What Are Your Legal Obligations as a Landlord in Orland Park, IL?

Owning rental property in Orland Park can be a sound investment strategy. You provide a home for a family or individual, and in return, you build equity and generate income. However, many landlords operate under a common misconception: they treat it like a passive hobby.

In Orland Park, being a landlord is running a business—a business that is heavily regulated by a complex mix of specific Village ordinances, Cook County laws, and Illinois state statutes. At Pucher & Ranucci, we have seen how a simple mistake, such as improperly handling a security deposit or failing to register with the Village, can have severe financial consequences. Understanding your full range of legal obligations is the only way to protect your investment.

The First Hurdle: Orland Park Rental Registration

Before you can even think about finding a tenant, your first obligation is to the Village of Orland Park itself. Orland Park requires landlords to obtain a rental license for their properties, and these licenses are tightly regulated.

The most significant rule is the 10% cap: Rental licenses are capped at 10% of the existing dwelling units within any single U.S. Census Block. This means you are not guaranteed a license just because you own property.

Before purchasing an investment property or converting a home to a rental, you must follow the Village’s process:

1. Consult the Map: The Village of Orland Park provides an official Rental License Map.
2. Verify Availability: You must input the property address and click on its census block to see if there are any “Available Licenses.”
3. Apply (If Available): If a license is available, you must submit a Rental License Application, which can be found on the Village’s website.
4. Submit Survey: You must also submit a current Plat of Survey with your application.

There are other strict local rules all Orland Park landlords must know:

• Agent Location: The owner or designated agent must be located within 15 miles of the Village’s corporate limits to handle building and tenant emergencies.
• Agent Unit Cap: A designated agent cannot be responsible for more than 8 dwelling units (unless it’s part of a large, approved rental-only development).
• Showings: An owner or agent must be physically present any time an unleased unit is accessed by potential lessees.
• Non-Transferable: Rental licenses are not transferable to a new owner.
• Penalties: If you are found in violation of these regulations, you can be prohibited from applying for any rental license in the Village for one year, in addition to fines.
• Exemptions: Certain properties are exempt from the 10% cap (like large, pre-approved rental developments or units owned by active military members), but they are still subject to the overall licensing requirement.

The Cook County Layer: The CCRTLO

Once you’ve cleared the Village’s registration hurdles, you must navigate the next layer: county law. Orland Park is in Cook County, which means most landlords are subject to the Cook County Residential Tenant and Landlord Ordinance (CCRTLO).

This is a critical, and often overlooked, layer of law. The CCRTLO provides a host of tenant protections that are in addition to and often stricter than Illinois state law. Assuming this ordinance doesn’t apply to you is one of the most expensive mistakes an Orland Park landlord can make. It applies to almost all rental units, with very few exceptions (like owner-occupied buildings with six units or less).

What Are My Obligations Before a Tenant Moves In?

Your legal duties are in full force long before you hand over the keys.

1. Tenant Screening and Applications

Your primary obligation during screening is non-discrimination.

• Federal Fair Housing Act: Prohibits refusing to rent based on race, color, religion, national origin, sex, disability, or familial status.
• CCRTLO: Adds even more protected classes, including source of income, sexual orientation, and gender identity.

Your screening criteria (like credit score or income-to-rent ratio) must be objective and applied equally to every applicant.

2. The Lease Agreement

A strong, written lease is your most important tool. This contract cannot include “unconscionable” clauses that violate Illinois law, such as:

• A waiver of tenant rights (like the right to a jury trial).
• A clause that lets you avoid liability for negligence.
• Any clause that allows you to change the locks or remove a tenant’s property without a court order (this is an illegal “self-help eviction”).

3. Required Disclosures

Before a tenant signs, you must provide several key disclosures:

• Lead-Based Paint: For any building from before 1978, you must provide an EPA-approved pamphlet.
• Radon Hazard: You must provide a pamphlet on radon dangers.
• CCRTLO Summary: If your property is covered, you must provide the tenant with a copy of the CCRTLO summary along with the lease.

How Must I Handle a Tenant’s Security Deposit in Orland Park?

This is the single most common and costly area of dispute. Illinois law is extremely strict, but for Orland Park landlords, the CCRTLO rules are even tougher and apply to all units.

You must do the following:

• Give the tenant a written receipt for the deposit.
• Identify the bank where the deposit will be held.
• Hold the deposit in a separate, interest-bearing escrow account.
• Never commingle the deposit with your personal funds.

When a tenant moves out, you can only deduct for actual damage, not for “normal wear and tear.“

• Normal Wear and Tear: Faded paint, minor scuffs, worn-out carpet from walking. These are your costs of doing business.
• Damage: Large holes in the wall, broken windows, stained or burned carpets, excessive filth. These are deductible.

