Illinois Rental Laws

Written by on November 12, 2012

Flag of IllinoisThis article summarizes some key Illinois Landlord-Tenant laws applicable to residential rental units.

We’ve used the Official State Statutes and other online sources cited below to research this information and it should be a good starting point in learning about the law.

With that said, our summary is not intended to be exhaustive or a substitute for qualified legal advice. Laws and statutes are always subject to change, and may even vary from county to county or city to city.

You are responsible for performing your own research and complying with all laws applicable to your unique situation.

If you have legal questions or concerns, we recommend consulting with the appropriate government agencies and/or a qualified lawyer in your area. Your local or state bar association may have a referral service that can help you find a lawyer with experience in landlord-tenant law.

This research and information is current as of November 11, 2012.

Official Rules and Regulations


Security Deposit:

  • Security Deposit Maximum: No Limit (765 ILCS 710/1)
  • Security Deposit Interest: Landlords who own 25 or more units must pay interest on deposits held for 6 months or longer.  Interest rate must match the rate paid by savings accounts held at the largest commercial bank in the state as of Dec. 31 prior to the start of tenancy.  This must be credited or paid-out to Tenant every 12 months. (765 ILCS 715/1&2)
  • Separate Security Deposit Bank Account: No statute
  • Pet Deposits and Additional Fees: No statute
  • Deadline for Returning Security Deposit: Between 30 and 45 days (765 ILCS 710/1)
  • Require Written Description / Itemized List of Damages and Charges: Yes (765 ILCS 710/1)
  • Record Keeping of Deposit Withholdings: No statute

Lease, Rent & Fees:

  • Rent Increase Notice: No statute
  • Late Fees: No statute
  • Returned Check Fees: No statute
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes (765 ILCS 735)
  • Tenant Allowed to Repair and Deduct Rent: Yes, but it must not exceed one-half of the rent or $500. (765 ILCS 742)
  • Landlord Allow to Recover Court and Attorney’s Fees: Yes
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: Yes (735 ILCS 5/9-213.1)

Notices and Entry:

  • Notice to Terminate a Lease – Yearly Lease: 60 days (735 ILCS 5/9-205)
  • Notice to Terminate a Lease – Month-to-Month: 30 days (735 ILCS 5/9-207)
  • Notice to Terminate a Lease – Week-to-week: 7 days (735 ILCS 5/9-207)
  • Notice of date/time of Move-Out Inspection: No statute
  • Eviction Notice for Nonpayment: 5 days to pay or move-out. (735 ILCS 5/9-209)
  • Eviction Notice for Lease Violation: 10 days (735 ILCS 5/9-210)
  • Required Notice before Entry: No statute
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): No statute
  • Entry Allowed During Tenant’s Extended Absence: No statute
  • Notice to Tenants for Pesticide Use: No statute
  • Emergency Entry Allowed without Notice: No statute
  • Lockouts Allowed: No
  • Utility Shut-offs Allowed: No

Disclosures and Miscellaneous Notes:

  • Landlord must change the locks or keys every time the house is vacated or between tenants.
  • Landlord must provide a formula for dividing up utilities when utilities are split among multiple tenants. (765 ILCS 740)
  • For units on the 2nd floor or lower, Landlord must disclose any existence of Radon.
  • Tenant may terminate a lease early in special circumstances involving sexual assault, sexual abuse, or domestic violence. (765 ILCS 750)
  • Landlords must change the locks if requested by a domestic violence victim. (765 ILCS 750)
  • Landlords can require tenants to provide proof of domestic violence status from tenants. (765 ILCS 750)
  • Landlords must not disclose the status of the domestic violence victim to anyone. (765 ILCS 750)
  • If property is abandoned, Landlord may harvest and seize crops to reclaim unpaid rent. (735 ILCS 5/9-318)
  • Landlord must not terminate or refuse to renew a lease to a tenant who has filed an official complaint to a Government Authority (765 ILCS 720)

Court Related:

  • Small Claims Court Limits: $10,000
  • Eviction Cases Allowed: Yes

Business Licenses:

  • Business License required: No state-wide statute, but local cities and counties may have regulations and requirements.  Check with your local governing authority.
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161 CommentsLeave a Comment

