Residential Lease Agreement

State of Illinois

Prepared in accordance with the Illinois Compiled Statutes (ILCS)
For use in McHenry County, 22nd Judicial Circuit

1. Parties & Property

Landlord

Tenant(s)

Premises

Landlord hereby leases to Tenant(s), and Tenant(s) hereby lease(s) from Landlord, the above-described premises (the "Premises") together with all appurtenances thereto, subject to the terms and conditions set forth in this Agreement. All Tenants named above are jointly and severally liable for all obligations under this Lease.

2. Lease Term

1. Fixed Term. This Lease shall commence on the Start Date and terminate on the End Date specified above. No notice of termination is required for the fixed term to expire.
2. Month-to-Month Conversion. If Tenant remains in possession after the End Date with Landlord's written consent or acceptance of rent, the tenancy shall convert to a month-to-month tenancy under the same terms and conditions, terminable by either party upon thirty (30) days' written notice prior to the end of any monthly period. (735 ILCS 5/9-207)
3. Renewal. If Landlord offers a renewal lease, Tenant shall have fourteen (14) days from receipt to accept. If Tenant does not accept in writing within that period, the offer is withdrawn and the lease shall expire on the End Date or convert to month-to-month at Landlord's sole discretion.
4. Holdover. If Tenant holds over without Landlord's written consent, Tenant shall be liable for double the monthly rent for each month or partial month of holdover occupancy, plus all damages incurred by Landlord.

3. Rent

1. Due Date. Rent is due on the first (1st) day of each calendar month, in advance, without demand, deduction, or set-off.
2. First Month & Proration. If the Lease commences on a date other than the 1st, Tenant shall pay prorated rent for the partial month at signing, calculated as: (Monthly Rent ÷ 30) × remaining days.
   Prorated Amount Due at Signing ($)
3. Grace Period. Per Illinois law, no late fee shall be assessed unless rent remains unpaid for at least five (5) days after the due date. (770 ILCS 95/7.10(a))
4. Late Fee. If rent is not received by 11:59 PM on the 5th day of the month, a late fee of $________ or ________% of monthly rent (whichever is greater) shall be assessed. This amount shall not exceed $20 or 20% of monthly rent, whichever is greater, the safe harbor established by Illinois law. (770 ILCS 95/7.10(b))
   Late Fee Amount ($)
5. Payment Methods. Rent shall be paid by:
   
   Check or money order (payable to Landlord)
   Electronic transfer / ACH
   Online portal:
   Other:
6. Returned Payment Fee. A fee of $________ shall be assessed for any check or electronic payment returned for insufficient funds, plus any bank charges incurred by Landlord.
7. Additional Collection Costs. Reasonable expenses incurred from rent collection or lien enforcement may be charged to Tenant in addition to the late fee and shall be itemized. (770 ILCS 95/7.10(d))
8. Partial Payments. Landlord's acceptance of partial rent does not waive the right to collect the remaining balance or to pursue remedies for nonpayment. Acceptance of partial payment does not constitute a waiver of any pending eviction proceedings unless explicitly agreed in writing.

