FAQs

What is important to know about leases?

A written lease is proof of the specific agreements and makes clear the duties of the tenant and the landlord. A written lease also gives the tenant the right to stay in the apartment for the time period of the lease so long as the terms of the lease are met. Once the lease is signed, both parties are expected to abide by the terms in lease unless both sides agree to amend the document in writing. Potential tenants should read the lease carefully before signing.

Do all leases have to be written?

Yes. A written lease is required for any apartment in a building containing four or more apartments, pursuant Section 13-5-1B of the Village Code.

What does Village Code require to be included in an apartment lease in a building containing four or more units?

A written lease in Oak Park must include, but is not limited to the following:

1. Specific apartment number to be leased
2. Maximum number of occupants as is determined by the apartment size
3. Full names and birth dates of all who will occupy the apartment
4. Name and telephone number of the landlord’s agent or manager who will be available for emergencies 24 hours a day
5. Statement that parking is prohibited on Village streets between 2:30 and 6:00 a.m. and that the tenant is responsible for parking
6. Security deposit of at least one month’s rent is required

Can the landlord charge a late fee if rent is not paid on time?

Yes. A late fee may be charged if the fee amount is stated in the lease.

Can the landlord change the rent amount after the lease has begun?

Depends upon the lease. A landlord may specify in the lease that rent can change during the term of the lease. If the tenant is on a month-to-month lease, Illinois law states that a landlord can increase the rent, typically with 30 days’ notice.

What can a potential tenant do if a lease contains unwanted conditions?

Never sign a lease that includes items that are not acceptable. Once the lease is signed, the tenant has agreed to do what it requires. A tenant may cross out parts so long as the landlord initials the change. If anything is changed by agreement between the landlord and tenant, both parties should make sure the change is in writing, signed and dated by both, and each side has a copy of the changed document. Remember, the lease serves as the final word in the rental agreement, and any violations of it can result in eviction proceedings.

Can the landlord change or add to the lease after the original has been signed?

No. The landlord cannot change or add to the lease after it has been signed without the consent of both parties. Remember, the lease may be altered when the terms of the old lease have ended and a new lease is offered. Read the new lease carefully and don’t assume it has not changed.

Who pays the utilities?

Utility payment depends upon the lease terms. The tenant and the landlord should make responsibility for utility payments part of the written lease.

Can a tenant be required to pay for utilities for hallway lights outside of the apartment?

Yes, but only if the lease clearly states such utility costs are to be included in tenant costs. The landlord must provide the prior 12 months of utility bills for the hallway lights, and state in writing how much the tenant’s rent will be reduced by paying a utility bill that includes more than the individual unit charges. This information must be provided before the lease is signed.

Can a tenant terminate the lease early if the landlord has fulfilled all lease obligations?

Unless the lease states otherwise, the lease can only be terminated early by agreement with the landlord. Be sure to get any agreement for early lease termination in writing.

Can the tenant sublet the apartment to a new tenant during the term of the lease?

If a tenant wants to move out early and has arranged to sublet the apartment to a suitable tenant, the landlord must accept a subtenant regardless of whether or not language allowing sublets is included in the lease. However, if sublets are specifically forbidden in the lease, the tenant cannot sublet without agreement with the landlord. The landlord cannot charge additional fees unless the fees are clearly stated in the lease. Remember, the tenant remains liable for the rent if the subtenant does not pay.

What are the payment responsibilities if the tenant moves out early?

If a tenant moves out before the lease ends, the landlord can charge for the rent due to the end of the lease minus the rent received from a new tenant, as well as the costs to rent the apartment. The landlord has a duty to try and rent the apartment to another tenant. If the landlord can only rent the apartment to another tenant for less than the original rent, the tenant can be held responsible for paying the difference between the amount the new tenant pays and the prior tenant’s rent to the end of the lease.

What if the landlord cannot rent the apartment after the tenant has moved out early?

If the landlord makes a good faith effort to rent the apartment but cannot find someone else to rent it, the tenant is responsible for the rent owed until the lease ends in addition to the landlord’s costs to try and find a new tenant.

What if the landlord will not rent to a tenant because of race, sex, color, religion, ethnicity, ancestry, national origin, gender expression or identity, veteran status, sexual orientation, age, marital status, familial status, source of income or disability?

