Bill Text: IL HB4104 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Let the People Lift the Ban Act. Includes legislative findings and purpose. Defines terms. Excludes specified types of residences and occupancies from the Act. Includes provisions relating to rental agreements, tenant and landlord rights and obligations, tenant and landlord remedies, security deposits, retaliatory conduct, lockouts, and conflict with other provisions of law. Amends the Rent Control Preemption Act. Provides that a prohibition on a unit of local government enacting, maintaining, or enforcing an ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential or commercial property does not apply if the voters of the unit of local government have approved a referendum allowing rent control. Adds provisions about local rent control regulation, including regulation within a district, precinct, ward, or other similar subdivision of a unit of local government. Changes the home rule preemption of the Act to concurrent exercise of home rule powers by a unit rather than exclusive exercise by the State. Repeals the Retaliatory Eviction Act. Effective immediately.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced) 2024-02-20 - Added Co-Sponsor Rep. Michelle Mussman [HB4104 Detail]

Download: Illinois-2023-HB4104-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4104 Introduced , by Rep. Hoan Huynh SYNOPSIS AS INTRODUCED:
New Act
50 ILCS 825/5
50 ILCS 825/6 new
50 ILCS 825/10
765 ILCS 720/Act rep.
765 ILCS 745/18 from Ch. 80, par. 218
Creates the Let the People Lift the Ban Act. Includes legislative findings and purpose. Defines terms. Excludes specified types of residences and occupancies from the Act. Includes provisions relating to rental agreements, tenant and landlord rights and obligations, tenant and landlord remedies, security deposits, retaliatory conduct, lockouts, and conflict with other provisions of law. Amends the Rent Control Preemption Act. Provides that a prohibition on a unit of local government enacting, maintaining, or enforcing an ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential or commercial property does not apply if the voters of the unit of local government have approved a referendum allowing rent control. Adds provisions about local rent control regulation, including regulation within a district, precinct, ward, or other similar subdivision of a unit of local government. Changes the home rule preemption of the Act to concurrent exercise of home rule powers by a unit rather than exclusive exercise by the State. Repeals the Retaliatory Eviction Act. Effective immediately.
LRB103 32587 LNS 62200 b
A BILL FOR
HB4104 LRB103 32587 LNS 62200 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Let
the People Lift the Ban Act.
Section 5. Findings. The General Assembly finds that:
(1) There is a significant shortage of safe,
affordable, and healthy rental housing in the State,
especially for hundreds of thousands of lower-income
renters. One-third of residents, or nearly 1.6 million
households, depend on rental housing.
(2) The rate at which rent has increased in the State
has continued to outpace the increase in residents' real
wages, resulting in an increasing rent burden borne by
households, especially vulnerable populations. This
growing burden threatens the quality and stability of
housing available to renters.
(3) Many households that depend on rental housing are
low-income and are rent-burdened, meaning that they pay
more than 30% of the household income on rent.
Additionally, some of these households are severely
cost-burdened, meaning that the household must devote more
than 50% of the household income to paying rent, leaving

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little for other household necessities, such as health
care, education, vocational training, transportation, or
utilities.
(4) An inability to find affordable housing negatively
impacts tenants' economic stability, health and
well-being, and capacity to participate in their
communities. A lack of stable housing may limit a parent's
ability to maintain employment, a child's capacity to
succeed at school, and, for lower-income families, the
potential to escape the cycle of poverty.
(5) Tenants' inability to find and retain affordable
housing results in increased rates of involuntary
displacement, eviction, and property turnover, creating
additional burdens for landlords and property owners,
social service agencies, local governments, and the
judicial system, as well as renter households.
Section 10. Purpose. The purpose of this Act is to promote
the maintenance and expansion of the supply of healthy,
accessible, safe, and affordable rental housing, and to
establish the rights and obligations of landlords and tenants
in the rental of dwelling units in the State. This Act is
remedial in its general purpose and shall be construed
liberally to achieve its objectives.
Section 15. Definitions. As used in this Act:

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"Dwelling unit" means any structure or part of a
structure, or land appurtenant to a structure, or any parcel
of real property that is rented or available for rent for
residential use and occupancy by one or more persons who
maintain a household together, with the common areas and all
housing services, privileges, furnishings, and facilities
supplied in connection with the use or occupancy of the unit,
including garage and parking facilities. "Dwelling unit"
includes a mobile or manufactured home or mobile or
manufactured home lot where the tenant has entered into a
rental agreement to reside in the home or home lot.
"Harass" or "harassing" means knowing conduct that is not
necessary to accomplish a purpose reasonable under the
circumstances that would cause a reasonable tenant emotional
distress and does cause emotional distress to the tenant.
"Landlord" means the owner, agent, lessor, sublessor, or
the successor in interest of the owner, agent, lessor, or
sublessor of a dwelling unit or the building of which it is
part.
"Move-in fee" means the fee that a landlord charges to a
tenant that is reasonably related to the landlord's cost for a
tenant moving into the dwelling unit, including, but not
limited to, additional security costs or additional trash
removal.
"Owner" means one or more persons, jointly or severally,
in whom is vested all or part of the legal title to property,

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or all or part of the beneficial ownership, and a right to
present use and enjoyment of the premises, including a
mortgagee in possession.
"Owner-occupied" means that the residential building, or
at least a portion or one unit of a residential building,
condominium, or cooperative, is occupied by the owner of the
residential building as the owner's principal residence.
"Person" means an individual, corporation, government,
governmental subdivision or agency, business trust, estate,
trust, partnership or association, or any other legal or
commercial entity unless otherwise expressly excluded.
"Premises" means the dwelling unit and the structure of
which it is a part, facilities and appurtenances in the
dwelling unit or structure, and grounds, areas, and facilities
held out for the use of tenants.
"Rent" means all payments to be made to the landlord under
the rental agreement. When it is used as a determination of
damages, and the tenant has a subsidized rent, such as a
housing choice voucher, "rent" means the full market rent, not
the tenant rent based on income.
"Rental agreement" or "lease" means a written or oral
agreement, and any valid rules and regulations adopted under
subsection (c) of Section 45, embodying the terms and
conditions concerning the use and occupancy of a dwelling unit
and premises.
"Security deposit" means funds provided to a landlord to

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secure payment or performance of a tenant's obligations under
a rental agreement, or the obligations of the tenant for its
guests or pets, and the identifiable proceeds of the funds,
however denominated. "Security deposit" does not include rent
or fees.
"Tenant" means a person entitled, by written or oral
agreement, subtenancy approved by the landlord, or by
sufferance, to occupy a dwelling unit to the exclusion of
others.
"Written notice" means communications in writing shared as
handwritten, typed, or printed documents, mailed documents, or
electronically mailed or messaged documents.
Section 20. Exclusions.
(a) The following arrangements are not governed by this
Act:
(1) Transient occupancy in a hotel or motel.
(2) Residence at a public or private medical facility,
extended-care facility, geriatric facility, convent,
monastery, religious institution, temporary overnight
shelter, transitional shelter, educational dormitory, or
in a structure operated for the benefit of a social or
fraternal organization.
(3) Occupancy under a contract sale of a dwelling unit
if the occupant is the purchaser.
(4) Occupancy in a cooperative apartment by a

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shareholder of the cooperative.
(5) Occupancy by an employee of a landlord whose
occupancy is conditional upon employment in or about the
premises.
(6) Occupancy in a residential building in which
occupancy is limited to 6 units or fewer and that is
owner-occupied.
(7) Occupancy in a residential unit that is a
single-family home, including a single condominium unit,
if:
(A) the unit is the only residential unit leased
by the owner;
(B) the owner or immediate family member has
actually resided at the property for at least one
month in the 12 months prior to marketing the
property;
(C) the owner, not a management company,
personally manages the unit; and
(D) the owner is not a corporation.
(8) Occupancy in a dwelling unit in a hotel, motel,
inn, bed and breakfast establishment, rooming house, or
boardinghouse, but only until the dwelling unit has been
occupied by a tenant for 32 or more continuous days and
tenant pays a monthly rent, exclusive of any period of
wrongful occupancy contrary to agreement with an owner. No
landlord shall bring an action to recover possession of

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the unit, or avoid renting periodically, in order to avoid
the application of this paragraph. Any willful attempt to
avoid application of this paragraph by an owner may be
punishable by criminal or civil actions.
(b) If a residence is excluded from coverage by this
Section, the owner shall make this exclusion known to
prospective tenants in marketing materials and shall
prominently state the exclusion on any application materials
before the owner accepts any application fees, credit check
fees, or holding fees.
(c) The anti-lockout prohibition under Section 70 applies
to all dwelling units that are otherwise excluded by
paragraphs (3), (5), (6), (7), and (8) of subsection (a).
(d) A landlord may not create a rental agreement in the
form of an excluded agreement to avoid the application of this
Section.
(e) Where a mobile home owner who, as a tenant, rents a
manufactured home lot in a mobile home park, as those terms are
defined or used in the Mobile Home Landlord and Tenant Rights
Act, the park owner does not have to ensure that the mobile
home:
(1) is maintained in accordance with the habitability
standards under paragraph (3) of subsection (c) of Section
30;
(2) has adequate heat under subsection (d) of Section
30; or

