Understanding Written Leases

According to Illinois law (Landlord and Tenant Act), a lease agreement is required for any tenancy that goes longer than 12 months (One year). The landlord is allowed to use an oral agreement if they want, but they're not too viable since there's no physical proof of everything that was agreed upon.

These are some of the clauses that most leases in Illinois include:

• Name and address of the landlord and tenant.
• Description of the leased property.
• Rental payments clauses.
• Security deposit clauses.
• Information about the person responsible for repairs and maintenance services.

1. Tenants Should Read Written Leases Carefully

A written lease is a contract (much like any other contract) between the tenant and the landlord. Its purpose is to express the intentions of the parties to the agreement. Experienced renters know too well that tenants have little, if any, bargaining power with landlords. You should always read the entire lease carefully before signing it because the clauses contained in it may be legally binding. The law does make some residential lease clauses unenforceable, whether or not you sign the lease, but the best safeguard is to read the contract and know what you are signing.

2. Written Leases Can Be Modified

When the landlord presents a lease, an offer is being made. Every clause in the lease can be negotiated and changed. A tenant should not hesitate to ask about provisions or clauses that you do not fully understand. If there is a provision that is unacceptable, a tenant can attempt to have the landlord cross it out or modify it. Just remember that if there is an illegal clause in the lease, the landlord cannot enforce it even if the tenant accepts the lease and signs it.

3. Promises Not in the Written Lease May Not be Binding

If the landlord makes an oral promise to repair or provide other services, or to reduce rent in exchange for a tenant working on the building or paying part of the building’s utilities, these promises should be put in writing. The promises can either be written directly on the lease or on an attached piece of paper called either a rider or an addendum. Once a tenant signs the lease, the deal is done. The courts may not recognize any promise by the landlord made before a tenant signed the written agreement. Make certain that all agreements are either written into the lease or that any rider is signed by both parties and attached to the lease.

4. Make a Copy of the Written Lease

A tenant should consider making a copy of the lease after signing it and before giving it back to the landlord. A tenant should have a signed copy of the lease, but many landlords fail (and even refuse) to return copies of the signed lease to the tenant.

5. Lease End On The Stated Termination Date

If a tenant has a lease with a specified termination date (rather than one that renews automatically each month), it will automatically end on that date unless the landlord terminates the lease early because a tenant violated the lease or did not pay rent. If a tenant does not move out by the lease termination date, the landlord may choose to treat you as a holdover tenant (and charge double rent) and may file an eviction against you.

The landlord should notify the tenant 60 days before the lease terminates. 735 ILCS 5/9-205.

6. New Tenancy Created if Rent is Accepted After Termination

If a tenant stays beyond the termination date of a one-year lease and the landlord accepts rent, a new oral month – to – month lease starts.

If the tenant stays beyond the termination date of a multi-year lease and the landlord accepts rent, a verbal year-to-year lease starts.