765 Ill. Comp. Stat. 745 § 12
Lease prohibitions. No lease hereafter executed or currently existing between a park owner and tenant in a mobile home park or manufactured home community in this State shall contain any provision:
Operative Text
Lease prohibitions. No lease hereafter executed or currently existing between a park owner and tenant in a mobile home park or manufactured home community in this State shall contain any provision: (a) Permitting the park owner to charge a penalty fee for late payment of rent without allowing a tenant a minimum of 5 days beyond the date the rent is due in which to remit such payment; (b) Permitting the park owner to charge an amount in excess of one month's rent as a security deposit; (c) Requiring the tenant to pay any fees not specified in the lease; (d) Permitting the park owner to transfer, or move, a mobile home to a different lot, including a different lot in the same mobile home park or manufactured home community, during the term of the lease; (e) Waiving the homeowner's right to a trial by jury. If one provision of a lease is invalid, that does not affect the validity of the remaining provisions of the lease.
Section 12 of 765 Ill. Comp. Stat. 745 sets out a list of provisions that are flatly prohibited from appearing in any lease between a mobile home park or manufactured home community owner and a tenant in Illinois. Specifically, the law bars lease terms that allow late fees without a minimum 5-day grace period, security deposits exceeding one month's rent, fees not listed in the lease, involuntary lot transfers during the lease term, or waivers of the tenant's right to a jury trial. If any single lease provision is found to be invalid under this section, the rest of the lease remains in effect.
Plain English — not legal advice.
Park owners and community operators subject to 765 Ill. Comp. Stat. 745 § 12 generally review all new and existing leases to ensure none of the prohibited clauses are present. Compliant operators structure late-fee policies to allow at least 5 days past the rent due date before any penalty applies, cap security deposits at one month's rent, and itemize all fees within the lease document itself. Operators also refrain from including any clause that would allow relocating a home to a different lot during the lease term or that would strip a tenant of jury-trial rights.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in Illinois mobile home parks or manufactured home communities are protected by 765 Ill. Comp. Stat. 745 § 12, which renders certain lease clauses unenforceable regardless of whether a tenant signed the lease. If a lease contains a prohibited provision—such as a late fee without a 5-day grace period, a security deposit demand above one month's rent, or an undisclosed fee—tenants may raise the invalidity of that clause as a defense in any legal proceeding. Tenant-rights organizations and legal aid services familiar with Illinois mobile home law can help residents understand what options may be available when a prohibited clause is at issue.
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 2, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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