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(3) is maintained free of bedbugs under subsection (d)
of Section 55.
(f) Park owners shall ensure that any lots rented to
mobile homeowners comply with subsections (Q), (R), (S), (T),
(W), and (X) of the habitability standards under paragraph (3)
of subsection (c) of Section 30.
Section 25. Rental agreements.
(a) When a landlord and a tenant enter into a rental
agreement, that rental agreement shall comply with the
requirements of this Section regardless of the duration of the
tenancy. A landlord and tenant may include in a rental
agreement any terms and conditions that are not prohibited by
this Section or other law, including rent, term of the
agreement, and other provisions governing the rights and
obligations of the parties.
(b) Any written rental agreement subject to this Section
shall contain the full names of all known occupants of the
dwelling unit leased or to be leased under the rental
agreement. The individual occupancy of the dwelling unit may
not exceed the maximum occupancy permitted elsewhere in the
applicable building code for that size unit.
(c) Rent is to be payable at the time and place agreed upon
by the parties. Unless otherwise agreed, rent is payable at
the dwelling unit at the beginning of any term of one month or
less or in equal monthly installments at the beginning of each

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month. Unless otherwise agreed, rent shall be uniformly
apportionable from day to day.
(d) Unless otherwise agreed, when a tenant pays weekly,
the tenancy shall be week to week and, in all other cases,
month to month.
(e) The following apply to an unsigned or undelivered
written rental agreement:
(1) If the landlord and tenant have agreed to a
written rental agreement, and the landlord fails to sign
or deliver the written agreement to the tenant, the
landlord's acceptance of rent, without reservation by the
landlord, gives the rental agreement the same effect as if
the landlord had signed and delivered the written rental
agreement to the tenant.
(2) If the landlord and tenant have agreed to a
written rental agreement, and the tenant fails to sign or
deliver the written agreement to the landlord, the
tenant's acceptance of possession and payment of rent,
without reservation, gives the rental agreement the same
effect as if the tenant had signed and delivered the
written rental agreement to the landlord.
(3) A written rental agreement given effect by the
operation of this subsection shall have a term of one
year.
(f) A rental agreement may not require that the tenant or
the landlord:

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(1) waive or forgo rights or remedies under this
Section, State law, or federal law;
(2) authorize a confession of judgment, or any entry
of a judgment by a court without written notice or a trial,
for any claim, including, but not limited to, debts,
liabilities, damages, and obligations, arising out of the
rental agreement;
(3) waive any written termination of tenancy notice or
manner of service of the written termination provided
under State law or this Section, summons, copy of
complaint, petition, right to notice, motion, entry of
appearance, or other documents from the court as
established through the judicial process in the manner
provided by the Code of Civil Procedure or any action,
regardless of good cause or cost;
(4) agree to a nondisparagement clause that limits any
written or oral statements, remarks, or other
communications, public or private, directly or indirectly
made by tenants regarding the landlord, property,
management, staff, officers, directors, representatives,
investors, shareholders, administrators, affiliates,
employees, affiliated corporations, divisions, or
subsidiaries;
(5) limit any liability of the tenant or landlord
arising under law or indemnify the tenant or landlord for
that liability or the costs connected with that liability;

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(6) waive the right of any party to a trial by jury;
(7) agree that the tenant will pay the landlord's
attorney's fees of a lawsuit arising out of the tenancy,
except as provided for by law. This paragraph also applies
to a mobile home owner who, as a tenant, rents a mobile
home lot in a mobile home park, as those terms are defined
or used in the Mobile Home Landlord and Tenant Rights Act;
(8) agree that either party may cancel or terminate a
rental agreement at a different time or within a shorter
time period than the other party, unless these terms are
disclosed in a separate written notice;
(9) agree that a tenant shall pay a charge, fee or
penalty in excess of $10 per month for the first $1,000 in
monthly rent plus 5% per month for any amount in excess of
$1,000 in monthly rent for the late payment of rent. This
paragraph also applies to a mobile home owner who, as a
tenant, rents a mobile home lot in a mobile home park, as
those terms are defined or used in the Mobile Home
Landlord and Tenant Rights Act;
(10) agree that a tenant shall receive a discount in
excess of $10 per month for the first $1,000 in monthly
rent plus 5% per month for any amount in excess of $1,000
in monthly rent if the tenant pays rent before a specified
date or within a specified time period in the month;
(11) agree that a landlord shall apply rent payments
to a charge other than rent, including, but not limited

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to, utilities, fines, late fees, or other charges; or
(12) agree that the landlord shall impose a fee in
excess of the reasonable cost of that expense, including,
but not limited to, credit check fees and move-in fees. A
landlord shall not rename a fee or charge to avoid
application of this paragraph.
(g) A landlord shall not enforce a provision prohibited by
this Section. If a landlord deliberately uses a rental
agreement containing any provision known by the landlord to be
prohibited, the tenant may recover actual damages or 2 months'
rent, whichever is greater.
(h) Subsection (f) applies to rental agreements entered
into on or after June 1, 2023.
Section 30. Tenant rights.
(a) In addition to any rights provided under federal or
State law, a tenant has the rights specified in this Section
under the circumstances set forth in this Section.
(b) A tenant has the following rights relating to
disclosure of costs:
(1) The tenant has the right to disclosure of utility
costs. A landlord shall disclose to the tenant whether the
landlord or tenant bears the responsibility for payment of
the cost of a utility for the dwelling unit.
(2) In rental agreements in which the tenant pays the
cost of a utility for a dwelling unit and is directly

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responsible to the utility company, the utility service
shall be individually metered to the dwelling unit and the
landlord shall disclose to the tenant in the rental
agreement the annual cost of service from the utility
providing the primary service during the previous 12
months, if known.
(3) In rental agreements in which the tenant pays the
cost of a utility for a dwelling unit to the landlord, the
landlord shall disclose to the tenant in the rental
agreement the annual cost of service from the utility
providing the primary service during the previous 12
months. If the landlord did not own the dwelling unit
during the previous 12 months or did not pay the utility
costs to the utility provider on behalf of the tenant
during the previous 12 months, the landlord may satisfy
this requirement by providing cost of service for a
similar dwelling unit, if known, or disclose to the tenant
that the utility costs are unknown to the landlord.
(4) When the landlord charges a move-in fee, the
landlord shall provide the tenant with an itemized list of
the landlord's reasonable estimate of the costs that
comprise the move-in fee and shall not charge the tenant
moving into the premises for costs associated with routine
maintenance and the upkeep of the premises.
(c) A tenant has the following rights relating to
habitability of a dwelling unit:

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(1) A tenant has the right to a dwelling that
materially complies with habitability standards and shall
have the right to a remedy when the property is not in
material compliance with habitability standards.
(2) Where the property is in a municipality that has
adopted a municipal building code or in unincorporated
areas of a county that has adopted a county building code,
the landlord and tenant may use that municipal building
code or that county building code as reference for
determining habitability standards.
(3) Habitability standards include, but are not
limited to, any of the following circumstances:
(A) floors with structural integrity, in sound
condition, and maintained in good repair, with the
safe load-bearing requirements;
(B) buildings, structures, and parts of buildings
with structural integrity, in sound condition, and
maintained in good repair;
(C) appropriate number, width, construction,
location, and accessibility of exits, stairway, fire
escape, or directional signs with structural
integrity, in sound condition, and maintained in good
repair;
(D) appropriate number, location, and
accessibility of smoke alarms, smoke detectors,
sprinkler systems, standpipe systems, fire alarm

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systems, automatic fire detectors, and fire
extinguishers;
(E) elevators with structural integrity, in sound
condition, and maintained in good repair;
(F) flush toilet, bathroom sink, bathtub or
shower, and kitchen sink with structural integrity, in
sound condition, and maintained in good repair;
(G) heating facilities and gas-fired appliances
with structural integrity, in sound condition, and
maintained in good repair;
(H) adequate heat, cold water, and hot water in
amounts and at levels and times as required by law;
(I) adequate hall or stairway lighting with
structural integrity, in sound condition, and
maintained in good repair;
(J) foundation, exterior walls, and exterior roof
with structural integrity, in sound condition,
maintained in good repair, and substantially
watertight and protected against rodents;
(K) floors, interior walls, and ceilings with
structural integrity, in sound condition, and
maintained in good repair;
(L) windows, exterior doors, and basement
hatchways with structural integrity, in sound
condition, maintained in good repair, and
substantially tight with locks or security devises,

