Illinois Landlord-Tenant Law 

Whether you're a first-time landlord in looking to learn the basics of Illinois landlord-tenant laws or you're a seasoned landlord who just needs to brush up on the state's rental rules, it's vital that you take landlord-tenant laws into account before renting any units to tenants.

As a landlord in Illinois, you're responsible for following Illinois' landlord-tenant laws. These laws are in place to govern the rights of both landlords and tenants in rental situations ranging from lease agreements to the eviction process and to aid landlords in cultivating and maintaining a positive, fair landlord-tenant relationship. In this article, we'll be covering everything you need to know about landlord-tenant laws in Illinois so you can move forward with confidence that you're following both state and federal laws.

All of the essential landlord tenant laws can be found in the Illinois state law code, so be sure to look them over thoroughly before implementing your own policies in your rental business. Additionally, this summary is not exhaustive and these laws are subject to change at any time, so always conduct your own research and don't shy away from seeking legal advice on landlord-tenant questions or disputes in your locality.

Disclaimer: Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and may not be the most up-to-date information.

NEW! 2025 Illinois Rental Laws

From year to year, new rental laws may be passed and pre-existing ones may be amended, and Illinois is no exception. In 2024, several new laws were passed that affect landlords and tenants in Illinois, so it's important to stay up to date on new laws in your area. These laws, as well as other landlord-tenant legislation in Illinois, can be found on the Illinois General Assembly website. 

• Landlord Retaliation Act (Public Act 103-0831): This law, which went into effect in 2025, prohibits landlords from retaliating against tenants who perform protected acts, such as filing complaints or joining a tenant's union. Landlords are not permitted to raise rent or terminate leases in response to these tenant actions.
• Reusable Tenant Screening Reports (Public Act 103-0840): This change to credit report usage in Illinois tenant screening allows tenants to submit reusable credit reports on rental applications. These reports must be timely, accessible, and cost-free for landlords. This law aims to reduce financial burdens for tenants while allowing landlords to effectively evaluate a tenant's credit. 
• New Options for Process Serving in Chicago (Public Act 103-0671): In Cook County, Illinois, when documents are served in civil cases, the sheriff must be hired and paid a fee for the service. This 2025 Illinois law allows licensed private detectives to serve process so that cases in this county, especially those with critical timing, can streamline their procedures.
• Changes to Landlord-Tenant Additional Fees (Public Act 103-0809): This change to Illinois landlord-tenant law requires landlords to allow forms of payment that won't incur a transaction fee, such as cash or check. New legislation like this is part of a broader effort to stop landlords from requiring electronic payments.
• Flood Disclosure Requirements (Public Act 103-0754): This new disclosure requirement, which we'll delve into more below, now requires landlords to disclose any possible flood risks to new tenants before they move into a unit.

Quick Facts

Rights and Responsibilities of Illinois Landlords and Tenants

Landlords and tenants in Illinois are each offered certain rights and responsibilities. These are usually outlined within a lease or rental agreement, but are only valid if they are compliant with federal and Illinois landlord-tenant laws. When both parties follow state and federal regulations, the rental process becomes easier for everyone involved, leading to better communication and satisfaction for both parties.

Below is a brief outline of landlord and tenant rights and responsibilities.

Illinois landlords have the right to:

• Collect rent according to the rental agreement.
• Collect and hold a security deposit for the lease term. In the state of Illinois, there is no required limit on security deposits.
• Withhold funds from the deposit if the tenant fails to pay rent, damages the unit beyond normal wear and tear, or is responsible for other unpaid fees and utilities.
• Screen all residents that will be living in a unit.
• Enter the rental unit periodically for inspections, showings, repairs, etc.
• Begin the eviction process to terminate a lease if a tenant does not pay rent, engages in illegal activity on the premises, or otherwise violates the terms of the lease agreement.
• Establish and enforce all other written lease agreement terms (e.g., pets, guests, parking, etc.), as long as they comply with Illinois landlord-tenant laws.

