Under Illinois law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under 765 ILCS 705-750, such as the right to timely rent payments and a livable dwelling.
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: These rights cannot be waived regardless of what the rental agreement says.
Landlord Responsibilities in Illinois
Illinois has only a few explicit requirements for legal habitability, unlike most states. In general, landlords have a responsibility to make sure that units are “habitable and fit for living.” This usually means, at minimum, that rental property should not have any major violations of applicable housing codes.
In most cases, landlords must make requested repairs within 14 days. If they do not, then tenants may choose to repair and deduct from the rent, or report code violations to authorities for further action.
Renter’s Rights for Repairs in Illinois
Landlords are required to make necessary repairs in a timely manner. In Illinois, repairs must be made within 14 days after getting written notice from tenants.
If repairs aren’t made in a timely manner, Illinois tenants can make repairs and deduct from the rent, or sue the landlord for habitability violations.
Tenant Responsibilities in Illinois
Apart from paying rent on time, Illinois tenants must:
- Keep the unit clean and undamaged
- Remove any hazards and keep the unit safe for occupancy
- Perform minor repairs and maintenance
- Not disturb other tenants or neighbors
Evictions in Illinois
The most common reasons that Illinois landlords pursue eviction include:
- Nonpayment of Rent: If rent is late, landlords can issue a 5-Day Notice To Pay. If the tenant continues to not pay then the landlord can begin formal eviction proceedings.
- Violation of Lease Terms: If a lease violation occurs, then landlords may issue a 10-Day Notice To Cure or Vacate. If the issue is not remedied then the landlord may begin formal eviction proceedings.
- Lease Termination: If tenants holdover or stay in the rental unit after the rental term has expired, the landlord must give the tenants notice depending on the type of tenancy.
- Week-to-Week: 7-Day Notice To Quit.
- All Other Terms Except Year-to-Year: 30-Day Notice To Quit.
- Year-to-Year: 60-Day Notice To Quit.
- Foreclosure: For a rental property that is being foreclosed upon, the landlord must provide a 90-Day Notice To Quit.
- Illegal Acts: If a landlord has documentation of illegal activities taking place on the property, then they may issue a 5-Day Unconditional Notice To Quit.
Landlords are not permitted to evict tenants in retaliation or for discriminatory reasons.
Many Illinois properties are federally entitled to a minimum 30 days of advance notice before a landlord can file for eviction. This minimum applies to evictions for nonpayment of rent or fees, when a residential property was covered by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act.
Landlord Retaliation in Illinois
It’s illegal for Illinois landlords to retaliate using raised rent, reduced services, eviction, or lease cancellation against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Security Deposits in Illinois
Collections and Holdings: The following laws apply to the collection and holding of security deposits:
- Maximum: None, except the maximum security deposit is one month’s rent if the rental unit is a mobile home
- Inventory Requirement: Landlords are not required to document the condition of the rental unit at the start of the lease term in order to collect security deposits
- Interest Requirement: Applies to landlords leasing 25+ units when the deposit is held longer than 6 months
Local Laws: Cities and towns can enact their own rules. For example, some of these rules are different in Chicago
Returns and Deductions: The following laws apply to the return of security deposits:
- Allowable Deductions: Unpaid rent, utilities, physical damage, costs due to a breach of the lease, charges mentioned in the lease, and other actual costs
- Time Limit for Return: 30 days with deductions; 45 days without deductions
- Max. Penalty for Late Return: Tenants can sue for twice the deposit plus the amount wrongfully withheld, court costs, and attorneys’ fees
- Itemization Requirement: Landlords must send tenants an itemized written statement of any security deposit deductions, with receipts
Lease Termination in Illinois
Notice Requirements: If a tenant wishes to break a lease, they must give the following amount of notice:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | 60 Days |
Early Termination: Illinois tenants may legally break a lease early for the following reasons:
- Early lease termination clause
- Active military duty
- Uninhabitable unit
- Domestic violence
Cost of Breaking a Lease in Illinois
If an Illinois tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Rent Increases in Illinois
Illinois does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because Illinois does not have rent control, landlords can raise the rent by any amount, as often as they choose, as long as they avoid discrimination and do not increase the rent during the lease term.
