Eviction Laws in Chicago, Illinois
Chicago is the third-largest city in the United States with approximately 2.7 million residents, and its rental market is one of the most complex landlord-tenant environments in the country. Roughly half of all Chicago households are renters — over 500,000 rental units across every neighborhood from the Loop to the Far South Side. The city’s economy is massively diversified, with healthcare, finance, technology, logistics, education, and government all driving rental demand. Cook County files an average of more than 22,500 eviction cases per year, and the First Municipal District’s Eviction Court at the Daley Center is one of the busiest in Illinois. But filing volume is only part of the picture — what makes Chicago uniquely challenging for landlords is the Chicago Residential Landlord and Tenant Ordinance (RLTO), a local law that layers extensive additional requirements on top of Illinois state eviction law. The RLTO creates tenant protections that do not exist anywhere else in Illinois, and violations of the RLTO can be raised as affirmative defenses in eviction proceedings. Many experienced Chicago landlords describe the RLTO as a “trap statute” — not because its protections are unreasonable, but because the penalties for noncompliance are severe and strictly enforced, often resulting in dismissal of an otherwise valid eviction case.
The RLTO — What It Is and Who It Covers
The Chicago Residential Landlord and Tenant Ordinance (RLTO), codified in Chapter 5-12 of the Chicago Municipal Code, applies to nearly every rental unit within Chicago city limits. The main exemption is owner-occupied buildings with six or fewer units — but even those buildings are still subject to the Fair Notice Ordinance and anti-lockout protections. The RLTO cannot be waived by lease agreement. If a landlord includes a lease provision that contradicts the RLTO, that provision is unenforceable and the landlord may face penalties for including it. Landlords must provide tenants with a written summary of the RLTO (available on the City of Chicago Department of Housing website) at or before the start of occupancy. Failure to provide this summary can give the tenant a right to terminate the lease and creates a defense in eviction proceedings.
Chicago’s Tiered Notice System — Fair Notice Ordinance
The Fair Notice Ordinance (Section 5-12-130 of the Municipal Code), passed in July 2020, replaced the old 30-day-for-everyone rule with a tiered system based on how long the tenant has lived in the unit. This applies to lease non-renewals, month-to-month terminations, AND rent increases:
Tenancy under 6 months: 30 days’ written notice.
Tenancy 6 months to 3 years: 60 days’ written notice.
Tenancy over 3 years: 120 days’ written notice.
These are among the longest mandatory notice windows in the country. The notice period begins on the first of the month following the date you serve the notice — not on the day of delivery. A notice served on March 15 starts counting on April 1. Serving a notice that terminates a tenancy mid-month is considered defective and will be dismissed in court. Verbal notice does not count — all notices must be in writing, served in person or by certified mail. The penalty for violating the Fair Notice Ordinance is one month’s rent or actual damages, plus attorney’s fees.
Chicago’s 5-Day Notice — With a One-Time Right to Cure
For nonpayment of rent, Illinois law requires a 5-day notice to pay or quit, and that applies in Chicago too. However, the RLTO adds a critical tenant protection: the tenant has a one-time right to cure the nonpayment at any point before the court issues an Order for Possession. This means the tenant can show up on the day of trial, pay all past-due rent plus the landlord’s filing fees and service costs (but not attorney’s fees), and the case must be dismissed. This right can only be exercised once. But it fundamentally changes the calculus for Chicago landlords — even after you’ve served notice, filed suit, served the tenant, and appeared in court, the tenant can cure and you’re back to square one with no recovery of legal fees.
Security Deposits — The RLTO’s Most Litigated Trap
Security deposit compliance is the single most litigated landlord issue in Chicago. The rules are strict and the penalties are severe — two times the deposit amount plus court costs and attorney’s fees for violations. Many Chicago landlords have stopped collecting security deposits entirely because the compliance burden is so high. If you do collect a deposit:
Separate account: The deposit must be held in a federally insured, interest-bearing account at an Illinois financial institution. It cannot be commingled with the landlord’s personal or business funds.
Written receipt: You must provide a written receipt at the time of collection showing the owner’s name, date received, description of the unit, and the signature of the person accepting the deposit.
