Illinois · Can't Pay Rent
Can't Pay Rent in Illinois: What Are My Options?
This is not legal advice. We explain what the law says. We cannot tell you what to do in your situation. For that, talk to a lawyer. Find free legal and rent help in Illinois.
This page covers what happens in Illinois when you cannot pay rent on time. It explains late fees, paying part of the rent, payment plans, and what your landlord cannot do. It also covers state programs that help pay rent, and your rights when the landlord must pay the utilities. Some cities add stricter rules, so check your city's guide.
What the law says
-
Your landlord can charge a late fee only if a written lease says the fee amount and when you owe it. With a spoken lease, no late fee is allowed. Chicago, Evanston, Mt. Prospect, Oak Park, and suburban Cook County set their own limits on late fees. Check your city's guide.
Source: -
Paying part of the rent does not stop the eviction unless your landlord agrees in writing to continue the lease. To keep that rule, the notice must contain a set sentence saying only FULL PAYMENT will stop the case. If the notice leaves that sentence out and the landlord takes part of the rent, the notice may no longer be valid. Ask a legal aid lawyer to check the notice.
-
Your landlord cannot lock you out, even if you have not paid rent. Trying to force you out by changing the locks, removing doors, taking your belongings, or shutting off utilities (water, electric, gas) is illegal. If you feel safe, you can ask the police for help and say it is an illegal lockout (being locked out without a court order). You can also write down what happened, take photos, and call legal aid. You can sue the landlord to get back in and for money. You get this money only if you win your case and your landlord pays.
Sources: -
If your lease says the landlord pays for water, gas, or electricity, the landlord cannot cut it off. The landlord also cannot let the utility (water, gas, or electric) company shut it off for unpaid bills.
Source: -
If your landlord must pay for water, gas, or electricity and does not pay, your service may be shut off. If that could happen, you may pay the utility (water, gas, or electric) company yourself. You can then subtract what you paid from your rent.
Source: -
If the landlord cuts off service when the law does not allow it, you owe no rent for each month the service was off. For part of a month, you owe no rent for those days. The court can also award more money for harm caused by cutting off the service. If your landlord sues and wins, you can still owe the money. Get legal help first.
Sources: -
The law allows the landlord to turn off service for a short time in an emergency, such as a gas leak or fire. It also allows a short turn-off for building repairs, after 7 days' written notice to you.
Source:
Talk to your landlord
-
Your landlord does not have to accept a payment plan unless your lease requires one. If the landlord agrees to one, write it down. Include the amount owed by month and the new payment dates. Add a line saying the landlord will not evict or charge a late fee if you follow the plan. Both of you sign and date it. Keep bank statements, Zelle or Venmo history, and receipts to prove what you paid.
Source:
Get help paying rent
-
If you are in danger of eviction, other Illinois programs can help pay rent. The Department of Human Services Homeless Prevention Program pays rent, back rent, and utility (water, electric, gas) bills. The total cannot be more than 6 months of your rent.
Source:- Homeless Prevention, Illinois Department of Human Services. A government guide.
-
In Illinois, you can call 211 at any time, day or night. 211 can connect you to rent and utility (water, electric, gas) help near you.
Source:- What is 211?, 211 Illinois. A nonprofit group.
Did this page help?
Thank you for telling us.