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including deadlatch locks, deadbolt locks, sash and
ventilation locks, and front door windows or
peepholes;
(M) screens with structural integrity, in sound
condition, and maintained in good repair;
(N) stairways or porches with structural
integrity, in sound condition, and maintained in good
repair;
(O) basement and cellar with structural integrity,
in sound condition, maintained in good repair, and in
a safe and sanitary condition;
(P) facilities, equipment, and chimneys in safe
with structural integrity, maintained in good repair,
and in sound working condition;
(Q) prevention against the accumulation of
stagnant water;
(R) extermination of insects, rodents, and other
pests;
(S) adequate facilities for refuse disposal;
(T) prevention against the accumulation of
garbage, trash, refuse, or debris;
(U) adequate light and ventilation with structural
integrity, in sound condition, and maintained in good
repair;
(V) plumbing facilities, piping, fixtures,
appurtenances, and appliances with structural

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integrity, in good operating condition, and maintained
in sound repair;
(W) electrical systems, circuits, receptacles, and
devices with structural integrity, in sound condition,
and maintained in good repair;
(X) any other equipment that the landlord agrees
to or is required to supply, by any applicable law,
with structural integrity, in sound operating
condition, and maintained in good repair; and
(Y) a dwelling unit and common areas in a fit and
habitable condition and in compliance with all
applicable laws.
(d) A tenant has a right to adequate heat. From September
15 through June 1 of each year, landlords shall maintain the
temperature inside a dwelling unit to be at least 68 degrees
from 8:30 a.m. to 10:30 p.m. and at least 66 degrees from 10:30
p.m. to 8:30 a.m.
(e) A tenant has the following rights relating to
exclusive possession and to be free from unlawful entry:
(1) If the landlord fails to deliver possession of the
dwelling unit to the tenant in compliance with the rental
agreement, rent abates until the landlord delivers
possession and the tenant may:
(A) on written notice to the landlord, terminate
the rental agreement and, upon termination, the
landlord shall return within 48 hours all security

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deposits; or
(B) demand performance of the rental agreement
and, if the tenant elects, the tenant may maintain an
action for possession of the dwelling unit against the
landlord or any person wrongfully in possession and
recover the damages sustained by the tenant.
(2) A tenant may recover from the person withholding
possession an amount not more than 2 months' rent or twice
the actual damages sustained by the tenant, whichever is
greater, and reasonable attorney's fees.
(3) If the landlord makes an unlawful entry or a
lawful entry in an unreasonable manner or makes repeated
demands for entry otherwise lawful, but which has the
effect of harassing the tenant, the tenant may obtain
injunctive relief to prevent the recurrence of the conduct
or terminate the rental agreement. In each case, the
tenant may recover an amount equal to not more than 2
months' rent or twice the damages sustained by the tenant,
whichever is greater, and reasonable attorney's fees.
(f) At any time prior to the issuance of any order of
possession or eviction order made under Article IX of the Code
of Civil Procedure, the tenant has a one-time right to cure the
nonpayment of rent by paying the landlord unpaid rent, owed
from the date of nonpayment to the date of payment, together
with all filing fees and costs paid by the landlord and all
fees and costs expended by the landlord for service of

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process, but not including attorney fees. If the tenant pays
under this subsection, then the Court shall vacate any order
of possession or eviction order and dismiss the case. If the
landlord refuses to provide the total amount due, the tenant
may cure by making a good faith payment of the amount that the
tenant believes to be due.
Section 35. Tenant remedies.
(a) If the landlord is not in material compliance with the
rental agreement or with Section 30, the tenant may deliver a
written notice to the landlord specifying the items of
material noncompliance. The tenant may deliver this written
notice at any time of month. The written notice shall indicate
that the tenant will withhold rent on the next rent payment
date if the landlord has not remedied the material
noncompliance within 14 days after receipt of written notice.
The tenant may withhold an amount of rent that reasonably
reflects the reduced value of the premises. The tenant may not
withhold for a condition caused by the deliberate or negligent
act or omission of the tenant, a member of the tenant's family,
or other person on the premises with the tenant's consent.
(b) If the landlord is not in material compliance with the
rental agreement or with Section 30, the tenant may deliver a
written notice to the landlord specifying the items of
material noncompliance. The tenant may deliver this written
notice at any time of month. The written notice shall indicate

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that the tenant will terminate the rental agreement and vacate
the property if the landlord has not remedied the material
noncompliance within 14 days after receipt of written notice.
The tenant may not terminate for a condition caused by the
deliberate or negligent act or omission of the tenant, a
member of the tenant's family, or other person on the premises
with the tenant's consent. If the tenant does not vacate the
property within one month after the expiration of the 14-day
period or the end of the next rental period, whichever is
longer, then the tenant's written notice shall be deemed
withdrawn and the rental agreement shall remain in full force
and effect. If the rental agreement is terminated, the
landlord shall return the security deposit immediately upon
the tenant tendering possession.
(c) If the landlord is not in material compliance with the
rental agreement or with Section 30, the tenant may recover
damages and obtain injunctive relief for any material
noncompliance by the landlord with the rental agreement or
with Section 30. The landlord shall have an affirmative
defense to this action that the condition was caused by a
deliberate or negligent act or omission of the tenant, a
member of the tenant's family, or other person on the premises
with the tenant's consent.
(d) A tenant has the following remedies for denial of
essential services:
(1) If the landlord fails to supply heat, running

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water, hot water, electricity, gas, or plumbing that the
rental agreement requires the landlord to provide, or
Internet access if the rental agreement requires the
landlord to provide Internet access, the tenant shall
deliver a written notice to the landlord specifying the
service to be restored. If the landlord fails to correct
the condition within 24 hours after being notified by the
tenant, the tenant may:
(A) withhold from the monthly rent an amount that
reasonably reflects the reduced value of the premises
due to the material noncompliance or failure;
(B) procure reasonable amounts of heat, running
water, hot water, electricity, gas, or plumbing
service and, upon presentation to the landlord of paid
receipts, deduct the cost from the tenant's rent;
(C) recover damages based upon the diminution in
the fair rental value of the dwelling unit and
reasonable attorney fees; or
(D) procure substitute housing and not pay rent
for the period of noncompliance. The tenant may
recover the cost of reasonable value of the substitute
housing up to an amount equal to the monthly rent and
reasonable fees.
(2) In addition to the remedy under paragraph (1), the
tenant may terminate the rental agreement by written
notice to the landlord if the landlord fails to supply

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heat, running water, hot water, electricity, gas, or
plumbing that the rental agreement requires the landlord
to provide, or Internet access if the rental agreement
requires the landlord to provide Internet access, for more
than 72 hours after the tenant has notified the landlord.
If the rental agreement is terminated, the landlord shall
return all security deposits and the tenant shall deliver
possession of the dwelling unit to the landlord within 30
days after the expiration of the 72-hour time period
specified in the written notice or the end of the next
rental period, whichever is longer. The landlord shall
return the security deposit immediately upon the tenant
delivering possession. If the tenant does not vacate the
property within 30 days after the notification of
termination or the end of the next rental period,
whichever is longer, then the tenant's written notice
shall be deemed withdrawn and the rental agreement shall
remain in full force and effect.
(3) The tenant may not exercise the tenant's rights
under subsection (c) of Section 35 if the condition was
caused by the inability of a utility supplier or Internet
provider to provide service, unless the landlord caused
the inability of the utility supplier or Internet
provider, or by the deliberate or negligent act or
omission of the tenant, a member of the tenant's family,
or other person on the premises with the tenant's consent.

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(e) A tenant has the following remedies if there is a fire
or casualty:
(1) If the dwelling unit or premises is damaged or
destroyed by fire or casualty to an extent that the
dwelling unit or premises is in material noncompliance
with the rental agreement or with subsection (c) of
Section 35, the tenant may immediately vacate the premises
and notify the landlord in writing within 14 days after
vacating the premises of the tenant's intention to
terminate the rental agreement, in which case the rental
agreement terminates as of the date of fire or casualty.
(2) If continued occupancy is lawful, the tenant may
vacate any part of the dwelling unit rendered unusable by
the fire or casualty, in which case the tenant's liability
for rent is reduced in proportion to the diminution in the
fair rental value of the dwelling unit.
(3) If the tenant desires to continue the tenancy and
if the landlord has promised or begun work to repair the
damage or destruction but fails to carry out the work to
restore the dwelling unit or common area diligently and
within a reasonable time, the tenant may notify the
landlord in writing within 14 days after the tenant
becomes aware that work is not being carried out
diligently or within a reasonable time of the tenant's
intention to terminate the rental agreement, in which case
the rental agreement terminates as of the date of the fire

