765 Ill. Comp. Stat. 745 § 6.4
Rent Deferral Program. A tenant or co-tenants may defer, for up to one year, payment of the amount by which the rent has most recently been increased if the tenant or co-tenants provide proof of inability to pay the increased rent amount by meeting the following requirements within 30 days of the date on which the tenant or co-tenants receive either a new lease or a notice of rent increase: (1) The tenant or co-tenants attest, by sworn affidavit, that they shall diligently proceed to list their mobile home with a licensed sales entity and market it for sale;(2) The tenant or co-tenants attest, by sworn affidavit, that the proposed new lease amount will exceed 45% of the tenant's or co-tenants' current taxable and non-taxable income, from whatever source derived; and(3) The tenant or co-tenants provide verification in the form of a tax return and other such documents as may be required to independently verify the annual income and assets of the tenant or co-tenants.If the tenant or co-tenants meet the above requirements, the tenant or co-tenants may continue to reside in the mobile home for a period of up to 12 months or the date on which the tenant or co-tenants sell the mobile home to a new tenant approved by the park owner, whichever date is earlier. The tenant or co-tenants must remain current on all rent payments at the rental amount due before the notice of the rent increase. The tenant or co-tenants shall be required to pay, upon sale of the home, the deferred rent portion which represents the difference between the actual monthly rental amount paid starting from the effective date of the rent increase and the monthly amount due per the rent increase notice without any additional interest or penalty charges
Operative Text
Rent Deferral Program. A tenant or co-tenants may defer, for up to one year, payment of the amount by which the rent has most recently been increased if the tenant or co-tenants provide proof of inability to pay the increased rent amount by meeting the following requirements within 30 days of the date on which the tenant or co-tenants receive either a new lease or a notice of rent increase: (1) The tenant or co-tenants attest, by sworn affidavit, that they shall diligently proceed to list their mobile home with a licensed sales entity and market it for sale;(2) The tenant or co-tenants attest, by sworn affidavit, that the proposed new lease amount will exceed 45% of the tenant's or co-tenants' current taxable and non-taxable income, from whatever source derived; and(3) The tenant or co-tenants provide verification in the form of a tax return and other such documents as may be required to independently verify the annual income and assets of the tenant or co-tenants.If the tenant or co-tenants meet the above requirements, the tenant or co-tenants may continue to reside in the mobile home for a period of up to 12 months or the date on which the tenant or co-tenants sell the mobile home to a new tenant approved by the park owner, whichever date is earlier. The tenant or co-tenants must remain current on all rent payments at the rental amount due before the notice of the rent increase. The tenant or co-tenants shall be required to pay, upon sale of the home, the deferred rent portion which represents the difference between the actual monthly rental amount paid starting from the effective date of the rent increase and the monthly amount due per the rent increase notice without any additional interest or penalty charges.
Under 765 Ill. Comp. Stat. 745 § 6.4, mobile home park tenants in Illinois who face a rent increase have a mechanism to defer paying the increased portion for up to one year, provided they can demonstrate financial hardship and commit to listing their home for sale. To qualify, tenants must act within 30 days of receiving a new lease or rent increase notice, submit sworn affidavits, and supply income verification showing the new rent would exceed 45% of their total income. The deferred amount — the difference between the old rent and the increased rent — becomes due when the home is sold, with no interest or penalties added.
Plain English — not legal advice.
Under 765 Ill. Comp. Stat. 745 § 6.4, park operators who issue rent increases should be prepared to receive and process deferral requests from tenants within the 30-day window following delivery of a new lease or rent increase notice. Compliant operators generally have a process for reviewing sworn affidavits and income documentation, including tax returns, and for confirming that a tenant listing their home with a licensed sales entity satisfies the statutory requirements. Operators also track deferred rent balances so that the accumulated difference between the pre-increase and post-increase amounts can be collected at the time of sale to a park-approved buyer.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
765 Ill. Comp. Stat. 745 § 6.4 gives mobile home tenants in Illinois a right to defer the increased portion of a rent hike for up to 12 months if the new rent would exceed 45% of their total income and they are willing to list their home for sale with a licensed sales entity. To exercise this right, tenants must submit sworn affidavits and income verification — such as a tax return — within 30 days of receiving the new lease or rent increase notice, and must continue paying rent at the pre-increase rate throughout the deferral period. Tenants who believe this protection applies to their situation may wish to consult a tenant-rights organization or legal aid provider familiar with Illinois mobile home park law to understand the documentation process and their obligations upon sale.
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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