children (in addition to the usual prohibitions on discrimination).

The main provisions of Illinois leases and rental agreement laws are listed in the table below. See FindLaw's Landlord Tenant Law section for additional articles and resources.

Code Section 65 ILCS 5/11-11.1-1; 775 ILCS 5/3-105, 106; 765 ILCS 715/1
Terms of Leases Tenant holds over and landlord receives rent, presumed that new year-to-year tenancy created, absent express intent otherwise. (Demerath v. Schennum, 59 N.E.2d 348)
Deposits No limits on deposit; interest required on deposit at minimum deposit passbook savings account interest rate paid by largest commercial bank in the state if held for over 6 months and if lessor owns 25 units or more in one building or complex of buildings
Discrimination No discrimination on basis of race, color, religion, sex, creed, ancestry, national origin, physical/mental handicap; statute repealed prohibiting discrimination against children; provisions for senior citizen housing
Uniform Residential Landlord & Tenant Act Adopted? No

Note: State laws are constantly changing -- contact an Illinois landlord-tenant attorney or conduct your own legal research to verify the state law(s) you are researching.

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