General info, not legal advice. Details

Illinois landlord-tenant law FAQ

Last reviewed 2026-10-16

31 answers to common Illinois landlord questions. Every answer is a verified fact with its official source and last-checked date.

How much can a landlord charge for a security deposit in Illinois?

No statewide limit. The Illinois Attorney General says deposits are usually one month's rent, but there is no legal limit on the amount (check local ordinances).

Verified Source: Illinois Attorney General, Landlord and Tenant Rights and Laws · last checked 2026-10-15 · Full security deposit limit page

How long does a landlord have to return a security deposit in Illinois?

To withhold for damage: send an itemized statement with costs within 30 days after the tenant vacates (paid receipts within 30 days if estimates were used). With no statement, return the full deposit within 45 days of move-out. Bad faith can cost twice the deposit.

Verified Source: 765 ILCS 710/1 · last checked 2026-10-15 · Full deposit return deadline page

How much notice does a landlord need to give to raise the rent in Illinois?

Not during a fixed-term lease. For periodic tenancies the landlord may raise rent by any amount with 7 days' notice (week-to-week) or 30 days' notice (month-to-month). Illinois has no rent control law.

Verified Source: Illinois Attorney General, Landlord and Tenant Rights and Laws · last checked 2026-10-15 · Full rent increase notice page

Can a landlord charge a late fee in Illinois, and how much?

No statutory cap. Landlords may charge a reasonable fee for late rent.

Verified Source: Illinois Attorney General, Landlord and Tenant Rights and Laws · last checked 2026-10-15 · Full late fees page

What notice does a landlord have to give before evicting for unpaid rent in Illinois?

Written demand giving at least 5 days after service to pay before the lease is terminated.

Verified Source: 735 ILCS 5/9-209 · last checked 2026-10-15 · Full eviction notice (nonpayment) page

Can cities in Illinois pass rent control?

Preempted. Local governments, including home-rule units, may not enact, maintain, or enforce an ordinance that would have the effect of controlling the amount of rent charged for private residential or commercial property.

Verified Source: 50 ILCS 825/5 · last checked 2026-10-15 · Full rent control / state preemption page

How much notice is needed to end a month-to-month tenancy in Illinois?

The landlord must give written notice to end the tenancy: 30 days for month-to-month, 60 days for year-to-year. No reason is required.

Verified Source: IL AG, Landlord and Tenant Rights and Laws · last checked 2026-10-15 · Full ending a month-to-month tenancy page

Does a landlord have to pay interest on a security deposit in Illinois?

Required if the deposit is held at least 6 months and the building or complex has 25+ units. Interest must be paid or credited to rent every 12 months; willful failure lets the tenant recover an amount equal to the deposit plus costs and attorney's fees.

Verified Source: Security Deposit Interest Act (IL AG guide) · last checked 2026-10-15 · Full interest on deposits page

Is landlord retaliation illegal in Illinois?

Retaliation for filing a complaint with a governmental authority is a defense to eviction.

Verified Source: IL AG, Landlord and Tenant Rights and Laws · last checked 2026-10-15 · Full retaliation protections page

Can a landlord change the locks or shut off utilities in Illinois?

Banned. A landlord must go to court to evict and may not force a tenant out by shutting off utilities, locking them out, changing the locks, or removing their belongings.

Verified Source: IL AG, Landlord and Tenant Rights and Laws · last checked 2026-10-15 · Full lockouts and utility shutoffs page

What can a tenant do if the landlord won't make repairs in Illinois?

Under the Rental Property Utility Service Act, if the landlord fails to pay a utility bill it is responsible for, the tenant may pay it and deduct the payment from rent. Withholding a reasonable part of rent for unmaintained utilities or repairs (after notice) can be an eviction defense.

Verified Source: Rental Property Utility Service Act (IL AG guide) · last checked 2026-10-15 · Full repairs and habitability remedies page

What disclosures must a landlord give tenants in Illinois?

Every landlord must disclose in writing before signing if the unit is in a FEMA 100-year floodplain or has known flooding. That disclosure must also appear in the lease, signed by both parties. Lower-level units have added flooding disclosure rules. Starting January 1, 2027, for leases entered into after that date, all non-optional fees must appear on page 1 of the lease or the tenant does not owe them, and the landlord must disclose whether utilities are included in rent. That fee rule does not apply to owner-occupied buildings with 6 or fewer units.

Verified Source: 765 ILCS 705/25, 705/35 · last checked 2026-10-16 · Full required lease disclosures page

Can a tenant break a lease early for domestic violence or military service in Illinois?