  • Gina

    I live in Hinsdale, IL. My family and I are in a two year lease that expires June 2016. At the time of our agreement, verbally my landlord said just to give 60 days notice when we are ready to move. We tried to invite our landlords over to discuss breaking our lease as there is not a clause in our lease. Our lease does state that they do not allow us to sublet. We are ready to move out. We are expecting our third child and we know that is not a reason to leave, but we need to move on. We just want to know any suggestions from landlords on how to break a lease. We want to be fair but do not want to pay for the entire lease until June 2016. We will offer to show the place and post ads. We have had some problems with the heat and they finally decided to fix it after we sent an email that we wanted to leave in 60 days. (We only sent it email because they could not come over after several attempts and they asked to send us an email.) Any suggestions on how to break a lease fairly?

    • Lucas Hall

      Hi Gina,

      I’m a little confused. Why would the landlord make you sign a 2 year lease, but then tell you that you can get out of it with 60 days notice. Are you sure it wasn’t in reference to 60 days notice of the end of the lease, or any period after that?

      In many areas, if a lease does not prohibit subletting, then a tenant could do it – assuming that the lease also doesn’t specify the names of people who have exclusive rights to live there. If it only grants a few people by name, the rights to live there, then the tenants wouldn’t be able to allow anyone else to live there – subletter or not.

      In my opinion, a tenant can only break a lease fairly if they pay the rent up to the point when a new tenant is found. A landlord shouldn’t have to lose out on rent just because a tenant is breaking a fixed lease.

      I think that If it takes the landlord 60 days to find a new tenant, then the tenants should cover those 90 days of rent – even if they are not living there. To make it easier, you could volunteer to find a replacement tenant who will sign a new lease. If you do the research and hunting, then your landlord might be happy to let you go without a penalty.

      Just my two cents as a landlord. Please keep in mind that I’m not a lawyer, and this is not legal advice. Good luck!

  • Patricia

    My Father age 87, just had a hernia surgery, and an aortic stint, he needs help walking with meals etc.
    I have been in his home taking care if him and his needs appointments meds etc.
    My Son 26 of age and my Dad agreed to rent a room to his friend at the time. This kid 26 is a hermit doesn’t say hello good morning etc. Does not help around the house, take out the trash etc. He makes us feel uncomfortable. I am moving in to take care of my father. How do I go about having him move out. There is no lease. Help please. I can’t live in the same house as him. What do I do

    • Lucas Hall

      Hi Patricia,

      Generally speaking, whenever there is no lease, or no verbal agreement for a set period of time, then the tenancy is treated as a month-to-month agreement.

      735 ILCS 5/9-207(B) says “Except as provided in Section 9-207.5 of this Code, in all cases of tenancy for any term less than one year, other than tenancy from week to week, where the tenant holds over without special agreement, the landlord may terminate the tenancy by 30 days’ notice, in writing, and may maintain an action for forcible entry and detainer or ejectment.
      (Source: P.A. 98-514, eff. 11-19-13.)”

      Please know that I’m not a lawyer, and this is not legal advice. It would be wise to consult and attorney before you act.

  • Tim

    1/26/15 I noticed water dripping from my bathroom door frame. I’m in a two flat house in forest park IL, on the first floor. I called the landlord as soon as I noticed it. He had someone come out that day and he said he couldn’t find why it was happening. He then told me to call him when it happened again. I did the next day and we figured out it was coming from the bathroom above. He said he would have someone couple days to fix the problems,wasn’t fixed. I called six times asking when it was going to be fixed. Always the same answer someone will be in couple days. I called one last time 02/18/15 and same answer. now part of the ceiling is turning brown and it smells bad in there. dry wall on the ceiling is getting ready to fall apart. So I called the local health and safety office. They called him. He then called the renters above us and said getting fixed tomorrow. I then called him and he was really mad and rude. Is there any way that he could terminate my less?

