There are a host of laws and policies out there meant to control residential property where lease agreements are concerned. For example, look no further than Illinois landlord-tenant law if you want a rundown of how the relationship between the two is expected to work.
Rent control is one of the hot topics in leasing private residential properties to tenants. As of 1997, there is a rent control ban known as the Rent Control Preemption Act, which prevents municipalities from putting in any measures meant to exercise control over the amount of rent charged to tenants.
This is the reason for much of the details you will see below on how rent increases and other areas work.
Raise Rent In Illinois
Illinois law allows raising the rent at just about any time provided that there is enough advance notice given to tenants. However, unless the lease allows for changes during a fixed term, then a rent increase is not allowed unless it has ended. How much notice is required will be covered a bit later.
Now comes the question, what circumstances would prevent an Illinois landlord from raising the rent? As indicated before, during a fixed lease term, such a change isn't allowed without first having been placed in the lease agreement.
Additionally, retaliation is not allowed, nor is discrimination. The discrimination part in particular is based on the Federal Fair Housing Act. According to it, a landlord cannot discriminate based on any of the following factors:
- Sexual orientation
- Familial status
- Military status
While local governments are not the source of this policy, it does help to check your local laws for any further rules where discrimination is concerned.
For example, you may find that some cities in Illinois will see a rent increase as retaliation to something a tenant did if the hike happens within a year of whatever action the tenant may have taken. Examples of these tenant actions are:
- A request for repairs
- Testimony provided in court about the premises
- Capitalizing on any remedy or legal right
- Lodging complaints about safety or health with the appropriate bodies concerning the property
- Being assisted by news media or a community organization to address a violation
- Organizing or joining a union or tenants' group
While most other states have a sufficient notice requirement across the board, it's not the same in Illinois. Instead, rental prices only need to be preceded by notice if they are being increased in certain cities.
Chicago is the perfect example. Landlords who which to heighten rent prices in the city must give tenants sufficient written notice before the lease term ends. The amount of notice differs based on the lease term as seen here:
- 30 days of notice are required if the lease term is less than six months
- 60 days of notice are required if the lease term is between six months and three years
- 120 days of notice are required if the term is beyond the three-year mark.
Rent Increase Frequency
Once the notice requirements are met in the cities that require them, rent increases can happen as frequently as the landlord desires. Since Illinois has banned and hasn't sought to enact rent control laws again, nothing is preventing this.
Once a tenant signs a lease agreement and begins to pay rent, the document becomes the guiding principle for the relationship between the two. Of course, there are other principles such as Illinois eviction laws that come into play too for specific elements.
As far as rent control goes, however, there's not much of it beyond the guidelines described above.
A landlord needs to have access to the right forms at all times and Doorloop has you covered with all you need in Illinois here!
How Does the Rent Control Preemption Act Fit into the Lack of Rent Control in Illinois?
Since the act placed a ban on rent control, municipalities cannot enact any laws that aim to put limits on what a landlord can charge.
By How Much Can Illinois Landlords Increase Rent?
The lack of rent control means there is no ceiling for an increase.
How Does a Retaliatory Rent Increase Work in Illinois?
If a tenant should take certain actions such as joining a union or requesting repairs, a retaliatory increase is seen as one based on such an action.
Can the Rent for a Property in Illinois Be Raised with No Warning?
Outside of cities such as Chicago that have notice requirements, the lack of rent control in Illinois means no notice is needed.