Lease Snipe

Illinois Prohibited Lease Clauses

7 restricted clause types

Our Illinois law database tracks 7 lease clause types that state law prohibits or restricts (5 illegal, 1 typically unenforceable, 1 legally questionable). Even if you signed a lease containing one, an illegal or unenforceable clause is generally void — you have not waived the underlying right. A clause marked "questionable" is not automatically void, but is worth challenging or having reviewed.

Educational information: generated from our Illinois law database (last updated 2024-01-01). Not legal advice.

Clause types restricted by Illinois law

  • Waiver of implied warranty of habitability

    Likely Illegal

    Legal basis: 765 ILCS 735/1 (Illinois Rental Housing Support Program Act)

  • Confession of judgment clause

    Likely Illegal

    Legal basis: 735 ILCS 5/2-1301 (Illinois Code of Civil Procedure)

  • Waiver of right to jury trial

    Often Unenforceable

    Legal basis: Illinois Constitution Article I, Section 13

  • Non-refundable security deposit

    Likely Illegal

    Legal basis: 765 ILCS 710 (Security Deposit Return Act)

  • Waiver of statutory notice for eviction

    Likely Illegal

    Legal basis: 735 ILCS 5/9-209

  • Waiver of protection against retaliatory eviction

    Likely Illegal

    Legal basis: 765 ILCS 720 (Retaliatory Eviction Act)

  • Automatic renewal without proper notice

    Questionable

    Legal basis: 815 ILCS 601 (Automatic Contract Renewal Act)

Frequently asked questions

What lease clauses are illegal in Illinois?
Illinois law restricts 7 clause types tracked in our database, such as: waiver of implied warranty of habitability; confession of judgment clause; waiver of right to jury trial.
Is a lease still valid if it contains an illegal clause in Illinois?
Usually yes — the offending clause is void or unenforceable, but the rest of the lease typically remains in effect. You generally cannot be held to a clause that violates state law even if you signed it.
Which law prohibits "waiver of implied warranty of habitability" in Illinois?
765 ILCS 735/1 (Illinois Rental Housing Support Program Act).

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Educational information generated from state statute data — not legal advice. Consult a licensed attorney in Illinois for your specific situation.