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State Reference Guide · Midwest

Illinois
Tenant Rights.

This guide provides a detailed overview of the laws governing the relationship between landlords and tenants in the State of Illinois. While federal laws provide a baseline of protection, Illinois state statutes offer additional, specific rights regarding security deposits, habitability, and protections against retaliation.

Disclaimer: Information provided is for general educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and are subject to change. Consult a qualified attorney for advice specific to your situation.

What rights do tenants have in Illinois?

Tenants in Illinois are protected by state law that governs security deposit limits, the notice a landlord must give before eviction, basic habitability standards (heat, water, electrical, locks), and the deadline for returning your deposit after move-out. Local cities in Illinois sometimes add stronger protections on top of these state-wide rules.

01
MONEY

Security Deposits

Illinois law distinguishes between properties based on the number of units. The primary statute is the Security Deposit Return Act.

Maximum Amount
Illinois state law does not set a limit on the amount a landlord can charge for a security deposit. (Note: Local ordinances, such as Chicago’s RLTO, may limit this to 1.5 months' rent).
Return Deadline
If the property contains 5 or more units, the landlord must return the security deposit within 45 days of the tenant vacating the premises (765 ILCS 710/1).
Itemization Requirements
If the landlord withholds any portion for damages, they must provide an itemized statement of damages within 30 days of the tenant vacating.The statement must include the actual or estimated cost of repair. If estimates are used, the landlord must provide receipts within 30 days of the statement (765 ILCS 710/1(a)).Landlords cannot withhold money for "ordinary wear and tear."
Interest Payments
If the landlord owns a property with 25 or more units in a single complex, they must pay interest on security deposits held for more than six months (765 ILCS 715/1).
Penalties
If a landlord willfully fails to comply with the return or itemization requirements, they may be liable for double the amount of the deposit plus court costs and attorney’s fees (765 ILCS 710/1(c)).
02
NOTICE

Eviction Notices

Evictions in Illinois are governed by the Eviction Act (735 ILCS 5/9-101 et seq.). Self-help evictions (changing locks, removing belongings) are strictly illegal.

Nonpayment of Rent
Landlords must provide a 5-Day Notice to Quit. If the tenant pays the full amount due within those five days, the landlord must accept it and cannot proceed with eviction (735 ILCS 5/9-209).
Lease Violations
For violations other than nonpayment (e.g., unauthorized pets, noise), the landlord must provide a 10-Day Notice to Quit. Under state law (735 ILCS 5/9-210), there is no state-level "right to cure"; the landlord may proceed with the eviction process after the ten-day period expires even if the tenant corrects the violation. However, tenants should check local ordinances (such as the Chicago RLTO) which may provide a specific right to cure.
Month-to-Month Termination
To end a month-to-month lease without cause, either party must provide at least 30 days’ written notice (735 ILCS 5/9-207).
Service of Notice
Notices must be delivered in person, left with someone at least 13 years old residing at the property, or sent via certified/registered mail. Posting on the door is only allowed if no one is in actual possession of the premises.
03
NOTICE

Landlord Entry Requirements

Unlike many states, Illinois does not have a statewide statute that mandates a specific notice period (like 24 or 48 hours) for a landlord to enter a rental unit for non-emergencies.

Common Law & Quiet Enjoyment
Under the "implied covenant of quiet enjoyment," a landlord cannot enter excessively or harass the tenant.
Emergency Exceptions
Landlords may always enter without notice in case of a bona fide emergency (fire, flooding).
Local Exception
Tenants should check local ordinances. For example, the Chicago Residential Landlord and Tenant Ordinance (RLTO) and the Cook County RTLO require 2 days' notice for entry.
04
MONEY

Rent Control Status

State Preemption
Rent control is currently illegal in Illinois. The Rent Control Preemption Act (50 ILCS 825/) prohibits any local unit of government from enacting, maintaining, or enforcing an ordinance that controls the amount of rent charged for private residential property.
Rent Increases
Because there is no rent control, a landlord can increase rent by any amount at the end of a lease term, provided they give proper notice (usually 30 days for month-to-month).
05
SAFETY

Habitability and Repairs

Illinois recognizes the Implied Warranty of Habitability, established by the Illinois Supreme Court (Jack Spring, Inc. v. Little). This means the landlord promises the unit is fit for human occupation.