If you make deductions, state law (on properties with 5+ units) requires you to send a detailed, itemized list of repair costs within 30 days. You must return the full deposit (minus valid deductions) within 45 days. Failure to follow these rules perfectly can result in you owing the tenant double the security deposit plus their court costs and attorney’s fees.

What Are My Duties During the Tenancy?

Your responsibilities do not end once the tenant moves in. You have an ongoing duty to provide a safe and livable home.

The “Implied Warranty of Habitability”

Every Illinois lease has an “implied warranty of habitability,” meaning the unit is fit for human occupation. You are legally responsible for:

• Functioning plumbing and hot/cold water
• A working heating system
• A structurally sound building (roof, walls, foundation)
• Functioning electrical systems
• Pest control (for building-wide infestations)

Responding to Repair Requests

When a tenant notifies you of a habitability issue (e.g., a broken furnace), you must make the repair in a “reasonable” amount of time. Under state law and the CCRTLO, tenants may have the right to “repair and deduct”—paying for the repair themselves and deducting the cost from their rent—if you fail to act.

When Can I Enter a Tenant’s Apartment?

You cannot enter a tenant’s unit whenever you please.

• Illinois Law: Requires “reasonable” notice, generally understood as 24 hours.
• CCRTLO: The Cook County ordinance is explicit: you must provide at least two days’ notice (48 hours) for non-emergency entry.

You can, of course, enter immediately for a true emergency like a burst pipe or a fire.

What Happens When a Tenant Violates the Lease?

This is where strict legal procedure is your only option. You cannot take matters into your own hands.

“Self-Help Evictions” Are Illegal

Any attempt to remove a tenant without a court order is an illegal “self-help eviction.” This includes:

• Changing the locks
• Shutting off the heat or electricity
• Removing the tenant’s personal property
• Removing the front door

Performing a self-help eviction will get you sued, and you will lose.

The Correct Legal Process for Eviction in Cook County

The only legal way to evict a tenant is by filing a Forcible Entry and Detainer lawsuit. The process begins with a formal, written Notice.\

• 5-Day Notice (Non-Payment of Rent): Gives the tenant five days to pay the full amount owed. If they pay, you must accept it.
• 10-Day Notice (Lease Violation): Gives the tenant ten days to “cure” (fix) the violation (e.g., remove an unauthorized pet).
• 30-Day Notice (Terminating a Month-to-Month Tenancy): Used to end a month-to-month lease.

Be aware: The CCRTLO has different, often longer, notice periods for non-renewal of a lease. If the tenant does not pay or move out after the notice period, you must file an eviction suit. For Orland Park properties, this case will be heard at the Fifth Municipal District courthouse in Bridgeview. Only a Cook County Sheriff, acting on a judge’s order, can legally remove a tenant from the property.

Experienced Guidance for Orland Park Landlords

Being a landlord in Orland Park is a complex legal undertaking. You must simultaneously comply with strict Village registration laws, the detailed Cook County CCRTLO, and foundational Illinois state statutes. A simple procedural error can cost you thousands.

At Pucher & Ranucci, our attorneys have spent nearly two decades guiding landlords in Orland Park, Tinley Park, and the surrounding Cook and Will County communities. We understand the specific challenges you face, from the local registration rules to the details of the CCRTLO and the procedures at the Bridgeview courthouse.

If you are facing a difficult tenant situation or want to ensure your leases and procedures are compliant with all layers of the law, contact us today for a consultation.

Frequently Asked Questions for Orland Park Landlords

Can I charge a late fee for rent in Orland Park?

Yes, but the CCRTLO limits the amount. The fee must be “reasonable” and is capped at $10 for the first $500 of rent and 5% on any amount above that. A single $100 flat fee on a $1,200 rent, for example, would be illegal.

My tenant’s lease is up. How much notice do I need for non-renewal?

Under the CCRTLO, this depends on how long the tenant has lived there.

• Six months to three years: You must give 60 days’ written notice.
• Over three years: You must give 120 days’ written notice.

I served a 5-Day Notice, and the tenant offered me partial payment. Should I take it?

Be very careful. In Illinois, accepting any partial payment after a 5-Day Notice has expired can invalidate the notice and “reinstate” a lease, forcing you to start the entire eviction process over.

My tenant broke their lease and moved out. What do I do?

You have a legal duty to “mitigate damages.” You cannot just let the unit sit empty and sue the old tenant for the remaining rent. You must make a reasonable effort to re-rent the apartment, such as by actively advertising and showing it.

Can I ban smoking in my Orland Park rental property?

Yes. You are legally allowed to make your property 100% smoke-free (including tobacco and cannabis). This must be clearly stated as a material term of the lease agreement.