North Carolina landlords are responsible for:

• Providing safe, habitable housing. Illinois' warranty of habitability requires that Illinois landlords provide safe and habitable housing, including hot and cold running water, HVAC equipment, smoke detectors, and carbon monoxide detectors.
• Complying with all health, safety, and building codes. In Illinois, many regulations for minimum building and housing are written and implemented at the local level, but state law still details that landlords must comply with any local laws. Be sure to research your city or locality's laws for more information.
• Addressing maintenance and repair requests within a reasonable timeframe. This typically means within 24-48 hours for emergencies or critical repairs and 30 days for non-critical repairs. 
• Adhering to fair housing laws. Landlords must comply with the federal Fair Housing Act (FHA) as well as state fair housing laws in Illinois, especially during tenant screening.
• Providing reasonable advanced notice before entering the rental unit. While no specific advanced notice period is required in Illinois, landlords often provide tenants with at least 24 hours' notice before entry in non-emergency situations.
• Maintaining common areas. Common areas include hallways, laundry rooms, gyms, sidewalks, parking lots, and other spaces shared by tenants.
• Paying the property taxes and insurance premiums for the property. These costs are often passed on to tenants through the rent pricing, but landlords are responsible for making the payments and maintaining appropriate coverage. 
• Following the proper legal procedures for evictions. "Self-help" evictions of tenants are illegal in every state, including Illinois. Landlords must go through the entire legal Illinois eviction process to remove a tenant.
• Returning the security deposit within 30 days after the end of the lease (if the property contains five or more units).

Illinois tenants have the right to:

• Safe, habitable housing. Tenants have a right to housing with working utilities and appliances and that is free from pests, weather damage, and environmental hazards.
• Legal justice in cases of landlord negligence, harassment, or discrimination. Tenants can sue landlords for violating the agreed-upon lease terms or breaking Illinois tenant laws.
• Prompt maintenance and repairs. According to Ilinois law, landlords usually a "reasonable period of time" to make repairs in the unit, depending on the severity of the problem. This often requires written notice from the tenant that an issue has occurred, unless the problem is an emergency.
• Privacy and security in their home. All units should have working locks, and landlords should avoid unnecessary entry into units to maintain and respect tenant privacy.
• Advanced notice before rent increases, terminations, evictions, or entry. Landlords must send advanced notice before any of these events.
• “Quiet enjoyment” of the property. All tenants are entitled to use the property without intrusion or excessive disturbances from the landlord or neighbors.
• Protection from retaliatory evictions. Tenants cannot be evicted for exercising their legal rights, filing a complaint against the landlord for violations, or reporting unsafe conditions on the property.

Illinois tenants are responsible for:

• Paying rent on time. Tenants are responsible for paying any applicable late fees, utilities, or pet fees.
• Complying with all lease terms, so long as those terms comply with Illinois state law.
• Keeping the unit in clean and safe condition. This involves maintaining general sanitation, disposing of trash, etc.
• Promptly reporting maintenance problems, especially in the case of an emergency.
• Making certain minor repairs, like replacing smoke alarm batteries in the unit.
• Paying for repairs if the tenant or their guest damages the rental property. Tenants are held responsible if a guest causes damage to the property.
• Providing advanced notice of intention to move out. If a tenant plans on moving out at the end of the lease term, they must provide their landlord with reasonable advanced notice.
• Not using the rental unit for an unintended purpose. For instance, if the property is residential, tenants are not permitted to use it to run a business.

Illinois Required Disclosures 

Required disclosures are information that landlords are legally obligated to share with tenants prior to moving into the unit, usually related to possible hazards, right a tenant has under the lease, or policies the landlord has set. 

Below, you'll find a list of required disclosures in Illinois. These are usually included in the Illinois lease agreement, but some disclosures may require additional documentation.