  • Db

    We currently are in a 2 year lease ending may 2016. Sunday we complained of the toilet producing a sewer smell after a load of laundry and the other toilet in a 2 bath house making gurgling sounds and not flushing correctly. Monday a non plumber came out and did some rodding,, solution still not fixed. Tuesday came again still not fixed. Wednesday sent plumbers that didn’t do any work because our landlords didn’t offer payment info so they walked away. Thursday 2 different plumbers came and said it was collapsed pipe. The toilets are not working and we had to stay with family because we have smal children. Also the one bedroom doesn’t get warmer than 64 degrees unless you use a space heater. In your opinion do we have grounds to break our lease in dupage county. This has been a terrible experience and we don’t want to stay due to issues of how long things take to repair and not repaired properly.
    Thank you in advance!

    • Lucas Hall

      Hi Db

      It sounds like your unit is uninhabitable until the toilets get fixed. Occasionally, issues like this happen, and the landlord must be given an opportunity to fix it (which you have given), but at some point, you can send a “10 day Notice to Remedy or Quit” for a lease violation of habitability. (735 ILCS 5/9-210)

      It would be wise to consult an attorney if your landlord refuses to fix the issue or let you terminate the lease.

    • Db

      Thank you for your quick response. Currently our home is uninhabitable because there are two non working toilets since Monday (today is Friday) Finally the landlord is digging and making a repair to a collapsed pipe. We have moved in with family and asked for a per diem for the days we could not stay in the home because of the toilets not working. Our landlord said no because things happen and they are trying. Do we owe money for the days we could not stay there? Also we mailed them a 14 day letter today stating that the repairs need to be made or we will break our lease. Can the landlord still come after us for the term of the lease if the repairs are not complete in 14 days and we break our lease? Also how do I find the housing authority for hinsdale or du page county?
      Thank you!

      • Lucas Hall

        Hi Db,

        Since the dawn of time, the most basic form of the landlord-tenant relationship has been that the landlord provides a habitable dwelling in return for rent money. Without a habitable dwelling, the landlord cannot expect to receive rent – unless the landlord provides an alternative temporary dwelling. Often times, the landlord will put the tenants up in a hotel until the repairs are made. I don’t see how the landlord could expect you to pay rent for the days that he is not providing a habitable dwelling.

        You were smart to send the notice to remedy or quit. If the landlord fails to meet those demands, then you would have the right to terminate the lease. Sure, the landlord might file a case against you – but that doesn’t mean he’d win. Anyone can sue anyone for anything now-a-days.

        If you need legal help, you could hire a local attorney. I did a quick google search and found this housing authority: Perhaps they can help you further.

  • RO

    Cook County Sheriff evicted renters last week. They were not home. All there stuff is still at rental property. I notified them to make arrangements to get their stuff. Told them that I would be charging them a storage fee for everyday they don’t get stuff. No contact from them for 5 days. They won’t make arrangements and won’t pay storage fee. Sheriff said I could put their stuff on the curb. Do I have to notify them when I do that? Or can I just do it? Once it’s curb side, am I responsible if any of it gets taken? When is it considered abandoned?

  • Bill

    Hi, I rented a home I have in East Peoria IL to my ex wife…we have no lease or written agreement. I have listed the home with a realitor for sale and she is not allowing the realitor access to the home. How much notiice is required before I can have this realitor visit the home? I have given my ex notice to move and she is just being difficult.

    • Lucas Hall

      Hi Bill

      Based on my limited research, I didn’t find a statute that regulates the amount of notice required before entering the property. However, typically 24 hours notice is acceptable.

      Please keep in mind, I’m not a lawyer nor is this legal advice. A local attorney would be able to answer you better than I.

  • CM

    Hi, do landlords in Champaign-Urbana, IL have to keep security deposit payments in a separate, federally insured interest-bearing account, so that paid deposits aren’t co-mingled with their own assets? If so, is there a statue number you could give me so that I could review this further?

  • Dan

    I mailed my rent check to my landlord just before the start of the month as I’ve always done. I’ve lived in my unit since October.

    On 3/4, I left the country for a 2-week trip. I notified my landlord via email, so she knew the unit would be empty and I provided her with the name of the hotel I was staying at, as I was not going to have phone or email access outside of the country.

    I got home today. Tonight, I had a knock at the door. I walked to the door and the viewing-hole was covered and I asked who it was and got no answer. It continued so I called the police. As I was calling, the door opened (it was locked). It was my landlord’s husband saying my rent wasn’t received and they weren’t able to contact me. I stepped him into the hallway, I checked my bank account and it hadn’t cleared, so I provided another check immediately. They said I have to vacate, no paperwork. Illegal entry? If the check clears, can they still push to vacate, or does it sound like they’re just jerks?

