Illinois Landlord-Tenant Law
The rules for renting in Illinois — security deposits, eviction, ending a lease, repairs and rent — with the statute or official page behind every answer.
Quick answers for Illinois
- Security deposit limit
- No statewide legal limit on the amount of a security deposit. Illinois AG fact sheet 'Landlord and Tenant Rights and Laws' (01/24)
- Deposit return deadline
- If the landlord withholds anything for damage, an itemized statement with estimated or actual repair costs and paid receipts is due within 30 days after the tenant vacates (or possession ends, whichever is later); if no statement is given, the full deposit must be returned within 45 days after the tenant vacates. 765 ILCS 710/1
- Notice for unpaid rent
- Written demand giving not less than 5 days after service to pay; if unpaid, landlord may end the lease and file for eviction. To keep partial payments from invalidating the notice, it must state that only FULL PAYMENT waives the right to terminate. 735 ILCS 5/9-209
- Ending a month-to-month lease
- Landlord: 30 days' written notice for any tenancy under one year (other than week-to-week); 7 days for week-to-week; 60 days for year-to-year. Tenant: no statute specifies; the AG says a 30-day written notice is normally sufficient unless the lease requires more. 735 ILCS 5/9-207, 9-205
- Landlord entry notice
- No statute (statewide). Entry is governed by the lease and local ordinances. 765 ILCS 705 (Landlord and Tenant Act — no entry provision)
- Rent control / increase limits
- No statewide rent control, and home rule units are preempted from regulating the amount of rent charged for private residential or commercial property. 50 ILCS 825/10 (Rent Control Preemption Act)
Last verified against official sources: 2026-10-22
Security Deposits in Illinois
| Security deposit limit | No statewide legal limit on the amount of a security deposit. AG: 'there is no legal limit on the amount your landlord can require.' Local ordinances may differ. |
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| Deposit return deadline | If the landlord withholds anything for damage, an itemized statement with estimated or actual repair costs and paid receipts is due within 30 days after the tenant vacates (or possession ends, whichever is later); if no statement is given, the full deposit must be returned within 45 days after the tenant vacates. Amended by P.A. 103-224 (eff. 1-1-24): statement may be emailed to a verified address; landlord may deduct lease-specified component costs. P.A. 103-224 also struck the former 'containing 5 or more units' limit, so the Act now covers all residential lessors (https://www.ilga.gov/Legislation/publicacts/view/103-0224). The AG fact sheet (01/24) still describes the old 5-unit threshold and is outdated on this point. Source: 765 ILCS 710/1 |
| Itemized deductions | Itemized statement of damage with estimated or actual repair/replacement cost for each item, with paid receipts (or copies) attached, delivered within 30 days by personal delivery, postmarked mail, or email to a verified address; if estimates are used, paid receipts must follow within 30 days. If receipts are unavailable through no fault of the landlord, a verified statement explaining why is allowed. Landlord may charge reasonable cost of own labor. Source: 765 ILCS 710/1(a)-(b) |
| Interest on deposits | Required only for landlords of 25 or more units (single building or contiguous complex) holding a deposit more than 6 months: interest at the passbook savings rate of the largest Illinois-headquartered commercial bank as of Dec. 31 before the lease began; paid within 30 days after each 12-month period (if $5 or more) in cash or rent credit, and all remaining interest at termination. Public housing exempt. Willful failure to pay interest: liable for an amount equal to the deposit plus costs and attorney fees. Chicago RLTO has its own interest rules. Source: 765 ILCS 715/1-3 |
| Penalty for withholding | If a court finds the landlord refused to supply the itemized statement or supplied it in bad faith and failed to return the deposit on time: twice the amount of the deposit due, plus court costs and reasonable attorney's fees. Source: 765 ILCS 710/1(c) |
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Eviction in Illinois
| Notice for unpaid rent | Written demand giving not less than 5 days after service to pay; if unpaid, landlord may end the lease and file for eviction. To keep partial payments from invalidating the notice, it must state that only FULL PAYMENT waives the right to terminate. Service methods: 735 ILCS 5/9-211 (personal delivery, person 13+ residing on premises, certified/registered mail, or posting if no one in possession). Source: 735 ILCS 5/9-209 |
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| Notice for lease violations | 10 days' written notice to quit after default in any lease term (other than rent). Statute does not require an opportunity to cure. A 5-day notice applies for Class X felony on premises when a HUD drug-free lease addendum was signed (765 ILCS 705/5). Source: 735 ILCS 5/9-210 |
| Lockouts & utility shutoffs | Self-help eviction not allowed: a landlord must go to court and may not evict by turning off utilities, locking the tenant out, changing locks, or removing belongings; only a sheriff may physically evict. No specific statewide statute with a penalty for lockouts was located; Chicago RLTO imposes daily fines for lockouts. If a landlord fails to pay utilities it owes, tenants may terminate or pay and deduct (765 ILCS 735/1). |
