HB4104 103RD GENERAL ASSEMBLY

LRB103 32587 LNS 62200 b

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.

A BILL FOR

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 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:

"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, 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 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 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 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

(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 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:

(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;

(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 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 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:

(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 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, 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 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 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 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 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 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 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.

(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 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 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 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 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 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 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 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 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 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 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, 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 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 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 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 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

(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 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:

(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 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 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 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.

(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 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 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 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 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 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 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:

(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 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 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 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 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)

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 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 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.

(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:

(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 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 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 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.