4. Security Deposit

1. Purpose. The security deposit secures Tenant's faithful performance of all lease obligations including, without limitation, payment of rent, repair of damage beyond normal wear and tear, and cleaning upon vacating.
2. Deposit Held At. The security deposit shall be held in a federally insured interest-bearing account at the financial institution identified below. (Required for properties with 25 or more units — 765 ILCS 715/1)
   Bank / Institution Name
   Bank Address
3. Interest. For properties containing 25 or more units, interest shall accrue on the deposit at the rate equal to the interest paid by the largest Illinois commercial bank on minimum deposit passbook savings accounts as of December 31 of the preceding year (published annually by IDFPR). Interest accrues on deposits held more than six (6) months. Accumulated interest of $5.00 or more shall be paid to Tenant within 30 days after each 12-month rental period, by cash or credit toward rent. All remaining interest shall be paid upon termination of tenancy. No interest is owed if Tenant is in default. (765 ILCS 715/1-2)
4. Itemized Statement. Within thirty (30) days after Tenant vacates, Landlord shall furnish Tenant with an itemized statement of damages with estimated or actual repair costs, attaching paid receipts or copies thereof, delivered by personal delivery, mail to last known address, or email to a verified address provided by Tenant. (765 ILCS 710/1)
5. Return of Deposit. Within forty-five (45) days after Tenant vacates, Landlord shall return the security deposit (minus lawful deductions per the itemized statement) by personal delivery or mail to Tenant's last known address. (765 ILCS 710/1)
6. Permissible Deductions. Landlord may deduct for: (a) unpaid rent; (b) damage beyond normal wear and tear, itemized with receipts; (c) other lease violations causing financial loss. Normal wear and tear (faded paint, minor scuffs, worn carpet from ordinary use) is not deductible.
7. Penalty for Non-Compliance. If Landlord willfully fails to comply with the return requirements, Landlord may be liable for two times (2x) the deposit due, plus court costs and reasonable attorney's fees. (765 ILCS 710/1)
8. Forwarding Address. Tenant shall provide Landlord with a forwarding address in writing at or before the time of vacating the Premises. Failure to provide a forwarding address does not relieve Landlord's obligations but may delay return.
9. Not Last Month's Rent. The security deposit may not be applied by Tenant as the last month's rent unless Landlord agrees in writing.

5. Utilities & Services

The following utilities and services are allocated as indicated:

1. Heating Cost Disclosure. If Tenant pays for heat, Landlord has disclosed this fact and, upon request, shall provide the prior 12 months of heating costs for the unit.
2. Shared Utilities. If utility costs are shared among units, the allocation formula is:
3. Utility Transfer. Tenant shall transfer all Tenant-paid utilities into Tenant's name within five (5) days of the Lease Start Date. Failure to transfer utilities is a lease violation. Tenant shall not allow utilities to be disconnected during the lease term.

6. Maintenance & Repairs

1. Landlord's Obligations. Landlord shall maintain the Premises in a habitable condition as required by the implied warranty of habitability, including: structural integrity, weatherproofing, plumbing, heating, electrical systems, common areas, pest control, and compliance with all applicable building, housing, and health codes (including Crystal Lake's adoption of the International Property Maintenance Code).
2. Tenant's Obligations. Tenant shall: (a) keep the Premises clean and sanitary; (b) use all systems, appliances, and fixtures in a reasonable manner; (c) promptly notify Landlord in writing of any condition requiring repair; (d) not deliberately or negligently damage the Premises; (e) comply with all applicable health and safety codes.
3. Repair Requests. Tenant shall submit all non-emergency maintenance requests in writing (email, text, or written notice). Landlord shall acknowledge receipt within 48 hours and complete repairs within a reasonable time, not to exceed 14 days for non-emergency items. (765 ILCS 742/5 — 14-day cure period)
4. Emergency Repairs. For emergencies threatening life, safety, or significant property damage (fire, flood, gas leak, no heat in winter, burst pipe), Tenant shall immediately contact Landlord and, if Landlord is unreachable, may take reasonable steps to prevent further damage. Landlord shall respond to emergencies within 24 hours.
5. Tenant's Right to Repair and Deduct. If Landlord fails to make required repairs within 14 days of written notice by certified or registered mail, Tenant may hire a licensed, unrelated tradesperson to complete the repair and deduct the cost from rent, provided the cost does not exceed the lesser of $500 or one-half of the monthly rent. This right does not apply to conditions caused by Tenant, Tenant's household, or guests. (765 ILCS 742/5)
6. Tenant Damage. Tenant is responsible for all damage to the Premises caused by Tenant, household members, or guests beyond normal wear and tear. Landlord may repair such damage and charge the cost to Tenant, deducting from the security deposit or billing Tenant directly.
7. No Retaliation. Landlord shall not retaliate against Tenant for exercising rights under this Section or for reporting code violations to a government agency. (765 ILCS 720/1)