HB4104 - 24 - LRB103 32587 LNS 62200 b
or casualty.
(4) If the rental agreement is terminated, the
landlord shall return the security deposit within 48
hours. When the landlord accounts for rent after the
tenant has terminated the rental agreement, the landlord
may not charge rent to the tenant for any date after the
date of the fire or casualty.
(5) A tenant may not exercise remedies in this
subsection if the fire or casualty damage was caused by
the deliberate or negligent act or omission of the tenant,
a member of the tenant's family, or a person on the
premises with the tenant's consent.
(f) A tenant may withhold rent to undertake minor repairs
as follows:
(1) If the landlord is not in material compliance with
the rental agreement or with Section 30 and the reasonable
cost of compliance does not exceed $500 or one-half
month's rent, whichever amount is greater, the tenant may
notify the landlord in writing that, if the landlord does
not remedy the condition within 14 days after receipt of
the written notice or as promptly as conditions require in
case of emergency, the tenant will correct the condition
and withhold the cost of the repair from the tenant's next
rent payment. The tenant shall have work done in a
workmanlike manner. The tenant shall submit to the
landlord a paid bill from an appropriate tradesperson or

HB4104 - 25 - LRB103 32587 LNS 62200 b
supplier at the same time as deducting the amount from the
tenant's rent. The tenant may not expend or deduct more
than the amount specified in this subsection.
(2) A tenant shall not repair at the landlord's
expense or deduct rent if the condition was caused by the
deliberate or negligent act or omission of the tenant, a
member of the tenant's family, or other person on the
premises with the tenant's permission.
(3) Before correcting a condition affecting facilities
shared by more than one dwelling unit, the tenant shall
notify all other affected tenants of the tenant's plans
and so arrange the work as to create the least practicable
inconvenience to the other tenants.
Section 40. Tenant obligations. The tenant shall:
(1) comply with all obligations imposed upon tenants
by law applicable to the dwelling unit;
(2) keep the part of the premises that the tenant
occupies and uses as safe as the condition of the premises
permits;
(3) dispose from the dwelling unit all ashes, rubbish,
garbage, and other waste in a clean and safe manner;
(4) keep all plumbing fixtures in the dwelling unit or
used by the tenant as clean as conditions permits;
(5) reasonably use all electrical, plumbing, sanitary,
heating, ventilating, air conditioning, and other

HB4104 - 26 - LRB103 32587 LNS 62200 b
facilities and appliances, including elevators, in the
premises;
(6) not deliberately destroy, deface, damage, impair,
or remove any part of the premises or knowingly permit any
person to do so;
(7) not disturb the tenant's neighbors' peaceful
enjoyment of the premises; and
(8) unless otherwise agreed, only occupy the dwelling
unit as a dwelling unit.
Section 45. Landlord rights.
(a) In addition to any rights provided under federal and
State law, a landlord has the rights specified in this
Section.
(b) A landlord has the following rights of entry and
restrictions on entry:
(1) A tenant shall not unreasonably withhold consent
to allow the landlord to enter the dwelling unit to:
(A) inspect the premises or conduct inspections
authorized or required by any governmental agency;
(B) make necessary or agreed repairs, decorations,
alterations, or improvements, including when work
elsewhere in the building requires access through the
tenant's premises;
(C) supply necessary or agreed upon services;
(D) exhibit the dwelling unit to prospective or

HB4104 - 27 - LRB103 32587 LNS 62200 b
actual purchasers, mortgagees, workers, or
contractors;
(E) exhibit the dwelling unit to prospective
tenants 60 days or less prior to the expiration of the
existing rental agreement; or
(F) determine a tenant's compliance with
provisions in the rental agreement.
(2) The landlord may only enter at reasonable times,
except in case of an emergency. An entry between 8:00 a.m.
and 8:00 p.m. or at any other time expressly requested by
the tenant shall be presumed reasonable. The following
also apply to the landlord's entry:
(A) A landlord may enter the dwelling unit without
consent of the tenant in case of an emergency.
(B) The landlord shall not abuse the right of
access or use it to harass the tenant.
(C) Except in cases of an emergency, the landlord
shall give the tenant at least 2 days' written notice
of the landlord's intent to enter. The landlord shall
provide this written notice directly to each dwelling
unit by mail, telephone, or written notice or by other
reasonable means designed in good faith to provide
written notice to the tenant. If access is required
because of repair work for common facilities or
multiple apartments, a general written notice may be
given by the landlord to all potentially affected

HB4104 - 28 - LRB103 32587 LNS 62200 b
tenants that entry may be required. When access is
authorized due to an emergency, the landlord shall
give the tenant written notice of entry within 2 days
after the entry.
(D) If the tenant refuses to allow lawful access,
the landlord may obtain injunctive relief to compel
access or terminate the rental agreement. In either
case, the landlord may recover damages and reasonable
attorney's fees.
(E) If the landlord makes an unlawful entry or
entry in an unreasonable manner, or makes repeated
unreasonable demands for entry that have the effect of
harassing the tenant, the tenant may obtain injunctive
relief to prevent the recurrence of the conduct or
terminate the rental agreement. In each case, the
tenant may recover an amount equal to one month's rent
or twice the damages sustained, whichever is greater,
and reasonable attorney's fees.
(c) A landlord has a right to adopt rules and regulations
as follows:
(1) The landlord may adopt general rules or
regulations concerning the tenant's use and occupancy of
the premises. Rules and regulations are enforceable only
if in writing and if they are:
(A) made to promote the convenience, safety, and
welfare of the tenants in the premises, made to

HB4104 - 29 - LRB103 32587 LNS 62200 b
preserve the landlord's property from abusive use, or
a fair distribution of services and facilities among
tenants;
(B) reasonably related to the purpose for which
they are adopted;
(C) applied fairly to all tenants in the premises;
(D) sufficiently clear to inform the tenant of
what the tenant must or must not do to comply;
(E) not for the purpose of evading the obligations
of the landlord; and
(F) not for the purpose of preventing tenants to
assemble or otherwise communicate with each other
about the premises.
(2) A rule or regulation adopted after the tenant
enters into the rental agreement that substantially
modifies the rental agreement is not enforceable unless
the tenant consents in writing.
Section 50. Landlord remedies.
(a) The landlord has the following remedies when the
tenant fails to pay rent:
(1) If the tenant is not in material compliance with
the obligation to pay rent, the landlord may deliver to
the tenant a written notice of the landlord's intention to
terminate the rental agreement. The landlord shall serve
the written notice in compliance with State law. If the

HB4104 - 30 - LRB103 32587 LNS 62200 b
tenant does not materially comply with the written notice
within 5 days after receipt, the landlord may file an
eviction action to terminate the rental agreement.
(2) Nothing in this subsection shall affect a
landlord's obligation to provide notice of termination of
tenancy in subsidized housing as required under federal
law or regulations.
(3) A landlord may also maintain an action for rent or
damages without terminating the rental agreement.
(b) If the landlord alleges that the tenant is not in
material compliance with a rental agreement or the obligations
in Section 40, the landlord may deliver written notice to the
tenant specifying the acts and omissions constituting the
alleged breach. The landlord shall serve the written notice in
compliance with State law. The written notice may provide that
the rental agreement will terminate upon a date no less than 10
days after the date of the written notice. The tenant shall
have the amount of time specified in the written notice to
remedy any alleged breach by the tenant prior to the date of
termination. If the breach is not remedied, the landlord may
file an eviction to terminate the rental agreement, as
provided in the written notice. The landlord may recover
damages and obtain injunctive relief for any material
noncompliance by the tenant with the rental agreement or the
obligations in Section 40. If the landlord does not file an
eviction action within 30 days after the notification of

HB4104 - 31 - LRB103 32587 LNS 62200 b
termination or the end of the next rental period, whichever is
longer, then the landlord's written notice shall be deemed
withdrawn and the rental agreement shall remain in full force
and effect.
(c) The landlord has the right to determine abandonment of
the dwelling unit and dispose of personal property. The
landlord may determine that the tenant has abandoned the
dwelling unit and personal property in the following
circumstances:
(1) The tenant has provided written notice to the
landlord indicating the tenant's intention not to return
to the dwelling unit.
(2) All persons entitled under a rental agreement have
been absent from the dwelling unit for a period of 32 days,
or for one rental period when the rental agreement is for
less than a month, and the persons have removed their
personal property from the premises and rent for that
period is unpaid. However, if any person entitled to
occupancy provides the landlord with written notice
indicating that a tenant intends to occupy the dwelling
unit and make full payments of all amounts due to the
landlord, then the landlord may not determine that the
tenant has abandoned the property.
(3) If the tenant abandons the dwelling unit, the
landlord shall make a good faith effort to rent it at a
fair rental value. A good faith effort includes the

HB4104 - 32 - LRB103 32587 LNS 62200 b
acceptance of reasonable subleases. If the landlord
succeeds in renting the dwelling unit at a fair rental
value, the tenant shall only be liable for the amount by
which the rent due from the date of abandonment to the
termination of the initial rental agreement exceeds the
fair rental value subsequently received by the landlord
from the date of abandonment to the termination of the
initial rental agreement. If the landlord makes a good
faith effort to rent the dwelling unit at a fair rental
value and is unsuccessful, the tenant shall be liable for
the rent due for the period of the rental agreement. The
tenant shall also be liable for reasonable advertising and
redecoration costs incurred by the landlord in re-renting
the dwelling unit.
(4) Unless otherwise agreed, if, upon termination of a
tenancy, including, but not limited to, a termination
after expiration of a lease or by surrender or abandonment
of the premises, a tenant has left personal property on
the premises, and the landlord reasonably believes that
the tenant has abandoned the personal property, the
landlord may dispose of the property according to the
following procedures:
(A) If the landlord in good faith reasonably
determines that the tenant has left personal property
that is valueless or of such little value that the cost
of storing and conducting a sale would probably exceed

