Landlord Tenant Attorney

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According to the Illinois Landlord and Tenant Act, both have rights, which can ensure they are legally protected in case of a dispute. If you think yours are being violated – either as a landlord or tenant, go through this list first before filing a lawsuit:

Rights and Responsibilities of Tenants

If you are living as a tenant in Elgin, Illinois, you should:

  • Pay rent on time and ensure the unit you are renting is kept clean and undamaged
  • Take care of any damages it sustains while you are staying there
  • Pay the utility bill on time if you are responsible for it, according to the lease
  • Give the landlord written notice when you want to move out, especially if you don’t want to lose your security deposit. This should be done 30 days before you must move out, so the landlord has sufficient time to procure a new tenant and offset the cost loss
  • Demand a written lease from the landlord to clear up future misunderstandings

Also, according to the Illinois Retaliatory Eviction Act, you cannot be evicted from the premises because of a government complaint made against you, such as from home inspectors and animal rights groups.

Rights and Responsibilities of Landlords

As a landlord who leases properties to tenants in Illinois, you should:

  • Make all required repairs in the rental space, from general upkeep to installing new HVAC units, if needed
  • Not interfere in a tenant’s ‘covenant of quiet enjoyment’ i.e. do anything that disrupts their peace. One of the prime examples of this is coming into their rental space unannounced or without their consent
  • Make and maintain reasonable rules and regulations
  • Charge late or missed fees for late rent or if you don’t receive rent at all. However, the amount has to be reasonable as well. However, make sure this fee is mentioned in the lease or it will not be enforceable in a court of law
  • Maintain the rental unit to ensure it is always in top living conditions
  • Not increase the rent in a discriminatory manner or in retaliation
  • Also, according to the Illinois Landlord and Tenant Laws, the landlord must return the security deposit to the tenant within 45 days of them moving out if:
  • The building or apartment complex has over five (5) units at least
  • The tenants paid all their rent on time every time
  • The rental unit is undamaged and was cleaned before the tenants moved out

If their deposit is withheld, the landlord must provide an itemized statement of the damages, along with the receipts of the payments made to fix them in 30 days from the date the tenants moved out.

If you are looking for an attorney in Elgin, Illinois, to settle a landlord or a tenant dispute, get in touch with at the Casement Group, PC today by calling 847-888-9300. We have years of experience representing both in Elgin and can ensure you receive the compensation you deserve.