    • Lucas Hall

      Hi Dan,

      Generally speaking, a landlord is not allowed to enter the property without giving notice, however I couldn’t find a state statute that specifies this.

      If the check clears, then they have no reason to evict you. You account would be paid in full.

      If they hold onto the check and pretend they didn’t receive it, they still have to give you a 5 day WRITTEN notice to pay or vacate (735 ILCS 5/9-209) (scroll down to section 209)

      If the letter really did get lost in the mail, then all they should really care about is getting the money. They can’t cash the new check and still force you to leave. It doesn’t work that way.

      If they keep pressing the issue, then you should get help from a lawyer to put them in their place. Please now that I’m NOT a lawyer, nor is this legal advice. I’m just an experienced landlord, trying to help.

  • Jan

    It would be wonderful if I could receive some good feedback here. I moved into my second floor apartment a month ago. Since that time I’ve been inundated with smoke from the downstairs neighbor. His smoking is so bad that his white blinds are totally brown. He opens no windows and smokes both cigarettes and cigars. No one will visit me because they leave smelling like smoke and coughing. I feel nauseous, have daily headaches, have developed a constant cough and actually taste the smoke, it’s so bad. The landlord has done nothing to resolve the problem, but has agreed to “allow” me to move to the next unit when available. How can this be legal? My items now smell like smoke. I basically just live in one small bedroom to avoid the smoke throughout the rest of the house. I seldom cook because the smell is worse in the kitchen. Landlord said that they will pay no moving expenses. Is there really nothing that I can do here? I’m so sick.

    • Lucas Hall

      Hi Jan,

      The landlord has to provide you with a habitable dwelling. Most people would consider second-hand smoke that turns the curtains brown, not to be habitable if you’re not a smoker.

      The other tenant is responsible to keep his smoke in his own unit. If he can’t do that, then he is infringing on your right to quiet enjoyment, and he in essentially creating a nuisance. The landlord “could” consider that as a lease violation and threaten to terminate the other tenant’s lease. However, it sounds like he doesn’t want to do that, and is only giving you with the option of vacating.

      I think you would be in your right to demand that he fix the problem or put you up in another location (even a hotel). You could give him 10 days notice to remedy the situation or you will be terminating your lease. (735 ILCS 5/9-210 and 9-211)

      However, don’t play that card unless you are seriously about leaving in 10 days. If you do leave, then you could alway sue him for damage (the cost of the move).

      The other option is to demand that your landlord hire a contractor to fill all the gaps in the walls that might allow smoke into your unit. Often times the outlets and light switches are the cause of the problem.

      Lastly, you could get a lawyer involved to send some nasty letters to the landlord. You might see some results then.

      Please know that I’m not a lawyer, nor is this legal advice. I’m just trying to help.

  • anitha

    My Property manager is demanding that I pay them for the cost of repairing damage that was caused by a fire in my apartment .

    Here’s what happened:

    My laptop got exploded when it was plugged in to the electrical outlet, Firefighters had to break neighbors doors to see if someone was strangled inside due to smoke.
    Now my property manager wants us to reimburse for the 1.paint,2.carpet 3.Replace the neighbors doors.

    Lease agreement says below
    “In the event any repair or replacement is necessiated by negligence or willful act on TENANT, TENANT shall on demand reimburse OWNER for the cost thereof”

    We have been arguing that this is an accident and we were not negligent and the neighbors doors were broken by fire fighters.

    But they are saying that they checked with their team(she didn’t mention who it was, i guess their legal dept) and according to Illinois law, Tenants are liable for any damage. I read in online that Liability needs negligence where we were not. Are we really liable?

    • Lucas Hall

      Hi Anitha

      Unfortunately, a tenant is responsible for the damages that his/her personal property causes – just think of hot tubs, fish tanks, space heaters, etc. However, there are a variety of reasons why a computer might have overheated, some of which might be negligence – including failure to maintain the computer properly, or suffocating it with a blanket or comforter. Other reasons could be a faulty battery – for which you would have to make a claim against the computer manufacturer and prove that they didn’t issue a recall that you failed to take advantage of.