Illinois state law does not specify how much notice landlords must give before raising the rent. Landlords and tenants can agree on a minimum notice period for a rent increase in the lease agreement.
Housing Discrimination in Illinois
Protected Groups: The Fair Housing Act prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, or disability. These rules do not apply to some owner-occupied homes or homes operated by religious organizations. Illinois has extra provisions to protect individuals on the basis of their age, ancestry, sexual orientation, gender identity, immigration status, marital status, military status, domestic violence history, or pregnancy.
Discriminatory Acts and Penalties: Actions that may be considered discriminatory in Illinois:
- Refusing to rent or buy
- Offering different terms, conditions, or privileges
- Coercion or harassment
If landlords are found guilty of violating the Fair Housing Act or the Illinois Human Rights Act, they can be held liable to up to $21,039 or $16,000 respectively for their first violation.
Additional Landlord Tenant Regulations in Illinois
In addition to having laws that address general issues like repairs and security deposits, most states, including Illinois, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlord Right To Entry in Illinois
Illinois doesn’t have a statewide law describing a landlord’s access rights on rented property, although many cities (like Chicago) have ordinances that specifically lay out rules like required advance notice. In general, the landlord can only enter for purposes reasonably related to the lease, at reasonable times, with reasonable advance notice.
Rent Collection and Related Fees in Illinois
The following laws apply to the collection of rent and related fees:
- Grace Period: Landlords are not required to provide a grace period for the payment of rent before charging a late fee
- Maximum Late Fee: No limit, except it must be reasonable
- Rent Payment Methods: Landlords may not require electronic means for rent or other lease-related payments
- Rent Receipt: Not required
Small Claims Court in Illinois
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $10,000. Illinois Small Claims Court is a division of Circuit Court.
Mandatory Disclosures
Landlords are required to give the following mandatory disclosures before executing a lease:
- Lead-Based Paint: Landlords who own homes built after 1978 must provide information about concentrations of lead paint used in the building
- Radon: Illinois landlords must provide all new tenants with a state-approved pamphlet warning about the dangers of radon exposure, plus copies of any records or reports which might indicate a radon hazard on the premises
- Shared Utility Arrangements: Landlords are required to discuss how the tenant’s share of the utility bill is calculated. The landlord must also provide copies of utility bills if the tenant requests
- Carbon Monoxide: Illinois landlords must provide information regarding a property’s carbon monoxide alarm testing and maintenance, in compliance with the Carbon Monoxide Detector Act.
- Smoke Detector: Illinois landlords must provide information regarding a property’s smoke detector testing and maintenance, in compliance with the Smoke Detector Act.
- Concession Granted: Illinois landlords must disclose in the written lease any concession for rent that is granted by the landlord.
- Flood Zone: Illinois properties on a lower level, or which fall within a FEMA flood zone, require disclosure of the hazard before signing a lease. The law provides a sample disclosure which covers all required elements.
Changing the Locks in Illinois
In counties with over 3 million people, Illinois landlords must change the locks after the conclusion of a lease. Landlords must also change locks when requested by a victim of domestic violence or sexual abuse. Landlords are prohibited from changing the locks as a form of “self help” eviction.
Electric Vehicle Laws in Illinois
As of 2024, Illinois tenants now have a right to access an electric vehicle charging station on the premises. If one does not exist, the tenant may pay to install one, either personally or in coordination with the landlord.
Local Laws in Illinois
Many cities in Illinois have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional landlord tenant regulations.
Chicago Landlord-Tenant Rights
Chicago has many specialized laws relating to housing. You can find a summary of these different rules and regulations here on the City of Chicago’s website.
Aurora Landlord-Tenant Rights
The City of Aurora includes a requirement that all landlords operating within the city limits include an addendum in their leases that requires disclosure of information relating to other local ordinances that regulate noise abatement and property maintenance. To read more about Aurora-specific policies, click here.
