State of Illinois
2011 and 2012


Introduced 2/15/2011, by Rep. William Davis


765 ILCS 705/9 new

    Amends the Landlord and Tenant Act. When a prospective lessor receives a request from a prospective lessee to rent a residential property, the prospective lessor may charge that prospective lessee an application fee, subject to limitations concerning the cost of, receipt for, and return of the fee. Effective immediately.

LRB097 08009 AJO 48130 b





HB1607LRB097 08009 AJO 48130 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Landlord and Tenant Act is amended by adding
5Section 9 as follows:
6    (765 ILCS 705/9 new)
7    Sec. 9. Application fees. When a prospective lessor
8receives a request from a prospective lessee to rent a
9residential property, the prospective lessor may charge the
10prospective lessee an application fee. The fee cannot exceed
11the lessor's actual out-of-pocket cost to gather relevant
12information concerning the prospective lessee from a tenant
13screening service or consumer credit reporting agency. A
14prospective lessor shall provide the prospective lessee with a
15written itemized receipt for any application fee received. A
16prospective lessor shall not charge a prospective lessee an
17application fee if the prospective lessor knows or should have
18known that no rental unit is available at that time or will
19become available within a reasonable period of time. If the
20prospective lessor does not perform a screening of the
21prospective lessee, the prospective lessor shall return the
22application fee to the prospective lessee. A prospective lessor
23who violates this Section is liable to the prospective lessee



HB1607- 2 -LRB097 08009 AJO 48130 b

1for the application fee plus a civil penalty of up to $100,
2civil court filing costs, and reasonable attorney fees incurred
3to enforce this remedy.
4    Section 99. Effective date. This Act takes effect upon
5becoming law.