Illinois Landlord-Tenant Laws
Security Deposit Limits
At or before lease signing
- No statewide cap on security deposit amounts
- Landlord may collect any reasonable amount agreed upon in the lease
- Chicago RLTO and Cook County RTLO do not cap deposit amounts either, but impose strict handling rules
- Non-refundable fees (e.g., pet fees, move-in fees) are not regulated by the Security Deposit Return Act
- No state requirement to provide a receipt for the deposit (Chicago RLTO does require a receipt)
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Security Deposit Return Timeline
- 30 days after tenant vacates or right of possession ends, whichever is later
- If estimated costs given, must provide paid receipts within 30 days of the itemized statement
- 45 days if no itemized statement and receipts are provided
- Personal delivery, postmarked mail, or verified electronic mail
- Applies to ALL residential rentals regardless of number of units (effective January 1, 2024)
- Must provide itemized statement of damage within 30 days of tenant vacating
- Statement must include estimated or actual cost per item
- Must attach paid receipts or copies for each repair/replacement
- Landlord may include reasonable cost of own labor for repairs
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Permitted Security Deposit Deductions
Within 30 days of tenant vacating
- May deduct for unpaid rent
- May deduct for damage beyond normal wear and tear
- May deduct for cleaning costs if beyond normal wear and tear
- If lease specifies costs for specific items (e.g., carpet replacement, professional cleaning), landlord may withhold those specified amounts
- Lease-specified deduction costs must be reasonable to restore premises to move-in condition
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Security Deposit Interest Requirements
- Within 30 days after the end of each 12-month rental period
- $5 or more accumulated interest triggers payment obligation
- All accumulated interest, regardless of amount, due at termination of tenancy
- Applies only to properties with 25 or more units in a single building or contiguous complex
- Deposit must be held for more than 6 months before interest accrues
- Interest rate: passbook savings rate of the largest commercial bank in Illinois as of December 31 of the prior year
- Must pay accrued interest within 30 days after each 12-month rental period
- Interest can be paid as cash or credit toward rent
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Security Deposit Transfer on Sale of Property
Upon sale or transfer of property; 21 days for foreclosure notification
- New owner (transferee) becomes liable for all security deposits and prepaid rent
- Original landlord (transferor) remains jointly and severally liable until deposits are properly transferred
- Includes statutory interest that has not been paid to tenant
- In foreclosure: purchaser who receives actual possession of deposits must post written notice on each dwelling unit within 21 days
- Notice must state the new owner has acquired the tenant's security deposit
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Eviction for Nonpayment of Rent (5-Day Notice)
Minimum 5-day written notice after rent is due
- Landlord must serve written demand for rent after rent is past due
- Notice must give tenant at least 5 days to pay
- Notice must state that the lease will be terminated if rent is not paid within the specified time
- If tenant pays all rent due within the 5-day period, landlord cannot proceed with eviction
- If tenant does not pay, landlord may file a forcible entry and detainer (eviction) action
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Eviction for Lease Violations (10-Day Notice)
Minimum 10-day notice to quit for curable lease violations
- Applies to any default in the terms of the lease (other than nonpayment of rent)
- Landlord must give at least 10 days' notice to quit
- 10-day period allows tenant to cure the violation
- If tenant cures within 10 days, landlord cannot proceed with eviction
- If violation is not cured, landlord may file eviction action after 10-day period expires
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Eviction for Illegal Activity (5-Day Unconditional Notice)
5-day unconditional notice — no right to cure
- Applies when tenant uses the property for illegal purposes (drug activity, illegal firearms, etc.)