• Lead-based paint (Title X, Section 1018). Landlords in all 50 states must include information about lead-based paint hazards in the rental agreements for most properties built before 1978. Sellers and landlords must distribute an EPA-approved information pamphlet called “Protect Your Family from Lead in Your Home” and disclose any known lead hazards in the rental property. These obligations were established by Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992. 

• Radon Hazards (420 ILCS § 46/25). Illinois landlords are required to disclose the existence of radon hazards to tenants in all lease agreements for units located below the third story above ground level. If radon has been detected in the rental unit, the landlord must disclose this in writing to prospective tenants.  

• Smoke Detectors (425 ILCS § 60/3(d)). Landlords in Illinois must provide a written notice with information about smoke detector testing and maintenance to at least one tenant per unit. 

• Carbon Monoxide Detectors (430 ILCS § 135/10(c)). Landlords in Illinois must provide a written notice with information about carbon monoxide alarm testing and maintenance to at least one tenant per unit. 

• Rent Concession (765 ILCS § 730/3). The Rent Concession Act regulates concessions landlords may offer on rent or policies that may be misleading to a potential renter. If a landlord in Illinois offers a rent concession, they must provide a clearly legible notice, in letters one-half inch high or taller, stating “Concession Granted” with the amount, extent, and nature of each concession. 

• Shared Utilities (765 ILCS § 740/5(a)). If utility costs are shared among tenants, Illinois landlords must include a written copy of the formula the landlord uses to allocate the public utility payments among tenants. This copy must be provided either in the written lease or another written agreement. 
• Flooding (Public Act 103-0754). Landlords in Illinois must share with tenants if the unit is in a FEMA flood zone or if any other flood risks are present around the property. This disclosure must be given to tenants in writing before the lease is signed.

Additional Reading: Illinois Residential Lease Agreement

Rent and Fees in Illinois

Illinois does not have rent control, but there are other laws that govern how you can collect rent and other fees from month to month. Below are some of the most important rent and fee laws in Illinois:

Rent Payments

• Rent Due Date: Rent in Illinois is due when stated in the lease agreement. If the landlord’s property consists of 100 or more residential units, and the landlord maintains a business office on the premises with regular hours, they must accept rental payments there during office hours without penalty (735 ILCS § 5/9-218(a)). 
• Rent Increases: There is no state-wide rent control in Illinois.  
• Grace Period: There is no required grace period in Illinois. 

Fees

• Application Fees: Rental application fees are not regulated in Illinois.  
• Late Fees: Late fees for residential leases are not regulated in Illinois. However, Illinois courts are more likely to uphold reasonable late fees that compensate the landlord for actual damages caused by the unpaid rent or late rent payments.
• NSF/Bounced Check Fee Maximum: If the tenant’s rent check bounces, the landlord may charge a returned check fee of $25 (810 ILCS § 5/3-806). 

Tenant Remedies

• Withholding Rent/Repair and Deduct: If an Illinois landlord fails to make a repair required by law or under the lease, and the repair costs less than $500 or one-half of the monthly rent, the tenant may send a written notice to the landlord. If the landlord does not make the repair within 14 days, the tenant may make the repair, submit a paid bill from the contractor, and deduct the amount from their rent. The tenant must also include the name, address, and phone number of the contractor or tradesman who provided the service. Additionally, the tenant cannot use the repair-and-deduct right when the condition was caused by the tenant (765 ILCS § 742/5). 

Illinois Security Deposits

Many states have strict rules regarding security deposits and how they're to be collected, held, and returned. Here are some of the most important laws surrounding security deposits in Illinois:

• Deposit Limit: There is no limit on security deposit amounts in Illinois. 
• Interest: Landlords must pay security deposit interest to tenants and keep deposits in interest-bearing accounts. This law applies when the property contains 25 units or more and the deposits are held for longer than six months. The interest rate should equal the interest paid by the largest commercial bank in the state (765 ILCS § 715/1). 
• Return Within: 30 days if the property contains five or more units (765 ILCS § 710/1(a)). 
• Deposit Location: Landlords must keep security deposits separate from other funds in an interest-bearing account for properties with 25 units or more or tenancies longer than six months (765 ILCS § 715/1). 
• Withholding: Illinois landlords may withhold funds from the security deposit for damage beyond normal wear and tear or for reasonable costs necessary to restore the property to its original condition. They must also provide an itemized statement of the damage allegedly caused to the property and the cost of repairs, with copies of all receipts (765 ILCS § 710/1(a)). 