      I don’t know what Illinois law says – you’d have to check with a lawyer or that. However, if you have renters insurance, then it will likely cover any liability that might be yours. I’m fairly sure that the landlord’s home owner’s policy will cover the damage, but you would still have to reimburse their insurance company or risk being sued.

      Since the fire damage was so great, I suggest you hire a lawyer and get real legal advice. Doing so might save you thousands of dollars. Unfortunately, I am not a lawyer, nor is this legal advice.

      I’m sorry for the situation that you’re in but I hope my feedback helps… even if just a little.

  • Robert

    Hello, one of my tenants was arrested on DUI charges and possible theft, rent for the apartment has not been received. I have not been able to contact him, however there is an also an unauthorized person living in the apartment. She did not sign any paperwork or pay rent.. What can I do to remove the unauthorized person and what would the process be to terminate the lease? Its month to month.

    Thank you.

  • Robert

    Hi Lucas,
    On February 6th of this year I began renting an apartment in Kankakee, Il for my family and I. I paid deposit and rent in February and then rent at the beginning of this month. On Friday, March 13th early in the morning there where bullet shots the penetrated my side window into the apartment. these said bullet damaged my new living room set and I my self was shot. These shots have left me for the time being unable to work do to a broken femur. I have since learned from my property manager that these bullets were intended for him due to some issues with the shooters. I no longer feel safe for my family or I to live there and was wondering if there was any way to leave and receive my deposit and even a partial rent return being that it is because of the property manager that it is unsafe at my apartment.

    • Lucas Hall

      Hi Robert,

      Wow! I so sorry for the fear and harm that has come to you because of this!

      I don’t know what the local laws are for you, but I’m happy to provide my non-legal opinion.

      I’m having a hard time seeing how the manager is responsible for this. It sounds like he was being shot at too – and therefore a victim as well. No matter how horrible of a PM he may be, he doesn’t deserve to be shot at, nor could he be convicted of the actions of the shooters. He didn’t pull the trigger nor injure you.

      I realize that you don’t feel safe anymore – for good reason. But unless the landlord is failing to provide a safe and habitable dwelling, then he/she is still up-keeping their end of the contract. A landlord can’t control nor guarantee safety outside the dwelling, any more than you can. Heck, the police can’t even guarantee it. The best way to prevent crime is to try to avoid areas that are prone to it.

      With that said, a smart PM would simply let you out of the lease to prevent future lawsuits. Further, if you hire a lawyer, he/she would probably be able to get you out of your lease with only a little bit of effort. Worst case scenario, if you just abandon the lease and leave, the landlord still must make a reasonable attempt to mitigate damages to you (735 ILCS 5/9-213.1). However, if he doesn’t, then you’d have to take him to small claims court.

      Anyway, I hope that helps. Please know that I’m not a lawyer, nor is this legal advice.

  • KRB

    Hi Lucas,
    I rent a single family home in Park Forest, IL. Recently, both of our toilets stopped working, landlord suggests we try to fix it ourselves, not an option water is coming from underneath both toilets, smells like sewage. He couldn’t guarantee when he would have it fixed, we notified that this problem needed to be rectified as we had no other place to go and we have a diabetic in the family and small children. He said we are responsible for maintenance of the fixtures and we would be responsible for the bill if a professional is called. Is this legal? I thought the landlord is responsible for providing a habitable property and out of service plumbing would deem the go use uninhabitable, correct?

    • Lucas Hall

      Hi KRB

      It really depends on the cause of the problem.

      Generally speaking, the landlord is absolutely responsible for fixing the toilets if the blockages are caused by faulty pipes or collapsed segments in the pipes while being used normally.

      However, if the blockage (even if it’s further down the pipe) came from you or your guests, then you could be held responsible. For example, if the main pipe is clogged because someone flushed a loaded diaper, then the tenant could be held responsible for the fix.

      You are certainly correct that if the issue remains unfixed, the unit would become inhabitable. However, an attempt to fix the issue needs to happen before that claim can be made. The landlord should be trying to help the situation by hiring a plumber – even if the responsibility falls back on you due to negligence. But you’ll never know why it’s clogged if you (or the landlord) don’t hire a pro to snake it, or put a camera down there.

      Once you figure out the problem, you can decide who is responsible.