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Notice to Vacate in Illinois
| Ending a month-to-month lease | Landlord: 30 days' written notice for any tenancy under one year (other than week-to-week); 7 days for week-to-week; 60 days for year-to-year. Tenant: no statute specifies; the AG says a 30-day written notice is normally sufficient unless the lease requires more. Bona fide tenants in foreclosed properties get at least 90 days' notice (735 ILCS 5/9-207.5). Tenant notice from AG fact sheet: https://illinoisattorneygeneral.gov/Page-Attachments/LandlordAndTenantRightsLaws.pdf Source: 735 ILCS 5/9-207, 9-205 |
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Landlord Entry in Illinois
| Landlord entry notice | No statute (statewide). Entry is governed by the lease and local ordinances. Chicago RLTO and some other local ordinances impose entry-notice rules. |
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Repairs & Habitability in Illinois
| Repair and deduct | Allowed for repairs costing no more than the lesser of $500 or one-half of monthly rent: tenant sends written notice by registered/certified mail; if landlord does not repair within 14 days (or sooner in an emergency), tenant may have a licensed, insured, unrelated tradesman do the work and deduct the paid bill from rent. Does not apply to public housing, condominiums, co-ops, owner-occupied buildings with 6 or fewer units, or mobile homes. Separately, if a landlord fails to pay utilities it is responsible for, the tenant may pay and deduct (765 ILCS 735/1). Source: 765 ILCS 742/5, 742/10, 742/15 |
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| Withholding rent | No general statewide rent-withholding statute. The AG lists, as an eviction defense, withholding a reasonable portion of rent where the landlord failed to maintain utilities or make repairs after notice. Withholding under the Right to Repair Act is a defense only if all of its requirements are met (765 ILCS 742/20). Chicago RLTO has a separate withholding procedure. |
| Retaliation protection | Landlord may not knowingly terminate, raise rent, decrease services, sue or threaten to sue for possession, or refuse to renew because the tenant in good faith complained of code violations to government or a community organization, requested repairs, joined/organized a tenants' union, testified about conditions, or exercised any legal right. Rebuttable presumption of retaliation if protected activity occurred within one year before the landlord's act. Remedies: defense to eviction, termination, recovery of possession, and the greater of 2 months' rent or 2 times damages, plus attorney's fees. New act eff. 1-1-25 (P.A. 103-831) replaced and repealed the Retaliatory Eviction Act (765 ILCS 720); § 20 amended by P.A. 104-417 (eff. 8-15-25). Not retaliatory if landlord proves a legitimate basis or began the action first. |
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Rent Increases & Late Fees in Illinois
| Rent control / increase limits | No statewide rent control, and home rule units are preempted from regulating the amount of rent charged for private residential or commercial property. AG fact sheet also states Illinois has no rent control law. |
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| Late fees | No statutory cap statewide. AG: landlord may charge a reasonable fee for late rent. Landlords with 100+ units and an on-site office must accept rent there without penalty. A late-fee cap bill (HB 4998, 2026) did not pass; the enacted fee law (P.A. 104-479, 765 ILCS 705/35, eff. 1-1-27) requires all non-optional fees on the first page of the lease and bans listed 'junk fees' but sets no late-fee cap. Chicago RLTO caps late fees locally. |
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Breaking a Lease in Illinois
| Ending a lease: domestic violence | Under the Safe Homes Act, a tenant is not liable for rent for the period after moving out if (a) the tenant or a household member faced a credible imminent threat of domestic or sexual violence at the premises, or (b) the tenant or a household member was a victim of sexual violence on premises owned or controlled by the landlord within the prior 60 days; in either case the tenant must give written notice before or within 3 days of vacating stating the reason. For the sexual-violence route the notice must give the date and the tenant must provide medical, court or police evidence or a statement from a victim-services or rape-crisis worker. Rent owed before notice and move-out is still owed. Tenants may also have locks changed within 48 hours with supporting evidence. Works as an affirmative defense to a landlord's suit for rent, not a formal notice-to-terminate procedure. Victim status is also an affirmative defense to eviction (735 ILCS 5/9-106.2). |
