Illinois Rental Laws

Last updated on August 24, 2016 by

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.

Official Rules and Regulations

Details

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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361 CommentsLeave a Comment

  • Joe

    I want to buy a house, but still in a lease. CAN I legally break the lease without penalty?

  • Bill Hutchins

    My landlord here in Cook County, IL is running a furnace 24/7 but the house in which I rent a room in has a temperature currently of 60 degrees, drafts from windows, front door and what seems to be no insulation in the attic is causing the heat to go right out the house as fast as the furnace can produce it. Is there a law that states a landlord must keep a house, filled with only tenants, landlord does not live here, each tenant is renting 1 bedroom at a certain temperature during the day and the then again at night when we sleep?? Thanks in advance, even if no answer is available for the question.

  • Christina

    Can my landlord increase rent in a middle of a lease?

  • Toby Ellison

    Im currently renting a house with a outdated furnace that doesn’t heat entire house and windows that are also out dated in return producing cold drafts having my electric bill very high to a unimaginable and unpayable rate. Are bedroom just a month ago had black mold all around the baseboards on the walls and on the ceilings and they refused to approach the problem and bought a bottle of spray to fix the problem and we all have had upper respitory problems so we gave refused to pay them until it was fixed and still nothing. They told the town we weren’t paying rent in hopes to humiliate us into moving and hasn’t worked so now they are typing a eviction notice to have us removed. Mind you we have twin 12 boys and a 3 or old living here as we

  • Kevin

    My landlord is demanding $60 for each day that payment is late, on a $1,000 monthly rent. But the rental agreement just says “Late charge: $60” without specifying as a daily rate. I think most people would assume this to mean a one-time fee for the month. I have never heard of such a thing as a daily late fee; it seems almost predatory. Is this even legal in Illinois? Would it hold up in court?

  • Shirley Miller

    I have a month to month verbal agreement with my renters. They moved out and let there son take over the place. He is an adult and causing all kinds of havoc in the neighborhood. Can I give them a thirty day eviction notice to leave without reason stated on notice to quit eviction notice or sell because they broke the verbal agreement?

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