Interest: You must pay interest annually at the rate set by the City Comptroller (0.01% for 2026). Interest must be paid within 30 days after the end of each 12-month rental period — either by direct payment or rent credit.
Return deadline: Within 30 days of the tenant vacating (or within 30 days of the tenant providing a forwarding address, whichever is later). If deductions are made, provide an itemized statement of damages with receipts or estimates within 30 days. Without proper documentation, you forfeit the right to deduct.
RLTO Summary Addendum: The Security Deposit Interest Rate Summary addendum must be included with all Chicago leases when security deposits are required.
Miss any of these steps and the tenant can recover double the deposit plus attorney’s fees — even in the middle of your eviction case.
More RLTO Requirements That Can Derail an Eviction
RLTO Summary Disclosure. You must provide a written summary of the RLTO to every tenant at or before lease signing. The current summary (updated to reflect 2020 amendments) is available at chicago.gov/rlto. Using an outdated summary or failing to provide one at all creates a tenant defense.
Late Fee Caps. Late fees are capped at $10 for the first $1,000 of monthly rent, plus 5% on any amount above $1,000. Charging higher late fees violates the RLTO and gives the tenant a counterclaim.
Anti-Retaliation Protections. If a landlord raises rent, refuses to renew, or files for eviction within one year of a tenant exercising their legal rights (filing a complaint, requesting repairs, contacting a housing inspector), there is a legal presumption of retaliation. The tenant can sue for damages equal to two months’ rent plus attorney’s fees. This presumption is rebuttable but puts the burden on the landlord to prove a legitimate, non-retaliatory reason for the action.
Tenant’s Abandoned Property. Within Chicago city limits, landlords must store a tenant’s belongings left behind after eviction for at least 7 days before disposing of them. This is a Chicago-specific rule — Illinois state law does not specify a statewide requirement.
Heating Requirements. During heating season (September 15 through June 1), landlords must maintain a minimum temperature of 68°F during the day (8:30 a.m. to 10:30 p.m.) and 66°F overnight. Failure to maintain heat is a habitability violation that tenants can raise as a defense in eviction proceedings.
Proposed Just Cause Ordinance. As of May 2025, a Just Cause for Eviction Ordinance was reintroduced to Chicago City Council. If passed, it would require landlords to provide a valid reason for ending a tenancy (nonpayment, lease violation, owner move-in, etc.) and mandate relocation assistance of 3 to 5 times the median rent if a landlord non-renews for other reasons. The ordinance would also impose new notice requirements for rent increases exceeding 10%. This has not yet been enacted as of the date of this page, but landlords should monitor its progress — it has significant support on the City Council.
The Daley Center — Where Chicago Landlords File
Chicago landlords file Forcible Entry and Detainer actions at the Richard J. Daley Center, located at 50 W. Washington Street, Chicago, IL 60602, in the First Municipal District’s Eviction Court (Forcible Entry and Detainer Section). The Civil Division is in Room 602, and the Sheriff’s Eviction Office is in Room 701. The filing fee is approximately $237 plus $60 per summons served by the Cook County Sheriff. Standard forms for eviction complaints and summons are available from the Clerk of the Circuit Court. All filings must go through eFileIL (Illinois’ mandatory e-filing system). After filing, a court date is typically set two to four weeks out — but continuances, tenant motions, and the sheer volume of the First Municipal District docket mean contested cases can take 8 to 16 weeks from notice to sheriff enforcement. If the landlord prevails, the court issues an Order for Possession, which is filed with the Cook County Sheriff’s Eviction Office (Room 701, Daley Center). The sheriff’s enforcement fee is $65 (e-filed) or $95 (in-person paper filing). The sheriff schedules the physical eviction, which can take an additional 2 to 6 weeks depending on backlog. The Daley Center is accessible via CTA rail (Washington/Dearborn Blue Line, Washington/Wabash elevated lines) and multiple CTA bus routes. Parking is available in nearby garages but is expensive — public transit is recommended. Self-help eviction — changing locks, removing belongings, or shutting off utilities without a court order — is illegal under both Illinois law (735 ILCS 5/9-101 et seq.) and the RLTO, and the only entity authorized to physically remove a tenant is the Cook County Sheriff.
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