Tenant Screening and Fair Housing Protections in Illinois

What actions are considered housing discrimination?

Tenants have legal protection against unfair housing practices in every state. The Federal Fair Housing Act (Title 24 USC § 3601-3607) prohibits unlawful discrimination in all aspects of housing. Housing discrimination occurs when landlords engage in discriminatory practices when:

• Accepting or denying tenant applications
• Choosing the methods they will use to screen tenants
• Advertising units
• Writing listings
• Deciding to increase rent
• Allocating rent credits or discounts
• Providing maintenance and service to the property
• Evicting tenants
• etc.

What are the protected classes in Illinois?

• The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, gender, national origin, familial status, and disability (Title 24 USC § 3601-3607). Illinois state law adds protections for age, ancestry, sexual orientation, gender identity, marital status, military status, domestic violence victims (order of protection status), and pregnancy (775 ILCS § 5/1-102(A)). 

Use of Credit Reports 

• Illinois landlords are subject to the federal Fair Credit Reporting Act (FCRA), which outlines the responsibilities of landlords to protect tenant credit information. According to the Act, landlords may not share tenant credit information with anyone without a legal reason to view it. They must also investigate disputed information, dispose of credit reports after use in tenant screening, and notify applicants when their credit score or history was the reason for their denial. See the federal law code (15 USC § 1681) for the Fair Credit Reporting Act full text.   

Use of Criminal Histories 

• Criminal background checks may be used during tenant screening in Illinois. Landlords may refuse to lease a property if the criminal background check reveals felony convictions, indicates that the applicant is a registered sex offender, or proves that the applicant’s tenancy would threaten the health, safety, or property of others. Landlords may not use criminal background checks to discriminate against a protected class (765 ILCS § 705/3; HB0367) 
• Illinois landlords should follow HUD recommendations for using criminal background checks fairly. This includes avoiding blanket policies for denying applicants with criminal convictions, assessing applicants and their criminal histories on a case-by-case basis, and only denying an applicant when they demonstrate a risk to the safety of other residents or the property. 

Additional Reading: Illinois Background Checks

Entry Laws in Illinois

Illinois, unlike many states, does not have laws requiring landlords to give advanced notice before entering a rental. Even so, landlords generally respect the privacy of their tenants by allowing them 24 hours' notice before entering the property in a typical non-emergency situation and by entering during reasonable hours.

• Advanced Notice: There is no state law in Illinois requiring landlords to give advance notice before entering a property.  
• Permitted Times: Illinois state law does not designate any time-of-day restrictions for entering. 

• Emergency Entry: There is no state statute regarding emergency entry in Illinois. 

Illinois Eviction Notices 

Evictions are complex legal processes often poorly understood by both parties. Before pursuing eviction in Illinois, consider hiring an experienced real estate attorney and be sure to review the Illinois eviction process in more detail. Evictions can quickly become expensive, time-consuming processes, so be sure to consider whether the issue can be resolved through means such as an agreement or improved landlord-tenant communication before moving forward with the eviction process.