Naperville Landlord-Tenant Rights
The City of Naperville has extra legislation protecting tenants against discrimination based on military status and legal source of income, in addition to all other state protections. More information on these policies can be read here.
Sources
- 1 765 ILCS 721/5
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It is declared to be against public policy of the State for a landlord to take retaliatory action against a tenant. A landlord may not knowingly terminate a tenancy, increase rent, decrease services, bring or threaten to bring a lawsuit against a tenant for possession or refuse to renew a lease or tenancy because the tenant has in good faith done any of the following:
(1) complained of code violations applicable to the premises to the relevant governmental agency, elected representative, or public official charged with responsibility for enforcement of a building, housing, health, or similar code;
(2) complained of a building, housing, health, or similar code violation or an illegal landlord practice to a community organization;
(3) sought the assistance of a community organization to remedy a code violation or illegal landlord practice;
(4) complained or requested the landlord to make repairs to the premises as required by a building code, health ordinance, other regulation, or the residential rental agreement;
(5) organized or become a member of a tenants’ union or similar organization;
(6) testified in any court or administrative proceeding concerning the condition of the premises; or
(7) exercised any right or remedy provided by law.
Source Link - 2 765 ILCS 710/1(a)
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…a lessor of residential real property who has received a security deposit from a lessee to secure the payment of rent or to compensate for damage to the leased premises may not withhold any part of that deposit as reimbursement for property damage unless the lessor has, within 30 days of the date that the lessee vacated the leased premises or within 30 days of the date the lessee’s right of possession ends, whichever is later, furnished to the lessee, by personal delivery, by postmarked mail directed to his or her last known address, or by electronic mail to a verified electronic mail address provided by the lessee, an itemized statement of the damage allegedly caused to the leased premises and the estimated or actual cost for repairing or replacing each item on that statement, attaching the paid receipts, or copies thereof, for the repair or replacement. If the lessor utilizes his or her own labor to repair or replace any damage or damaged items caused by the lessee, the lessor may include the reasonable cost of his or her labor to repair or replace such damage or damaged items. If estimated cost is given, the lessor shall furnish to the lessee, delivered in person or by postmarked mail directed to the last known address of the lessee or another address provided by the lessee, paid receipts, or copies thereof, within 30 days from the date the statement showing estimated cost was furnished to the lessee, as required by this Section. If a written lease specifies the cost for cleaning, repair, or replacement of any component of the leased premises or any component of the building or common areas that, if damaged, will not be replaced, the lessor may withhold the dollar amount specified in the lease. Costs specified in a written lease shall be for damage beyond normal wear and tear and reasonable to restore the leased premises to the same condition as at the time the lease began. The itemized statement shall reference the dollar amount specified in the written lease associated with the specific building component or amenity and include a copy of the applicable portion of the lease. Deductions for costs or values not specified in the lease shall otherwise comply with the requirements of this Section. If no such statement and receipts, or copies thereof, are furnished to the lessee as required by this Section, the lessor shall return the security deposit in full within 45 days of the date that the lessee vacated the premises, delivered in person or by postmarked mail directed to the last known address of the lessee or another address provided by the lessee. If the lessee fails to provide the lessor with a mailing address or electronic mail address, the lessor shall not be held liable for any damages or penalties as a result of the lessee’s failure to provide an address.
- 3 775 ILCS 5/3-102
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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:
(A) Transactions. Refuse to engage in a real estate transaction with a person or to discriminate in making available such a transaction;
(B) Terms. Alter the terms, conditions or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith;
(C) Offers. Refuse to receive or to fail to transmit a bona fide offer in a real estate transaction from a person;
(D) Negotiation. Refuse to negotiate a real estate transaction with a person;
(E) Representations. Represent to a person that real property is not available for inspection, sale, rental, or lease when in fact it is so available, or to fail to bring a property listing to the person’s attention, or to refuse to permit the person to inspect real property;
(F) Publication of Intent. Make, print, circulate, post, mail, publish or cause to be made, printed, circulated, posted, mailed, or published any notice, statement, advertisement or sign, or use a form of application for a real estate transaction, or make a record or inquiry in connection with a prospective real estate transaction, that indicates any preference, limitation, or discrimination based on unlawful discrimination or unlawful discrimination based on familial status, immigration status, source of income, or an arrest record, or an intention to make any such preference, limitation, or discrimination;
(G) Listings. Offer, solicit, accept, use or retain a listing of real property with knowledge that unlawful discrimination or discrimination on the basis of familial status, immigration status, source of income, or an arrest record in a real estate transaction is intended.
