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What to Include in a Lease: Complete Guide to the Leasing Process and How to Write a Lease

Sat, 26 Jul 2025 16:02:17 GMT

Disclaimer: This guide is here to help you understand leases in Illinois. It’s for general information only and not legal advice. If you need help with your unique situation, talk to an Illinois attorney.

A straightforward, well written lease can save everyone headaches down the road. In this guide, we will walk through the must have parts of a lease, share drafting tips, cover what landlords and tenants need to know, and dive into Illinois specific rules. Whether you are a first time landlord or renting your first home, this guide has you covered.

What Is a Lease Agreement, Anyway?

A lease is a contract where a landlord lets a tenant use property for a set time in exchange for rent. It spells out who does what, such as when rent is due, who handles repairs, and how and when to end the lease. Think of it as a roadmap for a smooth tenancy.

Key Legal Basics in Illinois

Before you start typing, here are a few legal checkpoints in Illinois:

Written Leases Over One Year : If your lease is longer than a year, it needs to be on paper, signed, and it is a good idea to record it (765 ILCS 5/1)
E signatures Are OK : Illinois lets you sign leases electronically under the Electronic Commerce Security Act
Capacity and Consent : Both parties must be adults with the mental capacity to sign
Consideration : The exchange of rent for the right to use the property

What Goes Into a Lease?

A lease lays out all the details so everyone is on the same page:

Property Details : Exact address and boundaries
Term : Start and end dates
Rent : How much, when it is due, and how to pay
Security Deposit : Amount, how it is held, return rules
Rights and Rules : Items like quiet enjoyment, repairs, and what happens if someone breaks the rules

Include enough detail to avoid surprises later.

Why Leases Help Everyone

A good lease keeps landlords and tenants in sync. Landlords know when to expect rent and how to handle issues. Tenants know their rights, such as a safe place to live and privacy. It builds trust and cuts down on disputes.

Types of Leases You Might See

Each kind has its own quirks. For example, commercial leases often talk about tenant improvements. Short term leases focus on quick turnovers.

The Essentials: Money and Fees

Rent and Due Dates

Rent amount, due date (often the first of the month), and accepted payment methods like online portal or check
Late fees usually apply after a 3 to 5 day grace period. Spell out the fee amount or percentage.

Security Deposits

Illinois does not set a cap on deposits, but cities like Chicago limit it to 1.5 times the monthly rent
Buildings with 25 or more units must hold deposits in an interest bearing account if the deposit is at least five dollars. Interest is paid yearly and at move out within 30 days of each anniversary and at lease end.
Return time is 30 days with an itemized list of deductions, or full return within 45 days
Give tenants a signed receipt when they pay the deposit and let them know if the deposit moves to another bank (765 ILCS 710/2)

Who Fixes What?

Habitable Dwelling

I llinois does not maintain a specific statutory provision in the Landlord and Tenant Act (765 ILCS 705/) that spells out the exact language requiring a landlord to provide a “habitable dwelling.” Instead, Illinois habitability obligations arise from common law, notably the implied warranty of habitability established by judicial decisio ns and guided by local building and health codes. Some general guidelines are:

Generally understood to include basic services such as heat, hot water, running water, electricity, and functional smoke detectors, among other safety-related features
Landlords must ensure compliance with applicable local building and maintenance codes.
Repairs must be made within a reasonable timeframe, typically 14 days for non-emergency issues, sooner for emergencies; emergency repairs relate to conditions that pose an immediate threat to health or safety or risk irreparable harm to the premises

Typically Landlord Responsibilities

Structure, roof, plumbing, heating, electrical, and required alarms like smoke detectors in sleeping areas and hallways, and carbon monoxide alarms if there is a fuel burning appliance

Typically Tenant Responsibilities

Everyday cleaning and minor repairs under a cost threshold
Report significant issues quickly
Residential Tenants’ Right to Repair Act: Under this law, if a repair is required either by the lease agreement, state law, administrative rules, or local building codes, and the cost is no more than $500 or half of the monthly rent (whichever is less), tenants may take action and hire a qualified professional to complete the repair and deduct the cost from their rent .

Emergencies

Landlord must handle serious hazards such as gas leaks or electrical problems right away

Ending or Renewing the Lease

When It Ends

Fixed term leases end on the date in the lease unless there is a renewal clause
Month to month leases require 30 days written notice to end

Automatic Renewals

If you want the lease to roll over, state how long and how much notice is needed to opt out.

Extra Clauses to Consider

Pets : Size or breed rules, extra deposit
Subletting : When it is allowed and any fees
Early Move Out : Penalties or replacement tenant requirements
Parking and Storage : Assigned spots, fees, liability

Writing the Lease: Step by Step

Talk it out and agree on rent, term, and deposit first
Fill in a template, tweaked for Illinois rules and your situation
Review with both parties and consider a quick attorney check
Sign and share copies, keep originals, and store digitally

Must Do Illinois Extras

Lead based paint disclosure for pre 1978 buildings (42 U.S.C. § 4852d)
Mold warnings if local rules require them
Security deposit transfers: notify tenants if ownership changes and note both old and new landlords are responsible
Eviction steps: five day notice to pay or quit, file under the Forcible Entry and Detainer Act (735 ILCS 5/9 209), and tenants have 14 days after judgment before a writ can be issued

Rights and Rules During the Lease

Landlords Should

Keep the place safe and maintained
Handle repairs and alarms promptly
Give 24 hour notice before entering unless it is an emergency
Follow building and health codes

Tenants Can Expect

A safe place to live
Privacy and advance notice for visits
No discrimination under federal law and the Illinois Human Rights Act (775 ILCS 5/1 103)
Deposit return with details on deductions

Handling Disputes

Notice to cure with time to fix
Mediation or arbitration before court
Court options like eviction or small claims

Common issues include late rent, unauthorized pets or guests, damage, and noise complaints.

