Question 1

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

Accepted Answer

No state statute limiting the amount of a residential security deposit was found in 765 ILCS 710 (Security Deposit Return Act) or 765 ILCS 715 (Security Deposit Interest Act). Local ordinances may set limits.

Question 2

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

Accepted Answer

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.

Question 3

How much notice does a landlord have to give before entering a rental in Illinois?

Accepted Answer

No state statute setting a notice period for landlord entry was found in 765 ILCS 705, 710, 715, 721 and 750.

Question 4

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

Accepted Answer

No rent increase during a fixed-term lease unless the lease allows it. For periodic tenancies, rent changes require ending the tenancy with written notice: 7 days for week-to-week and 30 days for other terms under a year. Illinois has no state rent control.

Question 5

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

Accepted Answer

No state statute capping residential late fees was found in 765 ILCS 705, 710, 715, 721 and 750. The Illinois Attorney General says fees must be reasonable (agency guide).

Question 6

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

Accepted Answer

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

Question 7

Can cities in Illinois pass rent control?

Accepted Answer

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.

Question 8

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

Accepted Answer

The landlord must give written notice to end a periodic tenancy: 30 days for month-to-month (any term under a year other than week-to-week), 7 days for week-to-week, and 60 days for year-to-year (ending at the end of the year). No reason is required by state law.

Question 9

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

Accepted Answer

A landlord of 25 or more units in a building or contiguous complex who holds a deposit must pay interest at a rate tied to the largest Illinois bank's passbook savings rate. Interest of $5 or more is paid in cash or credited to rent within 30 days after each 12-month period; all unpaid interest is due when the tenancy ends. Willful failure makes the landlord liable for an amount equal to the deposit plus costs and attorney's fees.

Question 10

Is a move-in or move-out inspection checklist required in Illinois?

Accepted Answer

No state statute requiring a move-in inspection or checklist was found in 765 ILCS 705, 710, 715, 721 and 750.

Question 11

Is landlord retaliation illegal in Illinois?

Accepted Answer

A landlord may not retaliate against a tenant for protected activity such as complaining to a government agency or the landlord. If the protected activity happened within one year before the landlord's action, retaliation is presumed (rebuttable). Remedies include ending the lease with return of deposit and prepaid rent, recovering possession, and the greater of 2 months' rent or twice the damages, plus reasonable attorney's fees.

Question 12

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

Accepted Answer

A landlord may not cause or request utility service to an occupied building to be cut off, whether by not paying bills the landlord is responsible for or by tampering with equipment or lines (emergency and notified repair shutoffs excepted). The Illinois Attorney General's guide also says a landlord must go to court to evict and may not lock a tenant out; no state statute on lockouts was found in the acts searched.

Question 13

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

Accepted Answer

If a landlord who must pay for water, gas or electric service fails to pay, the tenant may pay the utility to keep service on and deduct the payment from rent.

Question 14

What disclosures must a landlord give tenants in Illinois?

Accepted Answer

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.

Question 15

What can a landlord do with property a tenant leaves behind in Illinois?

Accepted Answer

No state statute setting a procedure for belongings a tenant leaves behind was found in 765 ILCS 705, 710, 715, 721 and 750. 735 ILCS 5/9-318 covers only crops on abandoned premises.

Question 16

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

Accepted Answer

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).

Question 17

Is there a grace period before a late fee can be charged in Illinois?

Accepted Answer

No state statute requiring a grace period before a late fee was found in 765 ILCS 705, 710, 715, 721 and 750.

Question 18

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

Accepted Answer

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

Question 19

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

Accepted Answer

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.

Question 20

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

Accepted Answer

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.

Question 21

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

Accepted Answer

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.

Question 22

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

Accepted Answer

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.

Question 23

Can a tenant withhold rent for repairs in Illinois?

Accepted Answer

A search of the full text of the Illinois landlord-tenant acts (765 ILCS 705, 710, 715, 721, 742, 750) found no statewide rent-escrow or rent-withholding procedure. The eviction article (735 ILCS 5/Art. IX) was not searched.

Question 24

Can a tenant sublet an apartment in Illinois?

Accepted Answer

A search of the full text of the Illinois landlord-tenant acts (765 ILCS 705, 710, 715, 721, 742, 750) found no statewide rule on landlord consent to sublet. The eviction article (735 ILCS 5/Art. IX) was not searched. The lease controls.

Question 25

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

Accepted Answer

A search of the full text of the Illinois landlord-tenant acts (765 ILCS 705, 710, 715, 721, 742, 750) found no statewide provision on what happens when a residential tenant dies. The eviction article (735 ILCS 5/Art. IX) was not searched.

Question 26

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

Accepted Answer

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.

Question 27

What is the eviction record sealing rule in Illinois?

Accepted Answer

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 cases, including those dismissed under § 9-106 and those brought under § 9-207.5.

Question 28

What is the tenant relocation assistance rule in Illinois?

Accepted Answer

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.

Question 29

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

Accepted Answer

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.

Question 30

What is the condo conversion protections rule in Illinois?

Accepted Answer

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.