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| Ending a lease: military, medical, death | Military: an Illinois-resident service member (or family member living with them) may end a residential lease after entering military service for more than 29 consecutive days, or on permanent change-of-station or deployment orders of at least 90 days, by giving the landlord a copy of the orders. Termination takes effect 30 days after notice (for monthly rent, 30 days after the next rent due date); prepaid rent and the deposit (less actual damages) must be returned. Refusal is a civil-rights violation under the Human Rights Act. Flooding: a tenant not told the unit is in a FEMA flood zone (or about past flooding of a lower-level unit) may terminate within 30 days of learning of it or of a damaging flood, with advance rent and fees returned within 15 days. No statewide statute was found giving early-termination rights for medical/disability reasons, seniors moving to care, or tenant death (not searched outside 765 ILCS 705). |
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Squatters & Abandoned Property in Illinois
| Squatters / unauthorized occupants | No special affidavit or fast-track removal statute. The owner uses the regular eviction (forcible entry and detainer) case, which covers peaceable entry with possession unlawfully withheld and entry into vacant or unoccupied property without right or title. Since Jan. 1, 2026, the eviction article expressly says it does not stop police from enforcing criminal trespass (720 ILCS 5/21-3) or removing persons or property when there is a criminal trespass. P.A. 104-29 (SB 1563) added subsection (e): https://www.ilga.gov/Legislation/publicacts/view/104-0029. Criminal trespass statute: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K21-3.htm. Whether police will remove a particular occupant is decided case by case. |
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| Belongings left behind | No statute — Illinois has no general statewide procedure (notice, storage period, sale) for belongings a residential tenant leaves behind. The eviction article (735 ILCS 5/Art. IX, Part 1) and the Landlord and Tenant Act (765 ILCS 705) contain no such section; the lease and local ordinances (e.g., Chicago) govern. A secondary source reports a pending 2025-26 bill (SB 2884) that would create a statewide process; its status was not verified on ilga.gov. Chicago's RLTO rule was not verified. |
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Rental Fees in Illinois
| Application / screening fees | Reusable screening reports: if an applicant provides a qualifying reusable tenant screening report (prepared within the last 30 days by a consumer reporting agency, free for the landlord to access, covering the landlord's criteria), the landlord may not charge an application screening fee or a fee to access the report (since Jan. 1, 2025). For leases entered on or after Jan. 1, 2027, rental application fees (including background checks) are capped at $50; a landlord may pass through a higher actual third-party background-check cost only if it paid the cost up front and bills the applicant with receipts within 14 days (otherwise the fee is waived). Fees added on top of the application fee that duplicate screening costs or are unrelated to screening are banned. Section 35 does not apply to owner-occupied premises with 6 or fewer units. Local rules may be stricter. No statewide refund rule for application fees was found. |
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| Other rental fees | For leases entered on or after Jan. 1, 2027: all non-optional fees (one-time or recurring) must appear on the first page of the lease or the tenant does not owe them; listings must disclose non-optional fees, and listings/leases must say whether utilities are included. Banned: lease renewal/modification fees; fees for an eviction notice or for filing before an eviction order (court costs still recoverable); after-hours maintenance fees; fees for contacting the owner/manager or a maintenance hotline; maintenance travel fees; routine maintenance fees; pest fees where the tenant did not contribute; and move-in/move-out walk-through fees. Renaming a fee does not avoid the law; tenants may sue for injunctive and monetary relief plus attorney's fees. Already in effect: a landlord using a payment portal that charges a transaction fee must allow a fee-free way to pay rent (leases after 1-1-25), and a landlord may not require rent to be paid by electronic funds transfer (leases after 1-1-24). Section 35 has a delayed effective date (1-1-27) and exempts owner-occupied premises with 6 or fewer units. Local governments may regulate fees but must be at least as restrictive. |
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Section 8, Records & Right to Counsel in Illinois
| Section 8 / source of income | Yes. Since Jan. 1, 2023 the Illinois Human Rights Act bars refusing to rent, discriminatory terms, discriminatory ads or application forms, and screening criteria with a discriminatory effect based on 'source of income', defined as the lawful manner by which a person supports themselves and their dependents. Definition: https://www.ilga.gov/Documents/legislation/ilcs/documents/077500050K1-103.htm. The statutory definition does not name housing vouchers expressly; exemptions in 775 ILCS 5/3-106 (e.g., small owner-occupied buildings) were not reviewed. |