HB4104 - 33 - LRB103 32587 LNS 62200 b
the amount that would be realized from the sale, the
landlord shall retain the property either in the
dwelling unit or remove and store the abandoned
property from the dwelling unit and may dispose of the
property after 7 days. The landlord shall not be
required to provide written notice to the tenant of
the landlord's intent to dispose of property pursuant
to this subsection.
(B) If the landlord in good faith reasonably
determines that the tenant has left personal property
that has value, the landlord shall notify the tenant
in writing of the landlord's demand that the tenant
remove the property within dates set forth in the
written notice, but no less than 7 days after delivery
of the written notice. The landlord may deliver this
written notice by posting it in a prominent location
inside the dwelling unit or on the front door of the
dwelling unit or by electronic means if the parties
had previously communicated electronically.
(C) If the tenant does not remove the property
within the time specified, the landlord may sell the
property at a public sale or at a commercially
reasonable private sale. The landlord may retain the
proceeds of the sale to recover any rent owed by the
tenant to the landlord. If the proceeds, less
reasonable costs incurred by the sale or storage,

HB4104 - 34 - LRB103 32587 LNS 62200 b
exceed any rent owed to the landlord, the landlord
shall retain the proceeds for one year. If the tenant
does not claim the proceeds within one year, the
proceeds shall be the property of the landlord.
(5) At any time that the landlord is storing personal
property pursuant to this subsection, the landlord shall
exercise reasonable care of the property, but shall not be
responsible to the tenant for any loss except for damage
caused by the landlord's deliberate or negligent act or
omission. The landlord may elect to store the property in
or about the previously vacated premises. The landlord
shall be entitled to the cost of storage for the period of
time that the property has remained in the landlord's
safekeeping. In this case, the storage shall not exceed
commercially reasonable storage rates. If the tenant's
property is removed to a commercial storage company, the
storage cost shall include the actual charge for the
storage and removal from the premises to the place of
storage.
(6) If the tenant timely responds in writing of the
tenant's intention to remove the personal property from
the premises and does not do so within the time period in
the landlord's written notice or a mutually agreeable
date, whichever is later, it is conclusively presumed that
they have abandoned the property.
(d) If the landlord accepts rent, including holding

HB4104 - 35 - LRB103 32587 LNS 62200 b
payment, knowing that the landlord alleges a lease violation,
including a default in the payment of rent by the tenant, the
landlord waives the right to terminate the rental agreement
for that breach.
(e) If the rental agreement is terminated, the landlord
may file a claim for possession or for rent and a separate
claim for damages for breach of the rental agreement.
(f) No tenant shall be required to renew a rental
agreement more than 60 days prior to the termination date of
the rental agreement. If the landlord violates this
subsection, the tenant shall recover one month's rent or
actual damages, whichever is greater.
The landlord shall notify the tenant in writing at least
60 days prior to the stated termination date of the rental
agreement of the landlord's intent to terminate a
month-to-month tenancy or not renew an existing rental
agreement. If the landlord fails to give required written
notice, the tenant may remain in the dwelling unit for up to
120 days after the date on which the required written notice is
given to the tenant, regardless of the date specified in the
existing rental agreement. During the 120 days, the terms and
conditions of the tenancy shall be the same as the terms and
conditions during the last month of tenancy.
Section 55. Landlord obligations.
(a) The landlord shall maintain the premises in compliance

HB4104 - 36 - LRB103 32587 LNS 62200 b
with all applicable provisions of law, including subsection
(c) of Section 30, and shall promptly make any and all repairs
to fulfill this obligation.
(b) The landlord and tenant of any dwelling unit may agree
that the tenant is to perform specified repairs, maintenance
tasks, alterations, or remodeling only if:
(1) the agreement of the parties is entered into in
good faith and not for the purpose of evading obligations
of the landlord and is set forth in a separate writing
signed by the parties and supported by adequate
consideration; and
(2) the agreement does not diminish or affect the
obligation of the landlord to other tenants on the
premises.
(c) A landlord has the following obligations relating to
providing a written notice concerning habitability:
(1) Before a tenant initially enters into or renews a
rental agreement for a dwelling unit, the landlord, or any
person authorized to enter into a rental agreement on the
landlord's behalf, shall disclose to the tenant in
writing:
(A) any code violations which have been cited by
the municipality or other oversight body during the
previous 12 months for the dwelling unit and common
areas and provide written notice of the pendency of
any code enforcement litigation or administrative

HB4104 - 37 - LRB103 32587 LNS 62200 b
hearing. The written notice shall provide the case
number of the litigation or the identification number
of the administrative hearing proceeding and a listing
of any code violations cited; and
(B) any notice of intent by the municipality or
any utility provider to terminate water, gas,
electrical, or other utility service to the dwelling
unit or common areas. The disclosure shall state the
type of service being terminated, the intended date of
termination, and whether the termination will affect
the dwelling unit, common areas, or both.
(2) If the landlord fails to comply with this
subsection, the tenant may terminate the rental agreement
by written notice. The written notice shall specify the
date of termination no later than 30 days after the date of
written notice. In addition, if a tenant, in a civil
proceeding against an owner or landlord, establishes that
the landlord has violated this subsection, the tenant
shall be entitled to recover one month's rent or actual
damages, whichever is greater, and reasonable attorney's
fees.
(d) A landlord has the following obligations to maintain
the premises free from bedbugs:
(1) Landlords subject to this Section must provide to
all prospective and current lessees with a copy of the
current, approved United States Environmental Protection

HB4104 - 38 - LRB103 32587 LNS 62200 b
Agency pamphlet on bedbug prevention, detection, and
control.
(2) In any rental dwelling unit in which an
infestation of bedbugs is found or reasonably suspected,
it is the responsibility of the landlord to:
(A) provide pest control services by a pest
management professional licensed under the Structural
Pest Control Act until no evidence of bedbugs can be
found; and
(B) maintain a written record of the pest control
measures performed by the licensed pest management
professional on the rental dwelling unit. The record
shall include reports and receipts prepared by the
licensed pest management professional. The record
shall be maintained for 3 years and shall be open to
inspection by authorized local personnel, including,
but not limited to, employees of the departments of
health and buildings.
(3) In any rental multiple dwelling unit building in
which an infestation of bedbugs is found or reasonably
suspected, it is the responsibility of the landlord to:
(A) provide pest control services by a licensed
pest management professional until no evidence of
bedbugs can be found within the building or portion of
the building, including the individual rental dwelling
units; and

HB4104 - 39 - LRB103 32587 LNS 62200 b
(B) maintain a written record of the pest control
measures performed by the licensed pest management
professional on the building. The record shall include
reports and receipts prepared by the pest management
professional. The record shall be maintained for 3
years and shall be open to inspection by authorized
local personnel, including, but not limited to,
employees of the departments of health and buildings.
(4) A landlord shall provide the pest control services
within 10 days after:
(A) a bedbug is found or reasonably suspected
anywhere on the premises; or
(B) being notified in writing by a tenant of a
known or reasonably suspected bedbug infestation on
the premises or in the tenant's rental dwelling unit.
(5) The extermination of bedbugs shall be by
inspection and treatment, and if necessary, the inspection
and treatment of the dwelling unit on either side of the
affected dwelling unit and the dwelling unit directly
above and below the affected dwelling unit. This pattern
of inspection and treatment shall be continued until no
further infestation is detected.
(6) The tenant shall notify the landlord in writing of
any bedbug detection within 48 hours after noticing the
presence of any bedbugs.
(7) If the landlord fails to notify the tenant of the

HB4104 - 40 - LRB103 32587 LNS 62200 b
intention to comply with this subsection after receipt of
written notice, the tenant may terminate the rental
agreement by written notice. However, the tenant may
exercise the right to terminate the rental agreement only
if the tenant first gives the landlord written notice of
the landlord's breach of this Section and the landlord
does not remedy the breach within 2 business days after
the tenant delivered the written notice of breach. The
written notice that the tenant intends to terminate the
rental agreement shall specify the date of termination no
later than 30 days after the date of written notice. The
written notices required by this Section may be delivered
electronically if the parties have previously communicated
electronically. In addition, if a tenant in a civil
proceeding against an owner or landlord establishes that a
violation of this Section has occurred, the tenant shall
recover one month's rent or actual damages, whichever is
greater, and reasonable attorney's fees. The tenant does
not have this remedy if the tenant unreasonably refused to
cooperate with or unreasonably delayed the extermination
process.
(e) The landlord has an obligation to disclose lead
hazards as follows:
(1) The landlord must follow all applicable local,
State, and federal regulations regarding the presence of
lead and must specifically:

HB4104 - 41 - LRB103 32587 LNS 62200 b
(A) provide all prospective and current lessees
with a copy of the current, approved United States
Environmental Protection Agency pamphlet on lead-based
paint disclosure; and
(B) disclose any known lead hazards.
(2) If the landlord fails to comply with paragraph (1)
after receipt of a written notice of the landlord's
failure, the tenant shall recover one month's rent or
actual damages, whichever is greater, and reasonable
attorney's fees.
(f) The landlord has an obligation to disclose information
about ownership, management, and agents as follows:
(1) The landlord or any person authorized to enter
into a rental agreement on the landlord's behalf shall
disclose to the tenant in writing, on or before the
commencement of tenancy, the name, address, and telephone
number of:
(A) the owner or person authorized to manage the
premises; and
(B) a person authorized to act for or on the behalf
of the owner for the purpose of service of process and
for the purpose of receiving of notices and demands.
(2) A person who fails to comply with this subsection
becomes an agent of each person who is a landlord for the
purpose of:
(A) service of process and receiving of notices

HB4104 - 42 - LRB103 32587 LNS 62200 b
and demands; and
(B) performing the obligations of the landlord
under this Section and under the rental agreement and
expending or making available for that purpose all
rent collected from the premises.
(3) The information required to be furnished by this
Section shall be kept current.
(4) This Section extends to any successor landlord,
owner, or manager.
(5) If the landlord fails to comply with this
subsection after receipt of a written notice of the
landlord's failure, the tenant may terminate the rental
agreement by written notice. However, the tenant may
exercise the right to terminate the rental agreement only
if the tenant first gives the landlord written notice of
the landlord's breach of this Section and the landlord
does not remedy the breach within 2 business days after
the tenant delivered the written notice of breach. The
written notice that the tenant intends to terminate the
rental agreement shall specify the date of termination no
later than 30 days after the date of written notice. The
written notices required by this Section may be delivered
electronically if the parties have previously communicated
electronically. In addition, if a tenant in a legal
proceeding against an owner or landlord establishes that a
violation of this Section has occurred, the tenant shall

HB4104 - 43 - LRB103 32587 LNS 62200 b
recover $200 in damages in addition to any other damages,
attorney's fees, or remedies to which the tenant may also
be entitled.
(g) The landlord has an obligation to disclose foreclosure
as follows:
(1) Within 7 days after being served a foreclosure
complaint, an owner or landlord of property that is
subject to the foreclosure complaint shall disclose, in
writing, to all tenants of the property that a foreclosure
action has been filed against the owner or landlord. An
owner or landlord shall also disclose, in writing, the
notice of a foreclosure to any other third party who has a
consistent pattern and practice of paying rent to the
owner or landlord on behalf of a tenant.
(2) Before a tenant initially enters into a rental
agreement for a dwelling unit, the owner or landlord shall
also disclose, in writing, that the owner or landlord is
named in a foreclosure complaint.
(3) The written disclosure shall include the court in
which the foreclosure action is pending, the case name,
and the case number and shall include the following
language:
"This is not a notice to vacate the premises. This
notice does not mean ownership of the building has
changed. All tenants are still responsible for payment of
rent and other obligations under the rental agreement. The

HB4104 - 44 - LRB103 32587 LNS 62200 b
owner or landlord is still responsible for the owner's or
landlord's obligations under the rental agreement. You
shall receive additional notice if there is a change in
ownership.".
(4) If the owner or landlord fails to comply with this
subsection, the tenant may terminate the rental agreement
by written notice. The written notice shall specify the
date of termination no later than 30 days after the date of
written notice. In addition, if a tenant in a civil
proceeding against an owner or landlord establishes that a
violation of this Section has occurred, the tenant shall
recover $200 in damages in addition to any other damages,
attorney's fees, or remedies to which the tenant may also
be entitled.
(h) The liability of a landlord or manager is limited as
follows:
(1) Unless otherwise agreed upon, a landlord who sells
the premises is relieved of liability under the agreement
and this Section for events occurring after the conveyance
and occurring after written notice to the tenant of the
sale.
(2) Unless otherwise agreed, the manager of the
premises is relieved of liability under the rental
agreement and this Section for events occurring after
written notice to the tenant of the termination of the
manager's management.

HB4104 - 45 - LRB103 32587 LNS 62200 b
(i) If the landlord fails to comply with the landlord's
duties under Section 75, the tenant may terminate the rental
agreement by written notice. However, the tenant may exercise
the right to terminate the rental agreement only if the tenant
first gives the landlord a written notice of the landlord's
breach of Section 75 that also provides notice that the
landlord must remedy the breach within 2 business days after
the tenant delivered the written notice of breach. The written
notice that the tenant intends to terminate the rental
agreement shall specify the date of termination no later than
30 days after the date of written notice. The written notices
required by this subsection may be delivered electronically if
the parties have previously communicated electronically. In
addition, if a tenant in a civil proceeding against an owner or
landlord establishes that the landlord has violated Section 75
and failed to remedy the breach within 2 business days after
the date the tenant delivered written notice of the breach,
the tenant shall recover $200 in damages in addition to any
other damages, attorney's fees, or remedies to which the
tenant may also be entitled.
Section 60. Security deposits.
(a) A landlord may not demand or receive a security
deposit in an amount in excess of one and one-half months'
rent. A landlord may not avoid the coverage of this subsection
by labeling the fee or charge as anything other than a security

HB4104 - 46 - LRB103 32587 LNS 62200 b
deposit.
(b) A tenant shall pay the landlord, at the time the tenant
moves into the premises or at any other time mutually agreed
upon by the parties, the amount of the security required by the
landlord. Any portion in excess of one month's rent, at the
election of the tenant, shall be paid either at the time the
tenant pays the initial security deposit, or shall be paid in
no more than 6 equal installments no later than 6 months after
the effective date of the lease.
(c) Upon termination of the tenancy, property or money
held by the landlord as a security deposit shall be returned to
the tenant within 30 days after the tenant has vacated the
tenant's dwelling, except the landlord or successor landlord
may deduct from the security deposit the following:
(1) any unpaid rent that has not been validly withheld
or deducted pursuant to law and any courts costs (but not
attorney's fees) awarded by a court in a case that has not
been subsequently settled; or
(2) any reasonable amount necessary to repair any
damage caused to the premises by the tenant, or any person
under the tenant's control or on the premises with the
tenant's consent, reasonable wear and tear excluded. If
the tenant caused damage to the premises, the landlord
shall deliver or mail to the last known address of the
tenant, within 30 days, an itemized statement of the
damages allegedly caused to the premises and the estimated

HB4104 - 47 - LRB103 32587 LNS 62200 b
or actual cost for repairing or replacing each item on
that statement, attaching copies of the paid receipts for
the repair or replacement. If estimated cost is given, the
landlord shall furnish the tenant with copies of paid
receipts, or a certification of actual costs of repairs of
damage if the work was performed by the landlord's
employees, within 30 days after the date the statement
showing estimated costs was furnished to the tenant.
(d) A landlord shall hold all security deposits in a
federally insured account in a bank, savings and loan
association, or other financial institution located in the
State. A security deposit shall continue to be the property of
the tenant making the deposit, shall not be commingled with
the assets of the landlord, and shall not be subject to the
claims of a creditor of the landlord or of the landlord's
successors in interest, including a foreclosing mortgagee or
trustee in bankruptcy.
(e) Notwithstanding any other provision in this Section, a
landlord may accept the payment of the first month's rent and
security deposit in one check or one electronic funds transfer
and deposit the check or electronic funds transfer into one
account if, within 7 business days after acceptance of the
check or electronic funds transfer, the landlord transfers the
amount of the security deposit into a separate account that
complies with this Section.
(f) The landlord shall clearly and conspicuously disclose

HB4104 - 48 - LRB103 32587 LNS 62200 b
the name of the financial institution where the landlord has
deposited the security deposit in the written rental agreement
signed by the tenant.
(g) If, during the pendency of the rental agreement, the
landlord transfers the security deposit from one financial
institution to another, the landlord shall notify the tenant
in writing of the name of the new financial institution within
14 days after the transfer or within a reasonable time, given
all circumstances.
(h) A landlord who receives a security deposit from a
tenant shall give a receipt indicating the amount of the
security deposit, the name of the person receiving it, and, in
the case of the agent, the name of the landlord for whom the
security deposit is received, the date on which it is
received, and a description of the dwelling unit. The receipt
shall be signed by the person receiving the security deposit.
Failure to comply with this subsection entitles the tenant to
immediate return of the security deposit.
(i) Upon payment of the security deposit by means of an
electronic funds transfer, the landlord shall give the tenant
a receipt or an electronic receipt that acknowledges the
receipt of the security deposit, a description of the dwelling
unit, and an electronic or digital signature of the person
receiving the deposit.
(j) If a landlord who has received a security deposit
sells, leases, or transfers ownership or otherwise transfers

