DeKalb, IL Municipal Code Ch. 10 Landlord-Tenant Regulations § 10.11
Rental Agreements – Prohibited Terms
Operative Text
a) The following terms in rental agreements are prohibited and void against public policy:
1. Waivers of rights, obligations or remedies contained in this Chapter.
2. Waivers of statutory rights provided under state or federal laws.
3. Confessions of judgments against Tenant.
4. Unilateral entitlements to attorney’s fees by either party. However, it is permissible for
leases to allow for recovery of attorney’s fees to the successful party in litigation.
5. Absolute prohibitions on subleasing options of a Tenant, however, Landlords may reject
potential sub-Tenants for legitimate business reasons or in accordance with a standard
screening process.
6. Automatic renewal of a lease for a renewal term of more than thirty days by reason of the
Tenant’s failure to renew unless said provision is specifically initialed by both parties.
7. Waivers of warranties of habitability of the premises.
8. Prohibitions indicating that service animals are precluded from occupancy within a rental
premise, in violation of any applicable federal or state law or regulation.
b) The terms prohibited herein shall be void against public policy and unenforceable. Any
Landlord who knowingly attempts to enforce such a prohibited term or includes such a
prohibited term in a lease after receiving notice, shall be liable for an amount equal to one (1)
month’s rent in addition to compensatory damages sustained by the Tenant, including court
costs and reasonable attorney’s fees. Separately, it shall be a violation of this ordinance to
include such prohibited terms, and such violation shall be punishable by a minimum fine of
Three Hundred Dollars and Zero Cents ($300.00), with each day that said lease including
prohibited terms is permitted to remain in place constituting a separate offense.DeKalb Municipal Code Ch. 10 § 10.11 identifies eight categories of lease terms that are prohibited and unenforceable as contrary to public policy, including waivers of tenant rights, confession-of-judgment clauses, blanket sublease bans, automatic long-term renewals without mutual initials, and provisions that exclude service animals in violation of law. Any such clause inserted into a rental agreement is void regardless of whether a tenant signed it. Landlords who knowingly enforce or include these terms after receiving notice face civil liability equal to one month's rent plus compensatory damages, court costs, and attorney's fees, as well as a separate municipal fine of at least $300 per day the offending lease remains in place.
Plain English — not legal advice.
Operators subject to DeKalb Municipal Code Ch. 10 § 10.11 generally review all lease templates to confirm they contain none of the eight prohibited clause types before presenting agreements to prospective tenants. Compliant operators ensure that any automatic-renewal provision extending beyond thirty days is specifically initialed by both parties, and that sublease restrictions are limited to legitimate screening criteria rather than absolute bans. Because § 10.11(b) imposes daily fines starting at $300 and potential civil liability once notice is received, operators typically act promptly to remove or correct any flagged language from active lease forms.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under DeKalb Municipal Code Ch. 10 § 10.11, tenants have the right to treat any of the eight prohibited lease terms as void and unenforceable, meaning a landlord generally cannot rely on such a clause to restrict a tenant's rights even if the tenant signed the agreement. If a landlord attempts to enforce a prohibited term, § 10.11(b) provides a path to seek one month's rent plus compensatory damages, court costs, and reasonable attorney's fees through civil proceedings. Tenants who believe their lease contains prohibited language may consider documenting the clause, notifying the landlord in writing, and reaching out to a local tenant-rights organization or the City of DeKalb for guidance on available complaint processes.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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