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| Eviction record sealing | Yes, by court order. The court may seal an eviction court file if the landlord's case was sufficiently without basis in fact or law, sealing is clearly in the interests of justice, and those interests are not outweighed by the public's interest. Sealing is mandatory for cases against bona fide tenants after foreclosure (9-207.5 / 15-1701(h)(6)) and for cases dismissed because a minor was named as a defendant. Residential eviction files filed March 9, 2020 - March 31, 2022 (COVID period) were sealed, subject to unsealing in some cases not based on nonpayment. No automatic sealing after a set time for ordinary judgments. The Illinois courts' self-help page offers statewide forms for a 'Motion to Remove Eviction Court File from Public Record': https://www.illinoiscourts.gov/self-help/eviction/ |
| Right to a lawyer in eviction | No statewide right to counsel in eviction cases was found. The Illinois courts direct tenants to free legal aid and mediation for those who qualify (Eviction Help Illinois outside Cook County; Cook County Legal Aid for Housing and Debt in Cook County). Local programs (e.g., Chicago) were not reviewed. |
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Mold, Pests, Heat & AC in Illinois
| Mold | No statute — Illinois has no statewide mold disclosure or remediation law for rentals. Mold falls under the landlord's general duty to keep the unit fit to live in, make necessary repairs, and comply with state and local health and housing codes. For small repairs required by the lease or by law (lesser of $500 or half a month's rent), a tenant may use the statutory repair-and-deduct procedure after 14 days' written notice. The duty to keep a unit fit to live in comes mainly from Illinois court decisions (implied warranty of habitability) and local codes, not a single statute. Chicago and some other cities have their own ordinances. Repair-and-deduct is unavailable if the tenant, family, or guests caused the condition (765 ILCS 742/5). |
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| Pests & bed bugs | No statute — Illinois has no statewide pest or bed-bug law for private rentals. Infestations are handled under the landlord's duty to keep the unit fit to live in and comply with local health and housing codes. Local ordinances (e.g., Chicago's) may impose bed-bug treatment and disclosure duties; check your city. |
| Heat | No statewide statute sets a heat requirement, minimum temperature, or heating season for private rentals. Heat is generally covered by the landlord's duty to keep the unit fit to live in and by local housing codes, which often set minimum temperatures (for example, in Chicago). If a landlord responsible for utilities fails to pay and service is threatened, tenants have separate rights under the Rental Property Utility Service Act (765 ILCS 735). |
| Air conditioning | No statute — Illinois does not require landlords to provide air conditioning or set a maximum indoor temperature for private rentals. If A/C is provided under the lease, repair duties follow the lease and local codes. |
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Privacy, Guests & Animals in Illinois
| Cameras & privacy | No landlord-specific statute, but Illinois law expressly protects renters: it is a crime to knowingly video record or live-stream another person in that person's residence without consent — and 'residence' expressly includes a rental dwelling (but not stairwells, corridors, laundry facilities, or other areas open to the public). Placing such a device is a Class A misdemeanor; recording is a Class 4 felony. Audio recording of private conversations without the consent of all parties is eavesdropping. P.A. 104-750 amends § 26-4 effective January 1, 2027 (adds courthouse rules); the residence protections are unchanged. Common-area cameras in hallways or laundry rooms are outside the 'residence' definition. Eavesdropping statute: https://www.ilga.gov/Documents/legislation/ilcs/documents/072000050K14-2.htm |
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| Guests & occupants | No statute — the lease governs guests, occupancy, and roommates statewide; landlords may make reasonable rules and regulations. Occupancy limits come from local codes and fair-housing law. Some cities (e.g., Chicago) have ordinances affecting guests and subletting. |
| Service & support animals (state law) | Illinois' Assistance Animal Integrity Act (eff. 2020) covers emotional support and service animals that qualify as a reasonable accommodation. A housing provider may require reliable documentation only if the disability or need is not readily apparent or known; documentation must be in writing, from someone with whom the person has a therapeutic relationship, and describe the disability-related need. Online certificate sellers that do no meaningful assessment do not qualify. Providers may offer a standard form but may not deny a request for not using it, may ask for documentation for each animal when more than one is requested, and may deny or rescind for undue burden, direct threat, substantial property damage, or uncontrolled behavior after an individualized assessment. Providers are immune from liability for injuries caused by a permitted assistance animal. The Act does not itself set a misrepresentation penalty or address pet fees; fee limits follow federal and state fair-housing law. Source: 310 ILCS 120/5, 120/10, 120/15 |
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How eviction works in Illinois
Eviction cases are heard in: Circuit Court of the county where the property is located.
