Can an Illinois park charge a late fee the day rent is due?

No. Section 765 ILCS 745/12(a) prohibits a lease provision that charges a late penalty 'without allowing a tenant a minimum of 5 days beyond the date the rent is due' to pay. This is general information, not advice about a specific charge — consider consulting a licensed attorney in Illinois.

Is there a cap on security deposits in Illinois mobile home parks?

Yes. Section 12(b) bars any lease provision charging 'an amount in excess of one month's rent as a security deposit.' Section 18 also governs the return of, and interest on, that deposit.

Can an Illinois park charge a fee that is not in the lease?

No. Section 12(c) prohibits any lease provision 'requiring the tenant to pay any fees not specified in the lease,' and Section 9 requires every charge for services, lot rent, or other items to be itemized in the lease and in billings.

Mobile home park fees in Illinois

Q: Can a park charge a fee to sell a mobile home that stays in the park?

Generally no. Section 9 provides that 'the park owner shall not charge a transfer or selling fee as a condition of sale of a mobile home that is going to remain within the park unless a service is rendered.'

Illinois ties mobile home park fees closely to the written lease. The Mobile Home Landlord and Tenant Rights Act (765 ILCS 745) requires every charge to be itemized, caps security deposits, builds in a grace period before late fees, and bars fees that are not spelled out in the lease. For a specific charge or dispute, consider consulting a licensed attorney in Illinois.

What the statute says

Section 12, "Lease prohibitions," lists provisions a park lease may not contain:

(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 ... (e) Waiving the homeowner's right to a trial by jury.

Section 9 requires that "all charges for services, ground or lot rent, unit rent, or any other charges shall be specifically itemized in the lease and in all billings," and that the park "shall not charge a transfer or selling fee as a condition of sale of a mobile home that is going to remain within the park unless a service is rendered." Section 20 makes it a violation for a park owner to demand "any donation, gratuity, bonus or gift, in addition to lawful charges" as a condition of a lease or sale.

How it works in general

The lease must itemize every fee, and a park cannot bill for fees it did not list. Late fees require at least a five-day grace period; security deposits cannot exceed one month's rent; and a separate transfer or selling fee is not allowed for a home that stays in the park unless the park actually provides a service. Section 9 also bars a park from passing along the cost of a fine or penalty it incurred (unless caused by the tenant) and from charging a pet fee to a resident who owns the home unless a pet-related service is provided and accepted.

Common scenarios

General examples Illinois park residents commonly encounter:

A late charge appears the day after rent is due. Section 12(a) requires at least five days before a late penalty can apply.
A new fee shows up that is not in the lease. Section 12(c) and Section 9 require fees to be specified in the lease and itemized in billings.
A selling or transfer fee is charged on an in-park sale. Section 9 bars that unless the park renders a service.

Other authorities that may apply

The written lease and its required disclosure (Section 6.5) define the permitted fees. The Mobile Home Park Act (210 ILCS 115) governs park licensing through the Illinois Department of Public Health. Local ordinances and the Illinois Consumer Fraud Act may also bear on fee practices, and federal law can apply in particular situations. The lease's itemized fee schedule is the first place to look.