Source Link - 4 765 ILCS 705/4
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(a) As used in this Section, “electronic funds transfer” means a transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, telephone, computer, or magnetic tape for the purpose of ordering, instructing, or authorizing a financial institution to debit or credit a consumer’s account, including, but not limited to, through the use of an automated clearing house system.
(b) A landlord shall not require a tenant or prospective tenant to remit any amount due to the landlord under a residential lease, renewal, or extension agreement by means of an electronic funds transfer, including, but not limited to, an electronic funds transfer system that automatically transfers funds on a regular, periodic, and recurring basis.
(c) Beginning 90 days after the effective date of this amendatory Act of the 103rd General Assembly, a landlord who violates this Section is guilty of an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act.
(d) This Section applies to leases or agreements executed after the effective date of this amendatory Act of the 103rd General Assembly.
Source Link - 5 420 ILCS 46/26(a) & (b)
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(a) At the time of a prospective tenant’s application to lease a dwelling unit, before a lease is entered into, or at any time during the leasing period, upon request, the lessor shall provide the prospective tenant or tenant of a dwelling unit with:
(1) the Illinois Emergency Management Agency pamphlet entitled “Radon Guide for Tenants” or an equivalent pamphlet approved for use by the Illinois Emergency Management Agency;
(2) copies of any records or reports pertaining to radon concentrations within the dwelling unit that indicate a radon hazard to the tenant, as provided in subsection (c); and
(3) the Disclosure of Information on Radon Hazards to Tenants form, as set forth in subsection (f).
(b) At the commencement of the agreed leasing period, a tenant shall have 90 days to conduct his or her own radon test of the dwelling unit. If the tenant chooses to have a radon test performed, the tenant shall provide the lessor with copies of the results, including any records or reports pertaining to radon concentrations, within 10 days after receiving the results of the radon test. If the tenant’s radon test provides a result in excess of the Illinois Emergency Management Agency’s recommended Radon Action Level and the lessor has elected to not mitigated the radon hazard, the tenant may terminate the lease.
Source Link - 6 765 ILCS 705/25
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(a) As used in this Section:
“Flood” and “flooding” mean a general or temporary condition of partial or complete inundation of a dwelling or property caused by:
(1) the overflow of inland or tidal waves;
(2) the unusual and rapid accumulation of runoff or surface waters from any established water source such as a river, stream, or drainage ditch; or
(3) rainfall.”Lower-level unit” means any garden level unit, basement level unit, or first floor level unit.
(b) Every landlord shall clearly disclose to each of the landlord’s tenants in writing prior to signing the lease for the rental property that a rental property is located in the Federal Emergency Management Agency (FEMA) Special Flood Hazard Area (“100-year floodplain”) and if the landlord has actual knowledge that the rental property or any portion of the parking areas of the real property containing the rental property has been subjected to flooding and the frequency of such flooding. Such disclosure shall also be included in the written lease or the written renewal lease and shall be signed by both parties.
(c) Every landlord who leases a lower-level unit shall clearly disclose to each of the landlord’s lower-level unit tenants in writing prior to the signing of the lease for the lower-level unit if the lower-level unit or any portion of the real property containing the lower-level unit has experienced flooding in the last 10 years and shall disclose the frequency of such flooding. Such disclosure shall also be included in the written lease or the written renewal lease and shall be signed by both parties.