- Serve written notice: 5-day demand for rent, 10-day notice for lease violation, or 30-day (month-to-month) / 7-day (week-to-week) / 60-day (year-to-year) termination notice
- File an eviction complaint; the clerk issues a summons (residential eviction summons must include the Court-Based Rental Assistance notice in English and Spanish)
- Hearing/trial on the return date; tenant may have a jury trial and present defenses
- Eviction order (judgment for possession and any rent)
- Order is filed with the sheriff for enforcement; it expires if not enforced within 120 days unless extended
- Sheriff carries out the eviction (only the sheriff may physically remove the tenant)
The summons sets a court (appearance) date not less than 7 or more than 40 days after it is issued. The tenant must appear at the time and place on the summons. A written answer is not required unless the court orders one; if none is ordered, the complaint's allegations are treated as denied and any defense may be raised at trial.
What surprises people about Illinois rental law
- Since Jan. 1, 2024 the Security Deposit Return Act applies to all residential landlords; the former 5-or-more-unit threshold was removed (P.A. 103-224) — older guides, including the AG fact sheet, still cite the 5-unit rule
- Much Illinois tenant law is local: Chicago's Residential Landlord and Tenant Ordinance (RLTO) covers most Chicago rentals except owner-occupied buildings of 6 or fewer units, with its own deposit, interest, entry, late-fee and lockout rules (chicago.gov Department of Housing RLTO page)
- Chicago's proposed Protecting Renters Ordinance (rental registry, just-cause eviction, RLTO modernization) was introduced to City Council June 29, 2026 and is pending (chicago.gov Protecting Renters Ordinance page)
- The Retaliatory Eviction Act was replaced by the broader Landlord Retaliation Act on Jan. 1, 2025, with a one-year presumption and damages of the greater of 2 months' rent or 2x damages (765 ILCS 721)
- Starting Jan. 1, 2027, all non-optional fees must appear on the first page of the lease or the tenant need not pay them; application fees are capped at $50 (with a receipts exception) and fees for lease renewal, eviction notices, maintenance calls and move-in/out walkthroughs are banned; owner-occupied buildings of 6 or fewer units are exempt (765 ILCS 705/35, P.A. 104-479)
- Landlords cannot require rent to be paid by electronic funds transfer (765 ILCS 705/4, eff. 1-1-24), and must offer a fee-free payment method if their online portal charges fees (765 ILCS 705/3.5, eff. 1-1-25)
- Prospective tenants who provide a qualifying reusable tenant screening report (prepared within 30 days) cannot be charged an application screening fee (765 ILCS 705/30)
- Eviction court files must be sealed in certain cases, including dismissed cases and foreclosure-tenant cases (735 ILCS 5/9-121, amended by P.A. 104-317 eff. 1-1-26)
- Domestic or sexual violence, stalking or dating violence against a tenant is an affirmative defense to eviction based solely on that status or incident (735 ILCS 5/9-106.2)
Federal law that also applies in Illinois
These federal rules apply on top of Illinois law, mostly to discrimination, servicemembers, survivors and federally assisted housing:
- Fair Housing Act: protected classes, covered housing and exemptions: Save every listing, text and email. A discriminatory ad is illegal even when the landlord's unit is otherwise exempt. More
- Assistance animals (service and emotional support animals) in housing: Ask for the accommodation in writing, keep a copy, and if a disability or the need for the animal is not obvious, offer reliable documentation of it. More
- Servicemembers Civil Relief Act: ending a lease early: Deliver the notice and orders by a method you can prove, such as certified mail with return receipt, and keep copies. More
- Servicemembers Civil Relief Act: eviction protection: Tell the court in writing that you or your spouse are on active duty and ask for an SCRA stay. More