- Only 5-day notice required
- This is an unconditional notice — tenant has NO right to cure
- Landlord may file eviction action immediately after 5-day period expires
- Covers illegal drug use, manufacture, or distribution on premises
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Eviction of Holdover Tenants and Lease Termination Notices
- 7 days' written notice
- 30 days' written notice
- 60 days' written notice
- Week-to-week tenancy: 7 days' written notice to terminate (735 ILCS 5/9-207)
- Month-to-month tenancy: 30 days' written notice to terminate (735 ILCS 5/9-207)
- Year-to-year tenancy: 60 days' written notice before end of term (735 ILCS 5/9-205)
- If tenant holds over after lease expires without landlord consent, landlord can pursue eviction
- Holdover tenant who refuses to vacate after written demand may be liable for double rent (735 ILCS 5/9-202)
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Illinois Eviction Court Process
Varies; typically 2-6 weeks from filing to judgment
- Step 1: Serve proper written notice (5-day, 10-day, or termination notice depending on grounds)
- Step 2: If tenant does not comply or vacate, file an eviction complaint with the local circuit court
- Step 3: Tenant is served with summons and complaint
- Step 4: Court hearing — either party may demand a jury trial for residential premises (735 ILCS 5/9-108)
- Step 5: If landlord wins, court enters an eviction order (formerly 'order of possession')
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Landlord Repair Obligations and Habitability
Landlord has 14 days to make repairs after written notice (or more promptly for emergencies)
- Illinois does not have a general statutory warranty of habitability at the state level (implied warranty exists in case law)
- Residential Tenants' Right to Repair Act allows repair and deduct for repairs costing $500 or less (or half of monthly rent, whichever is less)
- Tenant must send written notice by certified or registered mail to landlord's address on the lease
- Landlord has 14 days to make the repair (emergency repairs must be more prompt)
- Emergencies: conditions causing irreparable harm or immediate threat to health/safety
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Tenant's Right to Repair and Deduct
14 days after written notice; immediately for emergencies
- Repair must be required under the lease, law, or local ordinance
- Cost must not exceed the lesser of $500 or one-half of monthly rent
- Tenant must notify landlord in writing by certified or registered mail
- Landlord has 14 days to make the repair after notice
- For emergencies (irreparable harm or immediate health/safety threat), repairs must be made more promptly
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Utility Service Protections
7 days' written notice required for temporary utility disruption
- Landlord may not disrupt or terminate utility services except for emergencies or building repairs
- If temporary disruption is required, landlord must give all affected tenants 7 days' written notice
- If utilities are cut off because landlord failed to pay, tenant may pay the utility company directly and deduct from rent
- Tenant may register future utility bills in their own name after following statutory steps
- For buildings with 3+ apartments, utility company cannot cut off service without notice to tenants
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Landlord Right of Entry
No state requirement; Chicago requires 2 days' notice
- NO statewide statute on landlord entry notice requirements
- Entry terms are typically set by the lease agreement
- Landlords should provide reasonable notice as a best practice
- CHICAGO RLTO: Landlord must give 2 days' notice before entry (Mun. Code Ch. 5-12-050)
- Chicago: Notice may be given by mail, phone, written notice, or other good-faith means
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Retaliation Protection for Tenants
Protection applies immediately upon tenant making a protected complaint
- Landlord may NOT terminate or refuse to renew a lease because tenant complained to a government authority about code violations
- The original Retaliatory Eviction Act (765 ILCS 720) was repealed effective January 1, 2025 and replaced by the Let the People Lift the Ban Act (P.A. 103-831)
- The replacement law includes broader retaliatory conduct protections
- Any lease provision permitting termination for making a bona fide complaint is void
- Complaint must be bona fide (made in good faith) regarding building code, health ordinance, or similar regulation
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Late Fees and Rent Payment Rules
Per lease terms; no state-mandated grace period for residential tenants
- No statewide cap on residential late fees — must be 'reasonable' under common law
- IMPORTANT: 770 ILCS 95/7.10 (20% or $20 rule) applies ONLY to self-storage facilities, NOT residential leases
- Late fees must be agreed to in a written lease to be enforceable
- Late fees cannot be punitive — they should approximate actual damages to the landlord
- Courts generally consider 5% of monthly rent or less to be reasonable
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Lease Requirements and Disclosures
At or before lease signing
- Leases for one year or less may be oral or written; leases over one year must be written (Statute of Frauds)
- Must disclose name and address of person authorized to manage the property
- Must disclose name and address of property owner or owner's agent
- Must disclose how utility bills are split among multiple tenants (765 ILCS 740/5)