(d) The written disclosure shall look substantially similar to the following:
“(Landlord) [ ] is or [ ] is not aware that the rental property is located in a FEMA Special Flood Hazard Area (“100-year floodplain”). The property has experienced flooding [ ] times in the last 10 years. Even if the rental property is not in a Special Flood Hazard Area (“100-year floodplain”), the dwelling may still be susceptible to flooding. The Federal Emergency Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by address, at no cost, to determine if a dwelling is located in a flood hazard area.
(Landlord) [ ] is or [ ] is not aware that the rental property you are renting has flooded at least once in the last 10 years. The rental property has flooded [ ] times in the last 10 years. Even if the dwelling has not flooded in the last 10 years, the dwelling may still be susceptible to flooding.
Most tenant insurance policies do not cover damage or loss incurred in a flood. You are encouraged to examine your policy to determine whether you are covered. If you are not, flood insurance may be available through FEMA’s National Flood Insurance Program to cover your personal property in the event of a flood. Information regarding flood risks can be found at the dnr.illinois.gov (Illinois Department of Natural Resources), fema.gov (FEMA), and ready.gov/flood (U.S. National public service).
Landlords are required to disclose the above information pursuant to Section 25 of the Landlord and Tenant Act. A landlord’s failure to comply with Section 25 of the Landlord and Tenant Act shall entitle the tenant to remedies as defined in that Section.
……………………..(Tenant Signature) (Date)
……………………..(Landlord Signature) (Date)”
(e) If a landlord fails to comply with subsection (b), and the tenant subsequently becomes aware that the property is located in the FEMA Special Flood Hazard Area (“100-year floodplain”) the tenant may terminate the lease by giving written notice of termination to the landlord no later than the 30th day after a tenant becomes aware of the landlord’s failure to comply with subsection (b), and the landlord shall return all rent and fees paid in advance no later than the 15th day after the tenant gave notice.
If a landlord fails to comply with subsection (b) or subsection (c) and flooding occurs that results in damage to the tenant’s personal property, affects the habitability of the leased property, or affects the tenant’s access to the leased property, the tenant may:
(1) terminate the lease by giving written notice tothe landlord no later than the 30th day after the flood occurred and the landlord shall return all rent and fees paid in advance no later than the 15th day after the tenant gave notice; and
(2) bring an action against the landlord of the property to recover damages for personal property lost or damaged as a result of flooding.
(e) Exemptions. This Section does not apply to farm leases, concession leases, and rental properties owned or managed by the Department of Natural Resources.
(f) This Section may not be interpreted to permit the renting, leasing, or subleasing of lower-level units in a municipality if the municipality does not permit the renting, leasing, or subleasing of such units.
Source Link - 7 765 ILCS 1085/35(a)
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(a) Notwithstanding any provision in the lease to the contrary and subject to subsection (b):
(1) a tenant may install, at the tenant’s expense for the tenant’s own use, a level 1 receptacle or outlet, a level 2 receptacle or outlet, or a level 2 electric vehicle charging system on or in the leased premises;
(2) a landlord shall not assess or charge a tenant any fee for the placement or use of an electric vehicle charging system, except that:
(A) the landlord may:
(i) require reimbursement for the actual cost of electricity provided by the landlord that was used by the electric vehicle charging system;
(ii) charge a reasonable fee for access. If the electric vehicle charging system is part of a network for which a network fee is charged, the landlord’s reimbursement may include the amount of the network fee. Nothing in this subparagraph requires a landlord to impose upon a tenant a fee or charge other than the rental payments specified in the lease; or
(iii) charge a security deposit to cover costs to restore the property to its original condition if the tenant removes the electric vehicle charging system.
(B) the landlord may require reimbursement for the cost of the installation of the electric vehicle charging system, including any additions or upgrades to existing wiring directly attributable to the requirements of the electric vehicle charging system, if the landlord places or causes the electric vehicle charging system to be placed at the request of the tenant; and
(C) if the tenant desires to place an electric vehicle charging system in an area accessible to other tenants, the landlord may assess or charge the tenant a reasonable fee to reserve a specific parking space in which to install the electric vehicle charging system.
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