- VAWA housing protections: Ask the landlord or housing authority for its VAWA emergency transfer plan and request a transfer in writing. More
- CARES Act 30-day notice to vacate (covered dwellings): If your building has a federally backed mortgage or federal subsidy and you received less than 30 days' notice to vacate, raise the CARES Act as a defense. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): If you pay the full amount listed in the notice within 30 days, the landlord cannot file for eviction over that rent. More
- Housing Choice Voucher (Section 8) basics for private landlords: If a voucher landlord asks for 'side payments' above your share of the rent, refuse and report it to your PHA. More
- Lead-based paint disclosure (pre-1978 housing): If your pre-1978 lease came with no lead disclosure form and pamphlet, ask for them in writing before signing. More
- FCRA tenant screening: adverse action notices and disputes: Request your free report from the screening company within 60 days of a denial and dispute any errors in writing with supporting documents. More
- Rental 'junk fee' rulemaking and enforcement (FTC/CFPB): Before paying an application fee, ask in writing for the total monthly cost including every mandatory fee. More
- Federal eviction moratoria: Check your state and city rules, since any eviction pause now comes from local, not federal, law. More
City rules in Illinois
These cities add their own tenant protections on top of state law:
Eviction by county in Illinois
Which court hears evictions, filing fees, local rent levels and help:
- Eviction in Cook County (Chicago)
- Eviction in DuPage County (Wheaton)
- Eviction in Lake County (Waukegan)
- Eviction in Kane County (Aurora / Elgin / Geneva)
- Eviction in Will County (Joliet)
- Eviction in Winnebago County (Rockford)
- Eviction in Champaign County (Champaign / Urbana)
- Eviction in St. Clair County (Belleville / East St. Louis)
- Eviction in Madison County (Edwardsville / Granite City / Alton)
For landlords
How to evict a tenant in Illinois — steps, cost, timeline and forms.
Common Illinois questions
- Can a landlord enter without notice or permission?
- How long does a landlord have to return a security deposit?
- Can a landlord evict you without going to court, change the locks or shut off utilities?
- Can I withhold rent for repairs?
- How long does an eviction take?
- How much notice does a landlord have to give before an eviction?
- Can a landlord raise the rent in the middle of a lease?
- How much notice does a landlord have to give to end a lease or not renew?
- How much can a landlord charge for a late fee?
- Can a landlord retaliate against a tenant for complaining?
- How much can a landlord charge for a security deposit?
- How long does a landlord have to sue for unpaid rent or damages?
- Can a landlord accept rent during an eviction?
- Can you be evicted in the winter?
- Can a landlord give an eviction notice by text or email?
- How much notice does a landlord have to give before raising the rent?
- Does a landlord have to give you a copy of the lease?
- What happens to tenants if the landlord goes into foreclosure?
- How long does a landlord have to keep a tenant's belongings?
- How do you remove a squatter?
- How much can a landlord charge for a rental application fee?
- What rental fees are illegal (junk fees)?
- Can I break my lease because of domestic violence?
- Can I break my lease for military orders, medical reasons or a death?
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
- What are my rights without a written lease?
- Does a landlord have to fix mold?
- Who pays for pest control and bed bugs in a rental?
- Does a landlord have to provide heat?
- Does a landlord have to provide air conditioning?
- What can a landlord charge for at move-out (cleaning, painting, carpet)?
- Can a landlord put cameras in or around a rental?
- Can a landlord limit overnight guests or roommates?
- Can a landlord deny a service or emotional support animal?
- Can a landlord evict you for no reason?