Oak Park law prohibits landlords from discriminating in renting apartments based upon any of these factors. Anyone who has experienced this type of discrimination should contact the Oak Park Community Relations Department immediately.

Can a landlord refuse to rent to a tenant because of children?

No. A landlord may not refuse to rent to a tenant solely because of children under the age of 18. However, the apartment must be large enough to meet Village space requirements, which are based on the number of persons in the tenant’s family.

Must a landlord notify a tenant when a lease ends and ask the tenant to move out?

No. Written notice is not required when a lease has ended. The specific date must be stated in the written lease.

What if the landlord sells the building before a tenant's lease is up?

When a building is sold, the new landlord is required to honor the terms of original written or oral leases until the leases ends. Evictions require that a lease be violated or expired. See the Responsibilities of the Landlord section in this handbook for more details on specific details on what is required of both the old and new landlord at time of a property sale.

Can a landlord enter a tenant's unit without prior notification?

Guidelines governing landlord access to a rented unit should be included in the written lease. If is no language governing access to a rental unit is included in the lease, then the landlord or landlord’s representative should confer with the tenant to determine a mutually acceptable time to enter.

Can a tenant deny entry to a unit if the building is in the process of being sold?

No. However, the landlord or a representative should confer with the tenant to agree upon a mutually acceptable time to enter for viewing.

Can a landlord or property manager terminate a lease because of complaints about noise or maintenance issues?

No. Complaints are not acceptable reasons for lease termination. However, a landlord has the right not to renew a lease when the term has ended.

Is a landlord required to rent to a Housing Choice Voucher recipient?

Yes. Federal law prohibits a landlord from refusing to rent based solely on source of income. A prospective tenant must follow the required application process when seeking a desired unit and a landlord must use the same renting process and lease for all renters regardless of sources of income.

What is a security deposit?

A security deposit is money a landlord holds to pay for repairs from damage to the apartment caused by a tenant or for rent or charges a tenant might owe at the time a lease expires. A landlord may not charge for normal wear and tear to the apartment.

How much is the security deposit?

A security deposit must be at least one month’s rent or a non-refundable move-in fee not to exceed $500. The security deposit may be greater if agreed to by the tenant and the landlord.

Must a landlord charge a security deposit in Oak Park?

Yes. A landlord must receive at least one month’s rent as a security deposit in Oak Park.

Must a landlord hold the security deposit in a separate bank account?

No. Oak Park law does not require a separate bank account for security deposits.

May a tenant use a security deposit as the last month's rent?

No. A tenant may not specify the security deposit as the last month’s rent without an agreement with the landlord.

Are landlords require to pay tenants interest on security deposits?

Tenants of units in buildings with four or more apartments are owed interest on deposits held for more than six months. Interest should be paid annually.

What is the interest rate on security deposits?

The interest that accrues on security deposits is the passbook savings rate paid by the largest Illinois bank as set on January 1. Contact the Community Relations Department for the current rate.

When should interest on a security deposit be paid?

Interest is due in cash or rent credit every 12 months, so long as the tenant’s rent is current.

How long after a tenant moves must a landlord return the deposit?

A landlord has 45 days after a tenant moves out to return the security deposit plus any interest owed, minus deductions for any rent and/or charges due for damage and/or repairs to the apartment. The time period is extended to 60 days if the landlord sends an estimate of repair charges within 30 days after the tenant moved out of the apartment. Interest does not accrue during the 45-day or 60-day period.

How does a tenant know if all or only part of the security deposit was used for repairs?

A landlord who takes money from the security deposit for repairs must within 30 days of the tenant’s move provide the former tenant a written list of damages and a copy of paid bills, actual costs or estimates for the repairs. A landlord has 60 days from the date the tenant moved to provide copies of paid receipts or proof of actual costs of repair and any remaining security deposit.

What is the procedure for a tenant to request return of a security deposit?

A tenant should request an inspection with the landlord at the time of vacating the apartment, then request in writing return of the security deposit and any interest due. The written notification should include an address of where the landlord should send the deposit. If the deposit or a written estimate of repairs is not received within 45 days of moving, the tenant should make a second written request for the return of the deposit. If the landlord still does not return the deposit or provide required documentation as to why, a tenant may seek repayment through small claims court. The Community Relations can provide information on how to file a small claims court case.