7. Entry & Access

1. Notice. Landlord shall provide at least twenty-four (24) hours' written notice before entering the Premises for inspections, maintenance, showings, or other non-emergency purposes. Entry shall occur during reasonable hours (8:00 AM to 8:00 PM) unless otherwise agreed by Tenant.
2. Emergency Entry. Landlord may enter without notice in the event of an emergency including fire, flood, gas leak, or any condition posing immediate danger to life, safety, or property.
3. Showings. During the last sixty (60) days of the Lease term (or after either party has given notice of termination), Landlord may show the Premises to prospective tenants or purchasers with 24 hours' notice at reasonable times.
4. Tenant Cooperation. Tenant shall not unreasonably withhold consent to Landlord's entry for necessary inspections, maintenance, or repairs.
5. Abandoned Premises. If the Premises appear abandoned (as evidenced by removal of personal property, extended absence without communication, and unpaid rent), Landlord may enter without notice to confirm the status and secure the Premises.

8. Rules & Conduct

1. Noise. Tenant shall not cause or permit excessive noise that disturbs the quiet enjoyment of other residents. Quiet hours are 10:00 PM to 8:00 AM daily.
2. Parking. Tenant is assigned ________ parking space(s): #__________. Vehicles must be registered, insured, and operable. No commercial vehicles, boats, trailers, or recreational vehicles without Landlord's prior written consent.
3. Trash & Recycling. Tenant shall dispose of trash and recyclables in designated containers and areas. Tenant shall not allow trash to accumulate inside or outside the Premises.
4. Common Areas. Tenant shall not obstruct hallways, stairways, sidewalks, or other common areas. No storage of personal property in common areas.
5. Illegal Activity. No illegal activity of any kind shall be conducted on or about the Premises. Any violation is grounds for immediate termination of the Lease and eviction.
6. Guests. Guests may stay for no more than seven (7) consecutive days or fourteen (14) total days in any 12-month period without Landlord's written consent. Any guest exceeding this limit is considered an unauthorized occupant and a lease violation.
7. Appliances & Fixtures. Tenant shall not install major appliances (washers, dryers, dishwashers, window A/C units exceeding 10,000 BTU) without Landlord's prior written consent.
8. Compliance. Tenant shall comply with all federal, state, and local laws, ordinances, and regulations applicable to the use and occupancy of the Premises.

9. Pets

Service & Assistance Animals. This pet policy does not apply to service animals or emotional support animals as defined under the Fair Housing Act (42 U.S.C. § 3604) and the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.). Landlord shall make reasonable accommodations for verified service and assistance animals. No pet deposit or pet rent shall be charged for such animals.

10. Smoking

Violation of the smoking policy constitutes a lease violation. Tenant is responsible for all damage, cleaning, and remediation costs resulting from smoking, including removal of odors, stains, and residue.

11. Renter's Insurance

1. Requirement. Tenant shall obtain and maintain throughout the Lease term a renter's insurance policy with a minimum coverage of $100,000 liability and $________ personal property coverage from a licensed insurance carrier.
2. Proof. Tenant shall provide Landlord with proof of insurance (declarations page or certificate of insurance) prior to move-in and upon each renewal. Landlord shall be named as an additional interested party on the policy.
3. Lapse. If Tenant allows the policy to lapse, Tenant shall be in violation of this Lease. Landlord may, but is not obligated to, obtain coverage on Tenant's behalf and charge the premium to Tenant.
4. Landlord's Insurance. Landlord maintains property insurance covering the building structure. Landlord's insurance does not cover Tenant's personal property, liability, or additional living expenses. Tenant acknowledges that Landlord's insurance provides no protection for Tenant's belongings or Tenant's negligence.