Free calculators
- Notice Deadline Calculator
- Security Deposit Deadline Calculator
- Late Fee Checker
- Rent Increase Calculator
How Illinois compares to neighboring states
| State | Security deposit limit | Deposit return deadline | Notice for unpaid rent |
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| Illinois | No statewide legal limit on the amount of a security deposit. Illinois AG fact sheet 'Landlord and Tenant Rights and Laws' (01/24) | If the landlord withholds anything for damage, an itemized statement with estimated or actual repair costs and paid receipts is due within 30 days after the tenant vacates (or possession ends, whichever is later); if no statement is given, the full deposit must be returned within 45 days after the tenant vacates. 765 ILCS 710/1 | Written demand giving not less than 5 days after service to pay; if unpaid, landlord may end the lease and file for eviction. To keep partial payments from invalidating the notice, it must state that only FULL PAYMENT waives the right to terminate. 735 ILCS 5/9-209 |
| Indiana | No statutory cap on security deposits. IC 32-31-3 | Within 45 days after termination of the rental agreement and delivery of possession, the landlord must return the deposit minus itemized deductions. The landlord is not liable until the tenant provides a written forwarding mailing address. IC 32-31-3-12, 32-31-3-14 | Not less than 10 days' notice to pay or vacate, unless the parties agreed otherwise or the tenant pays in full within the notice period. IC 32-31-1-6, 32-31-1-7 |
| Iowa | Two months' rent. Iowa Code § 562A.12(1) | Within 30 days after termination of the tenancy and receipt of the tenant's mailing address or delivery instructions, return the deposit or give a written statement of the specific reasons for withholding. If no address is provided within one year, the deposit reverts to the landlord. Iowa Code § 562A.12(3)-(4) | 3 days' written notice of nonpayment and of the landlord's intent to terminate if rent is not paid within that period. After that notice, no separate 3-day notice to quit is required before filing. Iowa Code § 562A.27(2); § 648.3(1) |
| Kentucky | No statutory cap (statewide or under URLTA). KRS 383.580 | Non-URLTA areas: no statute. URLTA areas: no fixed refund deadline; if the tenant leaves owing no rent with a refund due, the landlord must send notice of the refund amount to the tenant's last known address and may keep the deposit if the tenant does not respond within 60 days. If the tenant leaves without paying the last month's rent and does not demand the deposit, the landlord may apply it after 30 days. KRS 383.580(6)-(7) | URLTA areas: 7 days' written notice to pay or the lease terminates. Non-URLTA areas: no statutory pre-filing notice period for nonpayment was found; terms are governed by the lease. KRS 383.660(2) |
| Missouri | Landlord may not demand or receive a security deposit of more than two months' rent. RSMo 535.300.1 | Within 30 days after the tenancy ends, the landlord must return the full deposit or send an itemized list of damages along with any remaining balance. Mailing to the tenant's last known address satisfies the duty. RSMo 535.300.3 | No fixed pay-or-quit notice period. Landlord must demand the rent; if it is unpaid, landlord may file a rent-and-possession statement. The one-month termination notice of 441.060 is not required before filing. RSMo 535.020 |
| Wisconsin | No statutory cap on the amount of a security deposit. Wis. Admin. Code ATCP 134.06; Wis. Stat. § 704.28 | 21 days. If the tenant leaves on the termination date, the clock starts on that date. If the tenant leaves or is evicted early, it starts on the termination date, or when a new tenancy begins if the landlord re-rents first. If the tenant leaves after the termination date, it starts when the landlord learns the tenant has left or been removed. Wis. Stat. § 704.28(4); Wis. Admin. Code ATCP 134.06(2) | Month-to-month/week-to-week: 5-day pay-or-vacate notice, or (month-to-month only) a 14-day notice to vacate with no right to cure. Lease of 1 year or less: 5-day pay-or-vacate; if the tenant was late within the past year, a 14-day notice to vacate. Lease over 1 year: 30-day notice to pay. Wis. Stat. § 704.17(1p)(a), (2)(a), (3)(a) |
Illinois landlord-tenant FAQ
How much can a landlord charge for a security deposit in Illinois?
No statewide legal limit on the amount of a security deposit. (Illinois AG fact sheet 'Landlord and Tenant Rights and Laws' (01/24))
How long does a landlord have to return a security deposit in Illinois?
If the landlord withholds anything for damage, an itemized statement with estimated or actual repair costs and paid receipts is due within 30 days after the tenant vacates (or possession ends, whichever is later); if no statement is given, the full deposit must be returned within 45 days after the tenant vacates. (765 ILCS 710/1)
Does a landlord have to pay interest on a security deposit in Illinois?
Required only for landlords of 25 or more units (single building or contiguous complex) holding a deposit more than 6 months: interest at the passbook savings rate of the largest Illinois-headquartered commercial bank as of Dec. 31 before the lease began; paid within 30 days after each 12-month period (if $5 or more) in cash or rent credit, and all remaining interest at termination. Public housing exempt. (765 ILCS 715/1-3)
Does a landlord in Illinois have to give an itemized list of deposit deductions?
Itemized statement of damage with estimated or actual repair/replacement cost for each item, with paid receipts (or copies) attached, delivered within 30 days by personal delivery, postmarked mail, or email to a verified address; if estimates are used, paid receipts must follow within 30 days. If receipts are unavailable through no fault of the landlord, a verified statement explaining why is allowed. (765 ILCS 710/1(a)-(b))
What happens if a landlord in Illinois wrongfully keeps a security deposit?
If a court finds the landlord refused to supply the itemized statement or supplied it in bad faith and failed to return the deposit on time: twice the amount of the deposit due, plus court costs and reasonable attorney's fees. (765 ILCS 710/1(c))
How much notice does a landlord have to give before evicting for unpaid rent in Illinois?