What if the landlord sells the building to a new landlord before returning a security deposit?

Both the original landlord and the new landlord are responsible for the return of a tenant’s security deposit.

What is cause for eviction?

A tenant may be evicted for not paying rent, damaging the apartment, disturbing neighbors, violating the terms of the lease or by remaining in the apartment after the lease has expired. Eviction is a legal process that must follow very specific steps.

What if the tenant does not vacate the unit by the rental termination date?

The landlord may file a complaint in the Circuit Court of Cook County requesting eviction. If granted, the tenant may be evicted only by the Sheriff of Cook County after the court has ordered the tenant to leave.

What if a tenant does not pay the rent?

If a tenant does not pay the rent as specified in the written lease, the landlord may seek eviction. The landlord must provide the tenant with a written notice of rent due. If the tenant does not pay rent due within five days of receipt of the notice, the landlord can seek eviction through the court.

Can a tenant be evicted for having people living the apartment who are not listed on the lease?

Yes. The lease must list all the people who are occupants of the apartment.

Can a tenant be evicted for exceeding the maximum occupancy of the dwelling unit?

Yes. Regardless of whether they are listed on the lease, if more people than are permitted by local laws governing space requirements are living in an apartment, the Village may prosecute both the landlord and the tenant for exceeding maximum occupancy standards.

Must a tenant be notified if the landlord is ending the lease early for violations?

Yes. If a landlord intends to end a lease because a tenant has violated the terms of the lease other than failing to pay rent, the landlord must give the tenant notice explaining in general terms what the tenant did to violate the lease and giving them 10 days to correct the violation.

What happens if a tenant does not correct violations after the appropriate warning period?

The landlord may seek eviction by filing a complaint in the Circuit Court of Cook County. If the request is granted, the tenant may be evicted – but only by the Sheriff of Cook County and only after the court has ordered the tenant to leave.

Can a landlord change locks, remove items from the unit or shut off utilities for lease violations?

A landlord may not change locks, remove items from the unit or turn off utilities without a court order allowing the actions. If a landlord attempts illegal eviction steps, the tenant should call the Oak Park Police non-emergency police number 708.386.3800 and file a complaint.

What if the tenant has an oral or month-to-month lease?

A landlord must give a written 30 day notice of termination of the rental agreement before eviction proceedings can begin.

What are some of the responsibilities of the tenant?

Tenant responsibilities include paying rent on time, ensuring the apartment is not damaged by its occupants or guests and not disturb their neighbors. A tenant also must comply with terms of the lease.

Must the tenant keep the apartment clean?

Yes. A tenant must keep the apartment in a clean and sanitary condition.

What apartment conditions are the responsibilities of the tenant?

The tenant must keep the apartment as safe as possible. This includes making sure its occupants or guests do not intentionally or carelessly destroy, deface, damage or remove any part of the apartment or building.

How many people may occupy an apartment in Oak Park?

Village Code sets a maximum number of people who may occupy each dwelling unit based on its square footage. The lease is required to state the maximum number of occupants for the specific dwelling unit.

Is the tenant responsible for appliances in the apartment?

If the landlord supplied the appliances to the apartment, the landlord is responsible for repairs unless the tenant, the tenant’s family or guests damage or use them in an unreasonable manner.

Is the tenant responsible for guests?

Yes. The tenant is responsible for the behavior of guests.

Is the tenant responsible for damage to possessions in the rented apartment?

In most cases the tenant is responsible for damages to personal possessions in the apartment unless the lease states otherwise. Many tenants purchase renter’s insurance from an insurance agent to cover their possessions. Renter’s insurance tends to be relatively low cost, but can be of great benefit when personal property is damaged or stolen.

How can a tenant be a good neighbor?

Practicing common courtesy, being mindful of noise and not taking up an excessive amount of shared space are important to being a good neighbor. Should a conflict with a neighbor arise, respectfully express the concern and offer a solution to solve the problem. If a neighbor or landlord approaches the tenant, it is advised to not act defensively or engage in retaliation, but instead to listen respectfully and try to develop a shared solution. If these actions do not help, individuals may contact the Community Relations Department for suggestions on how to proceed, which include the option of free mediation services. Sharing living spaces can sometimes be a challenge, but when every tenant agrees to act with consideration of others, conflicts can be minimized.