• Rent Demand Notice: 5 days to pay or quit (735 ILCS § 5/9-209). If a tenant tries to withhold rent or it is otherwise unpaid by the time it is due and the lease does not specify how much notice will be given, the landlord must provide a notice for 5 days to pay or quit.
• Notice for Lease Violation: 10 days to quit. This notice applies when a tenant violates a lease term other than nonpayment. The landlord need not give the tenant an opportunity to fix the violation (735 ILCS § 5/9-210). 
• Unconditional Quit Notice: 5 days to quit. If a tenant is found to participate in criminal activities (such as using, possessing, or selling illegal drugs on the premises), the landlord may issue a five-day unconditional quit notice. After issuing the notice and waiting five days, the landlord can file an eviction lawsuit (735 ILCS § 5/9-120; 740 ILCS § 40/11).  
• Fair Notice Ordinance: A new ordinance approved for Chicago in 2022 changed how landlords must handle non-renewals (lease terminations). According to eviction law Chicago landlords must provide 60 days’ notice to terminate leases lasting between six months and three years, and 120 days’ notice to terminate leases longer than three years. 
• Residential Tenant Lockout: A residential tenant lockout occurs any time a landlord does or threatens to do any of the following to make a unit uninhabitable: change the locks, block any entrance, remove doors, shut off utilities, remove property or belongings, etc. A residential tenant lockout constitutes an illegal eviction Illinois law forbids. 

Additional Reading: Illinois Eviction Process and Laws [2025]

Illinois Squatter's Rights

Squatters are individuals who move into a property without permission from the owner. Evicting squatters in Illinois, while sometimes more complicated, often requires undergoing the entire eviction process. Before evicting a squatter in Illinois, be sure to review the relevant statutes and seek advice from a real estate lawyer. Never try to remove a tenant or a squatter on your own.

Additional Reading: Illinois Squatter's Rights & Adverse Possession Laws [2025]

Other Laws and Facts About Illinois 

• The average rent rate in Illinois is $1,600 per month. 
• The average rent price in Chicago is $1,800 per month, which is 3% lower than the national average. 
• The city of Chicago requires landlords to give at least 48 hours’ notice before entering a unit. Landlords must also enter on Monday-Friday between 8 am and 6 pm. Emergency entry without notice is permitted (Chicago MUN. Code Ch. 5-12-050). 

Conclusion

Illinois' landlord-tenant laws may seem complex, especially since they're subject to change as new laws are passed or old ones are amended; however, it's crucial that you, either as a landlord or tenant, are adhering to these laws. By failing to comply with Illinois' landlord tenant laws, you open yourself up to fines, penalties, and a damaged reputation. By ensuring that you're following both federal and state laws, you can be sure you'll have a smoother, easier rental experience.

FAQs

What is the maximum security deposit a landlord can charge?

The state of Illinois does not have a state-wide limit for security deposits, meaning a landlord can charge any amount they see fit. A typical and reasonable amount for a security deposit is usually one- to two-months' rent.

Are there rent control laws in Illinois?

No, Illinois does not have rent control laws. Rent control is prohibited across the state, meaning that landlords can raise rent at their own discretion, so long as they have given tenants proper notice.

Can a landlord evict a tenant without going to court?

No. Self-help evictions are illegal in every state, including Illinois. Landlords cannot change locks, remove belongings, or take any other actions to evict a tenant on their own. The Illinois eviction process must be followed in order to evict a tenant.

When must a landlord return the security deposit?

If a landlord has five or more units, the security deposit must be returned within 30 days. In the city of Chicago, the landlord has 45 days to return the security deposit.

Can Illinois landlords charge late fees for rent?

Yes. Illinois does not have state-wide restrictions on late fees as long as they're "reasonable," but the city of Chicago states that "late fees are capped at $10 for the first $1,000—after that, late fees are 5% of the overall rent."

Free Downloads

1. Illinois Residential Lease Agreement
2. Illinois Quitclaim Deed
3. Illinois Courts Eviction Forms 

Resources

1. Illinois Housing Market Trends & Forecast
2. Illinois General Assembly
3. Illinois Landlord Tenant Act
4. Illinois Court-Based Rental Assistance Program
5. Chicago Residential Landlord Tenant Ordinance
6. Real Estate Terms & Definitions