Disclosing utilities in Illinois rentals
Section 35 requires a disclosure, in the lease or the unit listing, of whether utilities are included in the rent.
Last reviewed November 1, 2026 against Public Act 104-0479 and the sources below · How we check facts
Spell out each utility
Few units are all-in or all-out. Most have a mix, such as heat and water included while electricity is on the tenant. A one-line "utilities not included" invites disputes. List each one:
| Utility | Status |
|---|---|
| Heat | Included in rent |
| Hot water | Included in rent |
| Water and sewer | Billed by landlord, about $45 a month |
| Electricity | Tenant pays ComEd directly |
| Cooking gas | Tenant pays Peoples Gas directly |
| Internet | Tenant chooses a provider |
Bill-backs are fees
If you bill tenants for water, sewer or trash (RUBS or submetering), that charge is a non-optional recurring fee. It goes on page one with an amount or a clear estimate and method.
Make your disclosure in about two minutes. Your fee page has a utilities grid built in, so every listing and lease says exactly what rent includes.
Frequently asked questions
Do I have to list utilities in the listing or the lease?
The law requires disclosing whether utilities are included in rent in a lease agreement disclosure or the unit listing. Doing both is the safest approach.
How do I disclose a variable water bill-back?
List it as a required monthly fee with a recent average or a range and the method used to calculate it.
Related
Not legal advice. Confirm your lease with an Illinois attorney.