12. Alterations & Modifications

1. No Alterations. Tenant shall not make any alterations, improvements, or modifications to the Premises — including but not limited to painting, wallpapering, drilling, installing fixtures, changing locks, or modifying plumbing or electrical systems — without Landlord's prior written consent.
2. Approved Alterations. Any alteration approved by Landlord becomes the property of Landlord upon installation unless otherwise agreed in writing. Landlord may require Tenant to restore the Premises to its original condition at Tenant's expense upon vacating.
3. Disability Modifications. Tenant with a disability may make reasonable modifications to the Premises at Tenant's expense as required under the Fair Housing Act. Landlord may require: (a) reasonable description of the proposed modification; (b) assurance that work will be done in a professional manner; (c) Tenant to restore the Premises to its original condition upon vacating, where reasonable. (42 U.S.C. § 3604(f)(3)(A))

13. Subletting & Assignment

1. Prohibition. Tenant shall not sublet the Premises or any part thereof, nor assign this Lease or any interest therein, without the prior written consent of Landlord.
2. Short-Term Rentals. Tenant shall not list or advertise the Premises on any short-term rental platform (including Airbnb, VRBO, or similar services) without Landlord's prior written consent.
3. Unauthorized Occupants. Any person residing in the Premises who is not listed as a Tenant in Section 1 and who has not been approved in writing by Landlord is an unauthorized occupant. The presence of an unauthorized occupant is a material lease violation.

14. Termination

1. Fixed Term. This Lease terminates on the End Date without notice. Tenant shall vacate and surrender the Premises in the same condition as received, ordinary wear and tear excepted.
2. Month-to-Month. Either party may terminate a month-to-month tenancy by providing thirty (30) days' written notice before the end of any monthly period. (735 ILCS 5/9-207)
3. Early Termination by Tenant. If Tenant terminates the Lease before the End Date without Landlord's consent, Tenant shall be liable for:

   (a) An early termination fee of $________ (equivalent to ________ month(s) rent); AND

   (b) All rent due through the earlier of: (i) the date a replacement tenant takes possession, or (ii) the Lease End Date.

   Landlord shall make reasonable efforts to mitigate damages by re-renting the Premises.
4. Termination by Landlord. Landlord may terminate this Lease for cause, including nonpayment of rent (after 5-day notice per 735 ILCS 5/9-209), curable lease violation (after 10-day notice per 735 ILCS 5/9-210), or incurable violation (after 5-day notice per 735 ILCS 5/9-210).
5. Surrender. Upon termination, Tenant shall: (a) return all keys and access devices; (b) remove all personal property; (c) leave the Premises in broom-clean condition. Any property left behind after 7 days may be considered abandoned and disposed of at Tenant's expense.

15. Eviction

1. Non-Payment. If rent remains unpaid after the 5-day grace period, Landlord may serve a 5-Day Notice demanding payment of the specific amount due. If Tenant pays in full within 5 days, Landlord shall accept payment and the tenancy continues. If Tenant fails to pay, Landlord may file an eviction complaint with the McHenry County Circuit Court (22nd Judicial Circuit). (735 ILCS 5/9-209)
2. Curable Lease Violation. Landlord may serve a 10-Day Notice specifying the violation and demanding cure. If Tenant cures within 10 days, the tenancy continues. If not cured, Landlord may file for eviction. (735 ILCS 5/9-210)
3. Incurable Violation. For violations that by their nature cannot be cured (illegal drug activity, serious criminal conduct), Landlord may serve a 5-Day Notice to Vacate without opportunity to cure. (735 ILCS 5/9-210)
4. No Self-Help. Landlord shall never change locks, remove doors, shut off utilities, or remove Tenant's belongings to force a move-out. All evictions must proceed through the court system. Only the McHenry County Sheriff may execute an order of possession. (735 ILCS 5/9-101.1)
5. Attorney's Fees. In any eviction proceeding, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs from the non-prevailing party, to the maximum extent permitted by law.
6. Service of Notice. All notices under this Section shall be served by: (a) personal delivery to Tenant; (b) leaving a copy with a person age 13 or older residing at or in charge of the Premises; (c) posting on the Premises if no person is in actual possession; or (d) certified or registered mail (supplemental). (735 ILCS 5/9-211)

16. Lead-Based Paint Disclosure

Year Built:

Landlord shall retain a copy of this disclosure for a minimum of 3 years from the commencement of the Lease. Penalties for violation: up to $19,507 per violation plus potential treble damages.