      Anyway, I hope that helps. Please know that I’m not a lawyer, nor is this legal advice.

  • Trese

    I have a question,
    I was told that when living in IL there a law that you have to do a 30 day Notice letter for move out…. Where I live in the Lease it says a 45 day letter notice… Can they just switch the amount of days and put it into a lease or is there no law on how many days you have to give a written letter for move out date??

  • Brad

    I am a Realtor and I just got a new listing were the landlord has decided to sell the home after the tenants have given notice that they are moving out in May. They are refusing to let me show the property at all. What are the sellers (landlords) and tenants rights in this situation?

    • Lucas Hall

      Hi Brad,

      Generally speaking, a landlord (and the landlord’s agent) has the right to enter the property to conduct business with “proper notice”. I couldn’t find a statute that specifies the definition of “proper notice”, but most states will accept 24 hours.

      Showing the property for the sake of selling it is definitely a legitimate business reason, however the landlord must continue to abide by the tenant’s right to quite enjoyment. The tenant’s basic rights of enjoyment start to get violated if a Realtor is showing up unannounced, or during off-hours, or there are so many showings that the tenant doesn’t have any peace and quiet.

      If the tenant is being difficult, and refuses to let you in, even though you’ve given proper notice, call the cops and let the officer sort it out. However, you might want to try that tactic when you don’t have real potential buyers waiting. You could test that theory with some fake buyers, just to see how the tenant will respond.

      Anyway, that’s just my two cents. Please know that I’m not a lawyer nor is this legal advice.

  • Anonymous

    Hello Lucas, its 4:45 a.m sorry but I live in an apartment complex in Willowbrook, IL and about 45 mins ago and probably as we speak now they have been towing cars that either do not have a parking sticker or the sticker they have is “expired,” according to the leasing management. There was a notice sent out to tenants yesterday as of 4/9/15 about the changes in the parking policy. This is illegal because any notice needs to be given within what time frame?? At least 7 days if I’m correct? There is no date or time on this notice that was handed out. It cost $200 to get your car out of the towing lot. Can I hire a lawyer if my car is towed due to failure of a proper parking notice? If the management company change any lease agreement policy about parking the lease holder should have been given how much notice in advance?? Can you direct me to any further information about this situation please? My car has had the same sticker for a year and 5 months and I haven’t had a problem until no

    • Lucas Hall

      Hi there,

      If the previous rules stated that no unauthorized cars, or expired tags/permits will be allowed, then the notice didn’t actually change anything. They were just giving notice that they will enforce the lease rather than letting it go – which is a rule that tenant should have been following in the first place.

      I’ve not heard of the 7 day notice requirement. Where did you find that? If it’s valid, I’ll add it to this page.

      If this was a “change” to the lease agreement, then they can’t really do that. They can’t change the lease without your permission. If it’s not in the lease, but rather just a house rule, then they can change that as they wish. I don’t know if you’re talking about a community sticker, DMV sticker, county sticker, etc.

  • Marc

    Hi Lucas,
    This is an excellent page, with a lot of great info – but I have been searching high and low for some information about the landlord’s/tenant’s rights as they pertain to showing the property. My lease expires at the end of June, and the landlord is planning on selling the unit. My lease is very clear on conditions of entry (i.e., 24 hours notice, etc…), but it is silent on the possibility of an Open House. The market is heating up and I’m sure once the property is listed, she will want to have an open house. I know I am not obligated to vacate, but I am wondering whether I am even obligated to give that kind of access (strangers wandering around my home for 2+ hours isn’t exactly my idea of quiet enjoyment!).
    I know you’re not an attorney – just wondering if you’re either aware of the law here or know where I might be able to find that information.

  • Danielle

    I live in Carol Stream. I have been fighting with my apartment complex over pealing paint in the bathtub. They refuse to fix it. I couldn’t find any state statutes that say I can withhold or basically do anything about it. This isn’t the first issue I have had with them. My toilette exploded the first day I moved in on a guest because of bad plumbing and they failed to install a glass sliding door and had to wait 2 months for it. I also got very sick for cigarette smoke and have logged numerous complaints. Is there any recourse for them failing to fix my bathtub? There are paint chips everywhere and I cannot take baths.

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