Service members (and family living with them) may end a residential lease after entering military service for more than 29 days, or on PCS orders or deployment of 90+ days (765 ILCS 705/16). Under the Safe Homes Act, a tenant who leaves because of a credible imminent threat of domestic or sexual violence, with written notice within 3 days of vacating, has a defense to rent owed after vacating (765 ILCS 750/15).

Verified Source: 765 ILCS 705/16; 765 ILCS 750/15 · last checked 2026-10-15 · Full early termination (dv/military) page

Can a landlord refuse Section 8 or other source of income in Illinois?

Refusing to rent, or changing rental terms, because of source of income is a civil rights violation.

Verified Source: 775 ILCS 5/3-102 · last checked 2026-10-15 · Full source of income discrimination page

Can a tenant fix something and deduct it from rent in Illinois?

If a required repair costs no more than $500 or half the monthly rent, whichever is less, the tenant may send the landlord written notice by certified or registered mail. If the landlord doesn't make the repair within 14 days (sooner in an emergency), the tenant may have it done properly and deduct the paid bill from rent.

Verified Source: 765 ILCS 742/5 · last checked 2026-10-15 · Full repair and deduct page

What happens if a tenant stays after the lease ends in Illinois?

A tenant who wilfully holds over after the term ends and after a written demand for possession owes the landlord double the yearly value of the property for the time the landlord is kept out.

Verified Source: 735 ILCS 5/9-202 · last checked 2026-10-15 · Full holdover tenants page

How much can a landlord charge for a rental application fee in Illinois?

If a prospective tenant provides a reusable tenant screening report that meets the statute's criteria, including being prepared within the previous 30 days, the landlord may not charge a fee to access the report or an application screening fee.

Verified Source: 765 ILCS 705/30 · last checked 2026-10-15 · Full application fees & screening page

Does a landlord have to provide smoke and carbon monoxide detectors in Illinois?

Every dwelling unit must have at least one working, approved smoke detector within 15 feet of every room used for sleeping. Every dwelling unit must also have at least one working, approved carbon monoxide alarm within 15 feet of every sleeping room.

Verified Source: 425 ILCS 60/3(a); 430 ILCS 135/10(a) · last checked 2026-10-15 · Full smoke & co detectors page

Can a tenant withhold rent for repairs in Illinois?

A search of the full text of the Illinois landlord-tenant acts (765 ILCS 705, 710, 715, 721, 742, 750) and the eviction article (735 ILCS 5/Art. IX) found no statewide rent-escrow or rent-withholding procedure.

Verified Source: 765 ILCS 705-750; 735 ILCS 5/Art. IX (searched in full) · last checked 2026-10-15 · Full rent withholding / escrow page

Can a tenant sublet an apartment in Illinois?

A search of the full text of the Illinois landlord-tenant acts and 735 ILCS 5/Art. IX found no statewide rule on landlord consent to sublet. The lease controls.

Verified Source: 765 ILCS 705-750; 735 ILCS 5/Art. IX (searched in full) · last checked 2026-10-15 · Full subletting & assignment page

What happens to the lease when a tenant dies in Illinois?

A search of the full text of the Illinois landlord-tenant acts and 735 ILCS 5/Art. IX found no statewide provision on what happens when a residential tenant dies.

Verified Source: 765 ILCS 705-750; 735 ILCS 5/Art. IX (searched in full) · last checked 2026-10-15 · Full death of a tenant page

What is the pet deposits/fees & service/esa animals rule in Illinois?

A search of the full text of 765 ILCS 705-750 and 735 ILCS 5/Art. IX (§§ 9-101 et seq.) found no separate rule on pet deposits or pet fees, so any pet deposit falls under the general security-deposit rules in that law. Assistance-animal rules are in fair-housing law, which this site has not reviewed for this topic.

Verified Source: 765 ILCS 705-750 and 735 ILCS 5/Art. IX (§§ 9-101 et seq.) (searched in full) · last checked 2026-10-15 · Full pet deposits/fees & service/esa animals page

What is the eviction record sealing rule in Illinois?

A court may seal an eviction file if the landlord's case was sufficiently without basis in fact or law and sealing is clearly in the interests of justice. Sealing is mandatory for certain foreclosure-related cases, and from Jan. 1, 2026 also for cases dismissed under § 9-106 (P.A. 104-317). Cases filed during the COVID-19 period are sealed under § 9-122.

Verified Source: 735 ILCS 5/9-121, 5/9-122 · last checked 2026-10-15 · Full eviction record sealing page

What is the tenant relocation assistance rule in Illinois?