Day to Day Lease Management

Rent Collection : Keep payment methods clear and enforce late fees
Inspections : Perform move in, periodic (every six to twelve months with 24 hour notice), and move out inspections
Repairs : manage repairs as they are identified.

Breaking or Renewing

Early Exit : Use a break clause or find a replacement tenant
Eviction : Five day notice, court filing, hearing, judgment, and 14 day move out
Renewal : Automatic rollover, negotiate a new term, or convert to month to month

When to Call a Lawyer

Talk to a lawyer if you have a lengthy commercial lease, large deposits, tricky Illinois rules, a high stake dispute, new landlord tenant laws, or simply any questions you are unclear about. Writing a lease that fits Illinois rules does not have to be painful. Cover the basics, add the right disclosures, and keep communication open. A solid lease sets expectations, cuts down conflicts, and helps everyone focus on making the property feel like home.

Getting your property rent ready

Fri, 24 Feb 2023 15:34:06 GMT

Position your property to rent quickly

If you're a landlord looking to get the most out of your investment properties, it's essential to make sure that your rentals appeal to potential tenants. Here are a few ideas on how to make your rental properties shine:

Thoroughly clean the property: Before showing the rental to potential tenants, ensure that it's clean and presentable. Pay attention to details like surfaces, carpets, kitchens, and bathrooms, and make sure the place smells good. Most renters don't want to clean a property before moving in, so give them the impression they won't have to.

Make all necessary repairs: Your properties should be in good repair to make tenants feel comfortable. Do an inspection and make a repair checklist for each unit. Hire a handyman, or make the repairs yourself, but make sure it's done correctly. For example, give the property a fresh coat of paint, fix damaged kitchen cabinets or repair plumbing glitches.

Add some special touches: To make your rental property stand out from others, consider adding a few special touches, such as installing a smart thermostat, updating appliances, or installing new flooring. You can also add outdoor features such as benches for seating and awnings for shade.

Market well: Eye-catching marketing is essential to convince renters of the property's value. Work with online rental sites, create your own website and social media pages, or print up some pamphlets to showcase your properties. You can also use an online pamphlet maker to customize your pamphlet with pictures, text, colors, fonts, and unique designs.

Consider hiring a property management company: If you're new to the investment property business or swamped with other work, consider hiring a property management company to help you with daily tasks. This way, you'll still have responsibility for your properties, but you can save time and reduce stress by turning over some interactions to the manager.

Remember, your rental properties aren't making money when they're sitting empty. Making them as appealing as possible to potential tenants is crucial to get them rented out quickly. If you're looking for more information about property management, reach out to Regions Property Management to discuss your plans for your next rental investment.

Looking for something to do in McLean County this weekend?

troyhouston76@gmail.com (Troy Houston) — Fri, 24 Feb 2023 04:25:50 GMT

Spend the weekend enjoying local activities

Are you looking for a fun and exciting way to spend your time in McLean County, Illinois? There are plenty of great attractions and activities to explore, no matter what your interests may be. Here are just a few of the top things to do in the area:

Visit the David Davis Mansion

If you're a history buff, the David Davis Mansion in Bloomington is a must-see attraction. This historic mansion was once the home of Supreme Court Justice David Davis, and it offers a fascinating glimpse into the region's past.

Go hiking or biking at Comlara County Park

If you love the great outdoors, Comlara County Park is the perfect place to spend the day. With over 1500 acres of pristine nature trails, this park is a great spot for hiking, biking, and other outdoor activities.

Explore the Miller Park Zoo

For animal lovers, the Miller Park Zoo in Bloomington is a must-visit destination. This small but well-maintained zoo is home to a variety of animals, including red pandas, otters, and bald eagles.

Check out the McLean County Museum of History

If you're interested in learning more about the history of McLean County and Central Illinois, the McLean County Museum of History is the place to go. This fascinating museum offers exhibits on a wide range of topics, from the area's earliest settlers to its modern-day culture and industry.

Visit the Children's Discovery Museum

Families with children won't want to miss the Children's Discovery Museum in Normal. This interactive museum is designed to educate and entertain young visitors, with hands-on exhibits that cover a range of scientific, artistic, and cultural topics.

Attend a concert or event at the Grossinger Motors Arena

If you're looking for some live entertainment, the Grossinger Motors Arena in Bloomington is the place to go. This versatile venue hosts a variety of events, from concerts and comedy shows to sporting events and trade shows.

Explore the Constitution Trail

For outdoor enthusiasts, the Constitution Trail is a popular destination that spans over 24 miles through McLean County. Whether you prefer hiking, biking, or jogging, this scenic trail is a great way to enjoy the natural beauty of the area.

Visit the Funk Prairie Home and One Room School

If you're interested in the lives of early settlers in the area, the Funk Prairie Home and One Room School in Shirley is a great place to visit. This restored one-room schoolhouse offers a glimpse into the history of the region, and it's a great educational destination for all ages.

Check out the Farmer's Market in Downtown Bloomington

If you're a fan of fresh, local produce and other goods, the Farmer's Market in Downtown Bloomington is a must-visit destination. This seasonal market offers a wide range of local products, from fresh fruits and vegetables to artisanal crafts and baked goods.

These are just a few of the many fun things to do in McLean County, Illinois. Whether you're a history buff, an outdoor enthusiast, or a foodie, there's something for everyone in this vibrant and dynamic region. So why not plan your visit today and see what all the excitement is about?