HB4104 - 49 - LRB103 32587 LNS 62200 b
control or other direct or indirect disposition of residential
real property, the successor landlord of the property shall be
liable to that tenant for any security deposit that has been
paid to the transferor.
(k) The transferor shall remain jointly and severally
liable with the successor landlord to the tenant for the
security deposit unless and until this transferor transfers
the security deposit to the successor landlord and provides
written notice to the tenant of the transfer, specifying the
name, business address, and business telephone number of the
successor landlord or the landlord's agent within 10 days
after the transfer.
(l) Within 14 days after the date of the transfer, the
successor landlord shall notify the tenant, in writing, that
the security deposit was transferred to the successor landlord
and that the successor landlord is holding the security
deposit. This written notice shall also contain the name,
business address, and business telephone number of the
successor landlord or the successor landlord's agent.
(m) If the landlord fails to comply with this Section, the
tenant has a right to seek damages as follows:
(1) If the landlord fails to comply with subsection
(a), (b), or (c), the tenant shall be awarded damages in an
amount equal to 2 times the security deposit and
reasonable attorney's fees. This Section does not preclude
the landlord or tenant from recovering other damages to

HB4104 - 50 - LRB103 32587 LNS 62200 b
which the landlord or tenant may be entitled under this
Section.
(2) If the landlord fails to comply with one or more of
the administrative requirements under subsections (d)
through (l), the tenant may notify the landlord of the
landlord's failure to comply with this Section by written
notice. Within 2 business days after the receipt of the
tenant's written notice, the landlord shall remedy and
provide the administrative requirements as described in
subsections (d) through (l). The written notices required
by this paragraph may be delivered electronically if the
parties have previously communicated electronically. The
written notice from the tenant to the landlord must
include that there has been a breach of the rental
agreement and that the landlord must remedy the breach
within 2 business days after the tenant delivered the
written notice or face damages. If the landlord fails to
remedy within 2 business days, the tenant shall be awarded
damages in an amount equal to 2 times the security deposit
and reasonable attorney fees. This subsection does not
preclude the landlord or tenant from recovering other
damages to which the landlord or tenant may be entitled
under this Section.
Section 65. Retaliatory conduct.
(a) Except as provided for in this Section, a landlord may

HB4104 - 51 - LRB103 32587 LNS 62200 b
not retaliate by increasing rent or decreasing services, by
bringing or threatening to bring action for possession, or by
refusing to renew a rental agreement because the tenant has in
good faith done any of the following:
(1) complained of code violations to a governmental
agency, elected representative, or public official charged
with responsibility for enforcement of a building,
housing, health, or similar code;
(2) complained of a building, housing, health, or
similar code violation or an illegal landlord practice to
a community organization or the news media;
(3) sought the assistance of a community organization,
including a legal aid organization, or the news media to
remedy a code violation or illegal landlord practice;
(4) requested the landlord make repairs to the
premises as required by a building code, health ordinance,
other regulation, or the residential rental agreement;
(5) organized or became a member of a tenant union or
similar organization;
(6) testified in any court or administrative
proceeding concerning the condition of the premises; or
(7) exercised any right or remedy provided by law.
(b) If the landlord violates this Section, the tenant has
a cause of action against the landlord or a defense in any
retaliatory action against the tenant and is entitled to the
following remedies:

HB4104 - 52 - LRB103 32587 LNS 62200 b
(1) If the landlord attempts to terminate the rental
agreement, the tenant may retain possession by raising
this Section as a defense. If the tenant prevails on this
defense, the tenant shall recover an amount equal to not
more than 2 months' rent or twice the damages sustained by
the tenant, whichever is greater, and reasonable
attorney's fees.
(2) The tenant may terminate the rental agreement and
vacate the property by giving the landlord written notice
of the tenant's intent to terminate the rental agreement.
If the tenant does not vacate the property within one
month after giving written notice, or the end of the next
rental period, whichever is longer, then the tenant's
written notice shall be deemed withdrawn and the rental
agreement remains in full force and effect. If the rental
agreement is terminated, the landlord shall return the
security deposit within 3 days after the tenant tenders
possession.
(3) If the tenant files a cause of action against the
landlord, the tenant shall recover an amount equal to not
more than 2 months' rent or twice the damages sustained by
the tenant, whichever is greater, and reasonable
attorney's fees.
(c) In an action by or against the tenant, if the tenant
presents evidence of a complaint within one year prior to the
alleged act of retaliation, the court shall presume that the

HB4104 - 53 - LRB103 32587 LNS 62200 b
landlord's conduct is retaliatory. The landlord may rebut the
presumption of retaliation by proving a legitimate,
nonretaliatory basis for the conduct.
(d) The presumption shall not arise if the tenant made the
complaint after written notice of a proposed rent increase.
(e) A landlord's behavior shall not be considered
retaliatory if any code violation was caused primarily by the
lack of care of the tenant, a member of the tenant's family, or
other person on the premises with the tenant's consent.
Section 70. Prohibition against lockouts.
(a) The landlord, or any person acting at the direction of
the landlord, may not oust or dispossess, or threaten or
attempt to oust or dispossess, any tenant from a dwelling unit
without authority of law by plugging, changing, adding, or
removing any lock or latching device; by blocking any entrance
into the dwelling unit; by removing any door or window from the
dwelling unit; by interfering with the services to the
dwelling unit, including, but not limited to, electricity,
gas, hot or cold water, plumbing, heat, telephone service, or
Internet; by removing a tenant's personal property from the
dwelling unit; by the removal or incapacitating of appliances
or fixtures, except for the purpose of making necessary
repairs; by the use or threat of force, violence, or injury to
a tenant's person or property; or by any act rendering a
dwelling unit or any part of the dwelling unit inaccessible or

HB4104 - 54 - LRB103 32587 LNS 62200 b
uninhabitable or any personal property located in the dwelling
unit inaccessible. This subsection does not apply if:
(1) a landlord acts in compliance with the eviction
laws of Illinois pertaining to eviction and engages the
sheriff or other lawfully deputized officer to forcibly
evict a tenant or the tenant's personal property;
(2) a landlord interferes temporarily with possession
only as necessary to make needed repairs or inspection and
only as provided by law;
(3) the landlord acts in compliance with Part 3 of
Article IX of the Code of Civil Procedure for the removal
of personal property; or
(4) the tenant has abandoned the dwelling unit under
paragraph (2) of subsection (b) of Section 50.
(b) If a tenant, in a civil proceeding against the
landlord, establishes that the landlord has violated Section
70, the tenant may recover possession of the dwelling unit and
personal property. In addition, the tenant shall recover an
amount equal to not more than 2 months' rent or twice the
actual damages sustained by the tenant, whichever is greater,
and reasonable attorney's fees.
Section 75. Summary attachment to rental agreement.
(a) The Attorney General shall create a summary of this
Act that describes the respective rights, obligations, and
remedies of landlords and tenants under this Act, and the

HB4104 - 55 - LRB103 32587 LNS 62200 b
Attorney General shall make the summary available for public
inspection and copying. A copy of the summary shall be made
available in multiple languages on the Office of the Attorney
General's website. A copy of the summary shall be attached to
each written rental agreement when the agreement is initially
offered to any tenant or prospective tenant by or on behalf of
a landlord and whether the agreement is for rental or renewal
of the agreement.
(b) If the landlord acts in violation of this Section, the
tenant may terminate the rental agreement by written notice
under subsection (i) of Section 55.
Section 80. Conflict with the Mobile Home Landlord and
Tenant Rights Act. Where a dwelling unit is also governed by
the Mobile Home Landlord and Tenant Rights Act, this Act shall
augment and not replace the rights of both landlords and
tenants under that Act. Where there is a direct conflict
between the provisions of this Act and that Act, this Act shall
take precedence except for the following Sections of that Act,
which shall remain as the governing provisions: Section 6,
Section 8, and Section 9.5.
Section 85. Prohibition of waiver. The provisions of this
Act may not be waived, and any term of any rental agreement,
contract, or other agreement that purports to waive or limit a
tenant's substantive or procedural rights under this Act is

HB4104 - 56 - LRB103 32587 LNS 62200 b
contrary to public policy, void, and unenforceable.
Section 90. Cumulative rights, obligations, and remedies.
The rights, obligations, and remedies set forth in this Act
shall be cumulative and in addition to any others available at
law or in equity.
Section 900. The Rent Control Preemption Act is amended by
changing Sections 5, 6, and 10 as follows:
(50 ILCS 825/5)
Sec. 5. Rent control prohibited; exceptions.
(a) A unit of local government, as defined in Section 1 of
Article VII of the Illinois Constitution, shall not enact,
maintain, or enforce an ordinance or resolution that would
have the effect of controlling the amount of rent charged for
leasing private residential or commercial property.
(b) This Act does not impair the right of a unit of local
government to manage and control residential property in which
the unit of local government has a property interest.
(c) The prohibition in subsection (a) does not apply if
voters of a unit of local government have approved a
referendum under Section 6.
(Source: P.A. 90-313, eff. 8-1-97.)
(50 ILCS 825/6 new)