Required Standards
Units must have working heat, water, electricity, and be structurally sound.
Residential Tenants' Right to Repair Act (765 ILCS 742/)
If a repair is required by law or the lease and costs less than $500 (or half the monthly rent, whichever is less), the tenant may have it repaired and deduct the cost from the rent.Procedure: The tenant must give the landlord 14 days' written notice to fix the issue. If the landlord fails to do so, the tenant can have the work done by a professional and provide the landlord with a receipt.This act does not apply to properties with 6 or fewer units if the landlord lives on the premises.
06
SAFETY

Retaliation Protections

Illinois protects tenants who exercise their legal rights.

Retaliatory Eviction Act (765 ILCS 720/)
A landlord cannot terminate a lease or refuse to renew it because a tenant has: - Complained to a government agency about building or health code violations.Requested repairs.Joined a tenant union.
Defense in Court
If a landlord files for eviction within a year of the tenant’s protected activity, the tenant can use retaliation as a defense in court.
07
LEASE

Lease Requirements and Disclosures

Written Leases
While oral leases are valid for terms under one year, written leases are standard and highly recommended.
Radon Disclosure (420 ILCS 46/)
Landlords must notify tenants in writing of any known radon hazards in the dwelling. If a tenant’s own test shows a hazard, the landlord must be notified.
Lead-Based Paint
Following federal law, Illinois requires disclosure for any property built before 1978.
Utility Disclosure
If a tenant is required to pay for utilities that serve common areas or other units (master-metering), the landlord must disclose this before the lease is signed (765 ILCS 740/).
Unique To Illinois

Protections you won't find everywhere else.

01
The Safe Homes Act (765 ILCS 750/)
This act provides critical protections for survivors of domestic violence, sexual assault, or stalking.
02
Rental Property Utility Service Act (765 ILCS 735/)
If a landlord is responsible for paying utilities but fails to do so, leading to a service shutoff, the tenant can:
03
Electronic Payment Methods (765 ILCS 705/4)
Effective January 1, 2024, under Public Act 103-132, landlords are prohibited from requiring electronic funds transfer (EFT) as the exclusive method of payment for rent or security deposits. This applies to all leases signed or renewed on or after the effective date. Landlords must provide at least one alternative method of payment. Disclaimer: This guide is for informational purposes and does not constitute legal advice. Illinois law can be complex, and local ordinances (especially in Chicago, Evanston, and Cook County) may provide significantly more protection than state law. For specific legal issues, consult with an attorney or Illinois Legal Aid Online.
Cities with local protections

These Illinois cities layer extra tenant protections on top of state law: Arlington Heights, Aurora, Belleville, Bolingbrook, Carbondale, Champaign, Charleston, Chicago, Chicago Heights, Crest Hill, Dekalb, Des Plaines, East Moline, Edwardsville, Elmhurst, Evanston, Glen Ellyn, Harwood Heights, Joliet, Lincolnwood, Lisle, Lombard, Macomb, Moline, Montgomery, Naperville, Normal, Oak Lawn, Oak Park, Ofallon, Oswego, Peoria, Rock Island, Rockford, Romeoville, Savoy, Schaumburg, Skokie, University Park, Urbana, Vernon Hills, Washington, Westmont, Wheaton, Woodridge.

Common Questions

Frequently Asked

Security deposit limits in Illinois are set by state law and typically apply per lease, not per tenant. The exact cap, allowed deductions, and the deadline for returning the deposit are defined in the Illinois statutes section above; deadlines vary by state, so check that section for the specific rule that applies to your lease. Always document the unit's condition with photos at move-in and move-out so you can dispute improper deductions.

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Disclaimer: Information provided is for general educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and are subject to change. Consult a qualified attorney for advice specific to your situation.

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