- Must disclose rent concessions not stated in the rental agreement (765 ILCS 730/3)
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Lease Termination and Month-to-Month Rules
- 7 days' written notice from either party
- 30 days' written notice from either party
- 60 days' written notice before end of year
- Expires on its own terms; no notice required unless lease says otherwise
- Week-to-week: 7 days' notice to terminate (735 ILCS 5/9-207)
- Month-to-month: 30 days' notice to terminate (735 ILCS 5/9-207)
- Year-to-year: 60 days' notice before end of the year (735 ILCS 5/9-205)
- Fixed-term leases end at their stated expiration date
- Either landlord or tenant may give notice to terminate periodic tenancies
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Safe Homes Act — Domestic Violence Tenant Protections
Written notice within 3 days of vacating (or as soon as practicable)
- Tenants who are victims of domestic violence, dating violence, sexual assault, or stalking may terminate their lease
- Tenant must provide written notice to landlord prior to or within 3 days of vacating
- Must state reason for vacating is credible imminent threat of domestic or sexual violence
- For sexual violence specifically: must provide at least one form of evidence (medical, court, police, or victim services statement)
- Sexual violence must have occurred within 60 days of notice (or as soon as practicable if hospitalized or seeking shelter)
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Lock Change Requirements Between Tenants
After unit vacated and before new tenant takes possession
- Applies ONLY in counties with population over 3,000,000 (i.e., Cook County)
- Landlord must change or rekey locks between tenancies
- Change or rekey means: replacing the lock, replacing the cylinder/mechanism, changing combination/digital lock code, or changing electronic lock access
- Must be completed after prior tenant vacates and before new tenant takes possession
- Does NOT apply to: owner-occupied buildings with 4 or fewer units, or rooms in owner-occupied homes
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Military Service Lease Termination
Effective 30 days after delivery of notice (or 30 days after next rent payment date if rent is monthly)
- Applies to service members entering military service for more than 29 consecutive days
- Also applies to permanent change of station or deployment of 90+ days
- Tenant must deliver written notice to landlord with a copy of military orders
- Termination effective 30 days after notice delivery
- If rent is paid monthly, effective 30 days after next rental payment due date
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Chicago Residential Landlord and Tenant Ordinance (RLTO) Overview
Ongoing; applies to all covered Chicago rental properties
- Applies to most rental properties in Chicago EXCEPT owner-occupied buildings with 6 or fewer units
- RLTO summary must be attached to every written lease and given to tenants with oral agreements (5-12-170)
- Security deposits: Must hold in federally insured interest-bearing account (5-12-080)
- Security deposits: Must give tenant a receipt (5-12-080(a))
- Security deposits: Must pay annual interest at rate set by City Comptroller (5-12-081)
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Cook County Residential Tenant Landlord Ordinance (RTLO)
Effective June 1, 2021; applies to suburban Cook County rentals
- Applies to almost all rental units in suburban Cook County (outside Chicago, which has its own RLTO)
- Does NOT apply to: owner-occupied buildings with 6 or fewer units, hotels/motels, dormitories, or certain subsidized housing
- RTLO summary must be attached to lease agreements (Sec. 42-114)
- Landlord must provide written rental agreement (Sec. 42-104)
- Tenant has right to reasonable notice before landlord entry (Sec. 42-105)
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Fair Housing and Discrimination Protections
Ongoing; applies to all housing transactions
- Federal Fair Housing Act protects against discrimination based on: race, color, national origin, religion, sex, familial status, disability
- Illinois Human Rights Act adds protected classes: ancestry, age (40+), marital status, sexual orientation, military status, order of protection status, unfavorable military discharge
- Illinois also protects: arrest record, victims of domestic violence (775 ILCS 5/3-102.1)
- Landlords cannot refuse to rent, set different terms, or otherwise discriminate based on protected classes
- Must make reasonable accommodations for tenants with disabilities
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Rent Concession Disclosure Requirement
Before lease signing
- Applies to buildings with 25 or more dwelling units
- Landlord must disclose any rent concession not already in the rental agreement
- Must clearly label the amount, extent, and nature of the rent concession
- Disclosure must be provided to prospective tenants before signing
- Prevents misleading tenants about the true cost of rent
Smoke and Carbon Monoxide Detector Requirements
At or before lease signing; ongoing maintenance
- Landlord must install working smoke detectors in each rental unit
- Landlord must notify tenant in writing about smoke detector testing and maintenance obligations (425 ILCS 60/3(d))
- Landlord must install carbon monoxide detectors within 15 feet of rooms used for sleeping
- Landlord must notify tenant about CO detector maintenance responsibilities (430 ILCS 135/10(c))
- Smoke detectors required on each level of the dwelling
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