HB4104 - 57 - LRB103 32587 LNS 62200 b
Sec. 6. Rent control regulation.
(a) Legal voters of a unit of local government may, by
petition, propose a referendum to determine whether the unit
of local government shall no longer be prohibited from
enacting, maintaining, or enforcing an ordinance or resolution
that would have the effect of controlling the amount of rent
charged for leasing private residential or commercial
property. The petition shall, at least 104 days before an
election, be filed in the office of the clerk of the unit of
local government and contain signatures of not less than 8% of
the total votes cast for candidates for Governor in the
preceding gubernatorial election by the registered voters of
the unit of local government. The referendum shall
substantially be in the following form: "Shall (unit of local
government) be permitted to enact, maintain, or enforce an
ordinance or resolution that would have the effect of
controlling the amount of rent charged for leasing private
residential or commercial property?". The referendum shall be
submitted to the voters of the unit of local government at the
next election at which the referendum may be voted upon.
(b) Legal voters of a district, precinct, ward, or other
similar subdivision of a unit of local government may, by
petition, propose a referendum to determine whether the unit
of local government shall no longer be prohibited from
enacting, maintaining, or enforcing an ordinance or resolution
that would have the effect of controlling the amount of rent

HB4104 - 58 - LRB103 32587 LNS 62200 b
charged for leasing private residential or commercial property
within that district, precinct, ward, or similar subdivision.
The petition shall, at least 104 days before an election, be
filed in the office of the clerk of the unit of local
government and contain the signatures of not less than 16% of
the legal voters registered with the board of election
commissioners or county clerk, as the case may be, from the
district, precinct, ward, or similar subdivision. The
referendum shall substantially be in the following form:
"Shall (unit of local government) be permitted to enact,
maintain, or enforce an ordinance or resolution that would
have the effect of controlling the amount of rent charged for
leasing private residential or commercial property within
(district, precinct, ward, or other similar subdivision)?".
The referendum shall be submitted to the voters of the
district, precinct, ward, or other similar subdivision of the
unit of local government at the next election at which the
referendum may be voted upon.
(c) The referendum shall be submitted to the voters under
subsection (a) or (b) when the petition has been filed in
proper form with the clerk. If more than one set of petitions
are presented to the clerk for submission at the same
election, the petition presented first shall be given
preference; however, the clerk shall provisionally accept any
other set of petitions set forth the same (or substantially
the same) referendum. If the first set of petitions for a

HB4104 - 59 - LRB103 32587 LNS 62200 b
referendum is found to be in proper form and is not found to be
invalid, it shall be accepted by the clerk and all
provisionally accepted sets of petitions setting for the same
(or substantially the same) referendum shall be rejected by
the clerk. If the first set of petitions for a referendum is
found not to be in proper form or is found to be invalid, the
clerk shall (i) reject the first set of petitions, (ii) accept
the first provisionally accepted set of petitions that is in
proper form and is not found to be invalid, and (iii) reject
all other provisionally accepted sets of petitions setting
forth the same (or substantially the same) referendum. Notice
of the filing of the petition and the result of the election
shall be given to the Secretary of State. A return of the
result of the election shall be made to the clerk of the unit
of local government. If a majority of voters voting upon the
referendum vote "YES", the unit of local government shall be
exempt from subsection (a) of Section 5 either for the entire
unit or for the district, precinct, ward, or similar
subdivision stated in the referendum.
(d) If a unit of local government chooses to adopt an
ordinance or resolution, or enforce an existing ordinance,
under this Section that would have the effect of controlling
the amount of rent charged for leasing private residential or
commercial property, it may also take measures to address the
economic impact of the ordinance or resolution upon
owner-occupied residential properties of 6 or fewer units.

HB4104 - 60 - LRB103 32587 LNS 62200 b
(50 ILCS 825/10)
Sec. 10. Home rule preemption.
(a) A home rule unit may not regulate the rental of
residential dwelling units in a manner that is inconsistent
with, diminishes, or undermines the protections of this Act.
This subsection is a limitation of home rule powers and
functions under subsection (i) of Section 6 of Article VII of
the Illinois Constitution. A home rule unit may not regulate
or control the amount of rent charged for leasing private
residential or commercial property. This Section is a denial
and limitation of home rule powers and functions under
subsection (g) of Section 6 of Article VII of the Illinois
Constitution.
(b) Notwithstanding subsection (a), a home rule unit may
augment the protections of this Act or establish additional
rights, obligations, or remedies through its concurrent
exercise of home rule power.
(Source: P.A. 90-313, eff. 8-1-97.)
(765 ILCS 720/Act rep.)
Section 905. The Retaliatory Eviction Act is repealed.
Section 910. The Mobile Home Landlord and Tenant Rights
Act is amended by changing Section 18 as follows:

HB4104 - 61 - LRB103 32587 LNS 62200 b
(765 ILCS 745/18) (from Ch. 80, par. 218)
Sec. 18. Security deposit; Interest. Security deposits and
interest under this Act are governed by Section 60 of the Let
the People Lift the Ban Act.
(a) If the lease requires the tenant to provide any
deposit with the park owner for the term of the lease, or any
part thereof, said deposit shall be considered a Security
Deposit. Security Deposits shall be returned in full to the
tenant, provided that the tenant has paid all rent due in full
for the term of the lease and has caused no actual damage to
the premises.
The park owner shall furnish the tenant, within 15 days
after termination or expiration of the lease, an itemized list
of the damages incurred upon the premises and the estimated
cost for the repair of each item. The tenant's failure to
object to the itemized list within 15 days shall constitute an
agreement upon the amount of damages specified therein. The
park owner's failure to furnish such itemized list of damages
shall constitute an agreement that no damages have been
incurred upon the premises and the entire security deposit
shall become immediately due and owing to the tenant.
The tenant's failure to furnish the park owner a
forwarding address shall excuse the park owner from furnishing
the list required by this Section.
(b) A park owner of any park regularly containing 25 or
more mobile homes shall pay interest to the tenant, on any

HB4104 - 62 - LRB103 32587 LNS 62200 b
deposit held by the park owner, computed from the date of the
deposit at a rate equal to the interest paid by the largest
commercial bank, as measured by total assets, having its main
banking premises in this State on minimum deposit passbook
savings accounts as of December 31 of the preceding year on any
such deposit held by the park owner for more than 6 months.
However, in the event that any portion of the amount deposited
is utilized during the period for which it is deposited in
order to compensate the owner for non-payment of rent or to
make a good faith reimbursement to the owner for damage caused
by the tenant, the principal on which the interest accrues may
be recomputed to reflect the reduction for the period
commencing on the first day of the calendar month following
the reduction.
The park owner shall, within 30 days after the end of each
12-month period, pay to the tenant any interest owed under
this Section in cash, provided, however, that the amount owed
may be applied to rent due if the owner and tenant agree
thereto.
A park owner who willfully fails or refuses to pay the
interest required by this Act shall, upon a finding by a
circuit court that he willfully failed or refused to pay, be
liable for an amount equal to the amount of the security
deposit, together with court costs and a reasonable attorney's
fee.
(c) A park owner, as landlord, shall hold in trust all

HB4104 - 63 - LRB103 32587 LNS 62200 b
security deposits received from a tenant in one or more banks,
savings banks, or credit unions, the accounts of which are
insured by the Federal Deposit Insurance Corporation, the
National Credit Union Administration Share Insurance Fund, or
other applicable entity under law. A security deposit and the
interest due under subsection (b) of this Section is the
property of the tenant until the deposit is returned to the
tenant or used to compensate, or applied to the tenant's
obligations to, the park owner, as landlord, in accordance
with the lease or applicable State and local law. The security
deposit shall not be commingled with the assets of the park
owner, and shall not be subject to the claims of any creditor
of the park owner or any party claiming an interest in the
deposit through the park owner, including a foreclosing
mortgagee or trustee in bankruptcy; provided that this
subsection does not prevent a foreclosing mortgagee, receiver,
or trustee from taking over control of the applicable bank
account holding the security deposits, which may include
moving the security deposits to another bank account meeting
the requirements of this Section, provided that the mortgagee,
receiver, or trustee:
(1) shall continue to hold the security deposits in
trust as provided in, and subject to, the provisions of
this Section; and
(2) is entitled to use a security deposit to
compensate, and apply a security deposit to discharge the

HB4104 - 64 - LRB103 32587 LNS 62200 b
obligations of the tenant to, the park owner as permitted
by the lease or applicable State and local law.
(Source: P.A. 98-1062, eff. 1-1-15.)
Section 999. Effective date. This Act takes effect upon
becoming law.