17. Radon Disclosure

This disclosure is required for all residential units below the third story above ground level. (420 ILCS 46/10)

Tenant has the right to conduct a radon test at Tenant's expense within 90 days of lease commencement. If radon levels are found at 4 pCi/L or above, EPA recommends mitigation. (420 ILCS 46/25)

Penalty for non-disclosure: up to $500 (first offense), up to $1,000 (subsequent offenses). (420 ILCS 46/60)

18. Smoke & Carbon Monoxide Detectors

1. Installation. Landlord has installed and shall maintain working smoke detectors and carbon monoxide (CO) detectors in the Premises in compliance with the Smoke Detector Act (425 ILCS 60) and the Carbon Monoxide Alarm Detector Act (430 ILCS 135).
2. Tenant Responsibilities. Tenant shall: (a) not remove, disable, or tamper with any smoke or CO detector; (b) notify Landlord immediately in writing of any malfunction; (c) replace batteries as needed during the tenancy (unless the unit is equipped with sealed, long-life batteries).
3. Acknowledgment. Tenant acknowledges that all smoke and CO detectors were tested and operational at the time of move-in.

19. Military Clause (SCRA)

1. Early Termination. If Tenant is a member of the United States Armed Forces (active duty, reserve, or National Guard) and receives orders for a permanent change of station (PCS), deployment for a period of 90 days or more, or separation or retirement from military service, Tenant may terminate this Lease by providing Landlord with: (a) a written notice of termination; and (b) a copy of the official military orders or a signed letter from Tenant's commanding officer.
2. Effective Date. The termination shall take effect 30 days after the next rent payment due date following proper delivery of the notice and orders. (50 U.S.C. § 3955)
3. No Penalty. Tenant shall not be assessed an early termination fee or any other penalty for termination under this Section. Any prepaid rent for the period after the termination date shall be refunded. The security deposit shall be handled per Section 4.
4. Illinois Protection. Military status is a protected class under the Illinois Human Rights Act. Landlord shall not discriminate against any applicant or tenant on the basis of military status, including unfavorable military discharge (other than dishonorable). (775 ILCS 5/1-103(Q))

20. Governing Law & Severability

1. Governing Law. This Lease shall be governed by and construed in accordance with the laws of the State of Illinois. Any legal action arising under this Lease shall be filed in the courts of McHenry County, Illinois (22nd Judicial Circuit).
2. Severability. If any provision of this Lease is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. If modification is not possible, such provision shall be severed and the remaining provisions shall continue in full force and effect.
3. Statutory Compliance. To the extent any provision of this Lease conflicts with applicable federal, state, or local law, such law shall control and the conflicting provision shall be deemed modified to comply with the law. No provision of this Lease shall be construed to waive any right that cannot be waived under Illinois law.
4. Waiver. Landlord's failure to enforce any provision of this Lease shall not constitute a waiver of the right to enforce that provision or any other provision in the future. Waivers must be in writing and signed by Landlord to be effective.
5. Notices. All notices required or permitted under this Lease shall be in writing and delivered by: (a) personal delivery; (b) first-class mail, postage prepaid; or (c) email to the addresses provided in Section 1 (with confirmation of receipt). Notice is deemed given upon personal delivery, three (3) days after mailing, or upon confirmed receipt of email.

21. Entire Agreement

This Lease, including all attachments, addenda, and exhibits referenced herein, constitutes the entire agreement between Landlord and Tenant concerning the Premises and supersedes all prior negotiations, representations, warranties, commitments, offers, and agreements, whether written or oral. No modification of this Lease shall be binding unless in writing and signed by both parties.

The following addenda are attached and incorporated by reference:

22. Signatures

By signing below, the parties acknowledge that they have read, understand, and agree to all terms and conditions of this Residential Lease Agreement.

Appendix A

Move-In / Move-Out Condition Checklist

Rate each item: E = Excellent  |  G = Good  |  F = Fair  |  P = Poor  |  N/A = Not Applicable. Note any damage, stains, or defects in the "Comments" column. Both parties must sign at the bottom.

Move-In / Move-Out Condition Checklist (Continued)

By signing below, both parties confirm that this checklist accurately represents the condition of the Premises at the time of the inspection noted. Timestamped photographs should accompany this checklist.