A search of the full text of 765 ILCS 705-750 and 735 ILCS 5/Art. IX (§§ 9-101 et seq.) found no requirement for landlords to pay tenants relocation assistance. Government relocation programs, such as those for public projects, are in other laws not reviewed here.

Verified Source: 765 ILCS 705-750 and 735 ILCS 5/Art. IX (§§ 9-101 et seq.) (searched in full) · last checked 2026-10-15 · Full tenant relocation assistance page

What is the rent receipts, payment methods & cash rule in Illinois?

A landlord may not require tenants to pay by electronic funds transfer. If the landlord's online payment portal charges a fee, tenants must be allowed to pay by paper check, cash, or another fee-free method.

Verified Source: 765 ILCS 705/3.5, 705/4 · last checked 2026-10-15 · Full rent receipts, payment methods & cash page

What is the condo conversion protections rule in Illinois?

A building can't become a conversion condominium unless all tenants get a notice of intent at least 30 days and no more than one year before the declaration is recorded. If the owner skips the notice and a tenant moves out after non-renewal, the owner owes moving costs up to $1,500, three months' rent, and attorney's fees.

Verified Source: 765 ILCS 605/30 · last checked 2026-10-15 · Full condo conversion protections page

What is the eviction notices for other grounds (lease violation, no-fault) rule in Illinois?

When a tenant breaks a lease term, the landlord may end the lease by giving 10 days' written notice to quit. Code text: "When default is made in any of the terms of a lease, it is not necessary to give more than 10 days' notice to quit."

Verified Source: 735 ILCS 5/9-210 · last checked 2026-10-16 · Full eviction notices for other grounds (lease violation, no-fault) page

What is the scra / military lease termination rule in Illinois?

A service member (or family living with them) may end a residential lease after entering military service for more than 29 consecutive days after signing, or on PCS or deployment orders. Code text: "A tenant who is a service member that has entered military service for a period greater than 29 consecutive days or any member of the tenant's family who resides with the tenant at the leased premises may terminate a lease."

Verified Source: 765 ILCS 705/16(b) (Sec. 16.) · last checked 2026-10-16 · Full scra / military lease termination page

What is the military lease termination (federal scra, all states) rule in Illinois?

Federal law that applies in every state: under the Servicemembers Civil Relief Act, a tenant may end a residential lease after entering military service, or after getting permanent-change-of-station orders or deployment orders of at least 90 days, by delivering written notice and a copy of the orders to the landlord. For a lease with monthly rent, termination takes effect 30 days after the next rent due date following delivery of the notice. Any state-specific rule on this page also applies. Code text: "The lessee on a lease described in subsection (b) may, at the lessee's option, terminate the lease at any time after."

Verified Source: 50 U.S.C. § 3955 (federal Servicemembers Civil Relief Act) · last checked 2026-10-16 · Full military lease termination (federal scra, all states) page

What rights does a tenant have after foreclosure in Illinois?

After a foreclosure, a mortgagee, receiver or sale purchaser who takes control may end a bona fide residential lease only with at least 90 days' written notice, either at the end of a fixed term or for a month-to-month or week-to-week tenancy. Statute text: "may terminate a bona fide lease, as defined in Section 15-1224 of this Code, only: (i) at the end of the term of the bona fide lease, by no less than 90 days' written notice or (ii) in the case of a bona fide lease that is for a month-to-month or week-to-week term, by no less than 90 days' written notice. (b) Notwithstanding the provisions of subsection (a) of this Section, an individual who assumes control of residential real estate in foreclosure pursuant to a judicial sale and who will occupy" (735 ILCS 5/9-207.5(a)).

Verified Source: 735 ILCS 5/9-207.5(a) · last checked 2026-10-16 · Full foreclosure tenant protections page

Can a landlord deny a tenant for criminal or credit history in Illinois?

Illinois landlords and brokers may not refuse a real estate transaction, change terms, or otherwise discriminate because of an arrest record (arrests without conviction, juvenile records, or expunged/sealed/impounded criminal history). Convictions are a separate category under the Human Rights Act. Statute text: "It is a civil rights violation for an owner or any other person, or for a real estate broker or salesman, because of unlawful discrimination, familial status, immigration status, source of income, or an arrest record, as defined under subsection (B-5) of Section 1-103, to:" (775 ILCS 5/3-102; 775 ILCS 5/1-103(B-5)).

Verified Source: 775 ILCS 5/3-102; 775 ILCS 5/1-103(B-5) (Arrest record) · last checked 2026-10-16 · Full criminal & credit history rules page

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