Illinois Rental Laws

Written on November 12, 2012 by , updated on March 16, 2018

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

Security Deposit:

  • Security Deposit Maximum: No Limit (765 ILCS 710/1)
  • Deadline for Returning Security Deposit:  The landlord must return the security deposit to the tenant within 45 days of the tenant moving out of the unit. The deposit must be delivered in person or via postmarked mail. (765 ILCS 710/1(a))
  • Nonrefundable Deposits:  No statute
  • Security Deposit Interest: Landlords who own 25 or more units must pay interest on deposits held for 6 months or longer. The 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. Earnings from the interest must be credited or paid-out to the tenant every 12 months. (765 ILCS 715/1&2)
  • Separate Security Deposit Bank Account: No statute
  • Pet Deposits and Additional Fees: No statute
  • Advance Notice of Deposit Withholding: No statute
  • Move-Out Checklist / Itemized List of Damages and Charges:Yes, and the list must be sent to the tenant within 30 days from the day the tenant moved out of the rental unit. (765 ILCS 710/1)
  • Joint Move-Out Inspection: No statute
  • Record Keeping of Deposit Withholdings: No statute
  • Receipt of Deposit:  No statute
  • Failure to Comply:  If the landlord fails to return the security deposit within 45 days, the tenant is recover twice the amount owed, plus court costs and “reasonable” attorney fees (765 ILCS 710(c).

Lease, Rent & Fees:

  • Rent Increase Notice: No statute
  • Late Fees: Landlords may charge a “reasonable” late fee, defined as $20 or 20% of the rent, beginning on the fifth day after the rent is due (770 ILCS 95.7.10)
  • 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 the cost of repairs 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-120(d))
  • 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): Yes (735 ILCS 5/9-102)
  • 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 (765 ILCS 750/1).
  • Landlord must provide a formula for dividing up utilities when utilities are split among multiple tenants. (765 ILCS 740/5)
  • Landlord must disclose any existence of Radon in any rental unit (420 ILCS 46/25)
  • Tenant may terminate a lease early in special circumstances involving sexual assault, sexual abuse, or domestic violence. (765 ILCS 750/5)
  • Landlords must change the locks if requested by a domestic violence victim. (765 ILCS 750/20)
  • Landlords can ask tenants to provide proof of domestic violence status in the form of medical or court records, police reports, or a statement from a victim services or domestic violence organization. (765 ILCS 750)
  • Landlords must not disclose the status of the domestic violence victim to anyone. (765 ILCS 750/27)
  • 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:

Business Licenses:

  • Business License required: No statewide statute, but local cities and counties may have regulations and requirements.  Check with your local governing authority.

Court & Legal Related

State Agencies & Regulatory Bodies

Housing Authorities

Realtor, Landlord and tenant associations

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417 CommentsLeave a Comment

  • Chrystal

    I babysit my grandson and I do it at my house and his mother’s my question is can her landlord tell her she can not have guest he has asked several times if I lived there and we have told him multiple times that I was just there to watch the baby we had gone there Tonite to take the baby there and put him to bed and her landlord came over telling us we made her break the lease by being there then my husband cought him peeking in her windows he says that her lease says she can not have anyone spend the nite I have not seen the lease can he do that

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