Northern Illinois University
Students' Legal Assistance
Division of Student Affairs

Learning your rights as a tenant under Illinois law and the City of DeKalb Landlord-Tenant Ordinance should help you overcome the knowledge gap between you and your landlord. This list is not exhaustive nor is it intended to substitute for legal advice that you should obtain if you encounter a problem with your current or prospective landlord.

Your Landlord Must Go to Court to Evict You

This process, while expedited, takes at minimum of one week and the judge will almost certainly give you some brief additional time to move, even if the landlord has cause to evict you.

Before Initiating an Eviction Action

Your landlord must give you written notice of the basis for which he or she is seeking the eviction – a five day notice for failure to pay rent and a ten day notice for other lease violations. The five day rent due violation is a grace period; that is, if you pay the full rent due within the five days, the landlord cannot evict you. The ten day notice is not a grace period but you may be able to work out the problem with the landlord such that he/she decides not to take you to court.

Right to Contest

You have the right to contest the landlord’s attempt to evict you in which case the landlord must prove by clear and convincing evidence that he or she has the right to his or her premises back.

The Landlord Cannot Engage in Self-Help

This means to evict you by cutting off your utilities or changing the lock on the door.

You Have the Right to Call the Police

If the landlord or his agents forcibly come into your apartment to collect rent or harass you, you have the right to call the police. If you tell the landlord or his agents to leave and they refuse to do so, you can file a complaint against them for trespassing.

You Have the Right to "Quiet Enjoyment" Of the Premises

The landlord cannot initiate major renovations in your apartment or in the complex which interfere with your “quiet enjoyment” of the premises without your permission. (Your landlord can, of course, make necessary repairs to the premises.)

Your Landlord Must Provide You With the Same Apartment

Your landlord must provide you with the same apartment he or she rented to you and cannot compel you to accept a different apartment than the one you rented.

If Your Apartment is Not Ready for Occupancy

If your apartment is not ready for occupancy on the date you are to move in, you may have the right to terminate your lease and get your prepaid rent and security deposit back plus other damages, if you incur them, such as moving expenses, storage, etc. See an attorney immediately.

Your Landlord Must Provide You With an Apartment That Is "Habitable"

Your landlord must maintain your apartment in livable condition throughout your tenancy. If your apartment is located within the city limits of DeKalb or another city that has a local building code, “habitability” is measured by compliance with the building code in question; elsewhere, “habitability” is determined directly by the courts.

Your Landlord Cannot Change the Terms of Your Lease

Your landlord cannot change the terms of your lease during the lease without your agreement. This agreement must be based on an exchange of benefits known as “consideration.”

You Have the Right to Sublease Your Apartment

Your landlord can object only if he has good commercial reasons; for example, if your prospective sublessee is a bad credit risk or a known troublemaker.

Your Landlord Cannot Discriminate Against You

Your landlord cannot discriminate against you based on your race, sex, ethnic or national origin, marital status, age, sexual orientation or (in DeKalb) your status as a student.

Your Landlord Cannot Withhold Any Part of Your Security Deposit for Damages Without Written Justification

Your landlord cannot withhold any part of your security deposit for damages without written justification provided to you within 30 days after you vacate your premises. If you live in a premise or a complex containing at least five units anywhere in Illinois, the landlord must return your deposit in full or provide you within 30 days a written itemization of alleged damages. Statutory penalties can be assessed against the landlord for violation of these laws.