Question 31

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

Accepted Answer

When a tenant breaks a lease term, the landlord may end the lease by giving 10 days' written notice to quit.

Question 32

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

Accepted Answer

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."

Question 33

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

Accepted Answer

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" entering military service, the date of the military orders, or the date of a stop movement order (50 U.S.C. 3955(a)(1)(A)-(C)).

Question 34

What rights does a tenant have after foreclosure in Illinois?

Accepted Answer

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)).

Question 35

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

Accepted Answer

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)).

Question 36

What federal protections does a tenant have after foreclosure in Illinois?

Accepted Answer

Federal law that applies in every state: under the Protecting Tenants at Foreclosure Act (made permanent in 2018), whoever takes over a home through foreclosure must give a bona fide tenant at least 90 days' notice to vacate. A tenant with a bona fide lease signed before the notice of foreclosure (the date title passes) can stay until the lease ends, unless the unit is sold to a buyer who will live there as a primary residence; that buyer must still give the 90-day notice. Month-to-month and at-will tenants also get the 90 days. A tenancy is bona fide only if the tenant is not the borrower or the borrower's child, spouse or parent, the deal was at arm's length, and the rent is not far below market (unless it is subsidized). State or local laws with longer notice or more protection still apply, and any state-specific rule on this page also applies. Statute text: "the provision, by such successor in interest of a notice to vacate to any bona fide tenant at least 90 days before the effective date of such notice" (Pub. L. 111-22, SEC. 702(a)(1)).

Question 37

What is the domestic violence early termination rule in Illinois?

Accepted Answer

A tenant who leaves because the tenant or a household member faced a credible imminent threat of domestic or sexual violence at the premises is not liable for rent after vacating, if written notice was given to the landlord before or within 3 days of moving out (with conditions in the Safe Homes Act).

Question 38

What disclosures must a landlord give in Illinois?

Accepted Answer

Before signing a lease, landlords must disclose in writing if the property is in a federal 100-year floodplain or has had flooding, and lower-level units have added flood disclosures. The disclosure must be in the lease and signed.

Question 39

What is the right to cure / redeem rule in Illinois?

Accepted Answer

For unpaid rent, the landlord must give written notice of at least 5 days. If the tenant pays within that time, the lease is not ended.

Question 40

How does the eviction court process work in Illinois?

Accepted Answer

An eviction is started by filing a complaint in the circuit court of the county where the property is. The clerk issues a summons.

Question 41

What is the deposit bank holding / separate account rule in Illinois?

Accepted Answer

No state statute requiring security deposits to be kept in a separate account was found in 765 ILCS 705, 710, 715, 721 and 750.

Question 42

Does a landlord need just cause to evict in Illinois?

Accepted Answer

No state statute requiring just cause to end a residential tenancy was found in 765 ILCS 705, 710, 715, 721 and 750.

Question 43

Do landlords need a rental license or registration in Illinois?

Accepted Answer

No state statute requiring landlords to register rental units was found in 765 ILCS 705, 710, 715, 721 and 750.

Question 44

Does a landlord have to give notice before not renewing a lease in Illinois?

Accepted Answer

No state statute requiring advance notice of lease renewal or nonrenewal was found in 765 ILCS 705, 710, 715, 721 and 750.

Question 45

What is the tenant buyout disclosures rule in Illinois?

Accepted Answer

No state statute regulating tenant buyout agreements was found in 765 ILCS 705, 710, 715, 721 and 750.

Question 46

What is the warranty of habitability in Illinois?

Accepted Answer

No state statute setting a general warranty of habitability was found in 765 ILCS 705, 710, 715, 721 and 750. Illinois courts recognize an implied warranty of habitability as case law.

Question 47

Does Illinois have rent control?

Accepted Answer

Rent control is banned statewide. Local governments, including home-rule units, may not enact, maintain or enforce rent control on private residential property.

Question 48

What is the property manager licensing rule in Illinois?

Accepted Answer

Leasing residential property for others generally requires an Illinois real estate license; a limited residential leasing agent license covers leasing-only work.

Question 49

What is the rental / transient occupancy tax rule in Illinois?

Accepted Answer

Illinois taxes hotel operators at 5% of 94% of gross rental receipts, plus an added state tax. Local hotel taxes may also apply.

Question 50

What are the Airbnb / short-term rental rules in Illinois?

Accepted Answer

No state statute regulating short-term rentals was found in 765 ILCS 705, 710, 715, 721 and 750.

Question 51

Can the city inspect my rental property in Illinois?

Accepted Answer

No state statute requiring routine rental inspections was found in 765 ILCS 705, 710, 715, 721 and 750.

Question 52

How much does it cost to file an eviction in Illinois?

Accepted Answer

Each county board sets the eviction filing fee within state caps. An eviction seeking possession plus rent or money (Schedule 2) is capped at $362 in Cook County and $266 elsewhere. A possession-only eviction (Schedule 3) is capped at $270 in Cook County and $94 elsewhere. These are state maximums; each county sets its own fee by ordinance (county ordinances not checked). Sheriff/service fees are extra.

Illinois landlord-tenant law FAQ