Written demand giving not less than 5 days after service to pay; if unpaid, landlord may end the lease and file for eviction. To keep partial payments from invalidating the notice, it must state that only FULL PAYMENT waives the right to terminate. (735 ILCS 5/9-209)
How much notice is required to evict for a lease violation in Illinois?
10 days' written notice to quit after default in any lease term (other than rent). (735 ILCS 5/9-210)
How much notice is needed to end a month-to-month lease in Illinois?
Landlord: 30 days' written notice for any tenancy under one year (other than week-to-week); 7 days for week-to-week; 60 days for year-to-year. Tenant: no statute specifies; the AG says a 30-day written notice is normally sufficient unless the lease requires more. (735 ILCS 5/9-207, 9-205)
Can a landlord enter without notice in Illinois?
No statute (statewide). Entry is governed by the lease and local ordinances. (765 ILCS 705 (Landlord and Tenant Act — no entry provision))
Is there a limit on late fees in Illinois?
No statutory cap statewide. AG: landlord may charge a reasonable fee for late rent. Landlords with 100+ units and an on-site office must accept rent there without penalty. (Illinois AG fact sheet; 735 ILCS 5/9-218)
Can a tenant repair and deduct from rent in Illinois?
Allowed for repairs costing no more than the lesser of $500 or one-half of monthly rent: tenant sends written notice by registered/certified mail; if landlord does not repair within 14 days (or sooner in an emergency), tenant may have a licensed, insured, unrelated tradesman do the work and deduct the paid bill from rent. (765 ILCS 742/5, 742/10, 742/15)
Can a tenant withhold rent for repairs in Illinois?
No general statewide rent-withholding statute. The AG lists, as an eviction defense, withholding a reasonable portion of rent where the landlord failed to maintain utilities or make repairs after notice. (Illinois AG fact sheet 'Eviction Defenses')
Can a landlord retaliate against a tenant for complaining in Illinois?
Landlord may not knowingly terminate, raise rent, decrease services, sue or threaten to sue for possession, or refuse to renew because the tenant in good faith complained of code violations to government or a community organization, requested repairs, joined/organized a tenants' union, testified about conditions, or exercised any legal right. Rebuttable presumption of retaliation if protected activity occurred within one year before the landlord's act. Remedies: defense to eviction, termination, recovery of possession, and the greater of 2 months' rent or 2 times damages, plus attorney's fees. (765 ILCS 721/5-20 (Landlord Retaliation Act))
Is there rent control or a limit on rent increases in Illinois?
No statewide rent control, and home rule units are preempted from regulating the amount of rent charged for private residential or commercial property. (50 ILCS 825/10 (Rent Control Preemption Act))
Can a landlord change the locks or shut off utilities in Illinois?
Self-help eviction not allowed: a landlord must go to court and may not evict by turning off utilities, locking the tenant out, changing locks, or removing belongings; only a sheriff may physically evict. (Illinois AG fact sheet 'The Eviction Process')
What is the small claims court limit in Illinois for a deposit dispute?
$10,000 (exclusive of interest and costs). (Ill. Sup. Ct. Rule 281)
How do you remove a squatter in Illinois?
No special affidavit or fast-track removal statute. The owner uses the regular eviction (forcible entry and detainer) case, which covers peaceable entry with possession unlawfully withheld and entry into vacant or unoccupied property without right or title. Since Jan. 1, 2026, the eviction article expressly says it does not stop police from enforcing criminal trespass (720 ILCS 5/21-3) or removing persons or property when there is a criminal trespass. (735 ILCS 5/9-102(a)(2)-(3), (e) (as amended by P.A. 104-29, eff. 1-1-26); 720 ILCS 5/21-3)
What can a landlord do with a tenant's abandoned property in Illinois?
No statute — Illinois has no general statewide procedure (notice, storage period, sale) for belongings a residential tenant leaves behind. The eviction article (735 ILCS 5/Art. IX, Part 1) and the Landlord and Tenant Act (765 ILCS 705) contain no such section; the lease and local ordinances (e.g., Chicago) govern. (735 ILCS 5/Art. IX, Part 1; 765 ILCS 705 (checked))
Is there a limit on rental application fees in Illinois?
Reusable screening reports: if an applicant provides a qualifying reusable tenant screening report (prepared within the last 30 days by a consumer reporting agency, free for the landlord to access, covering the landlord's criteria), the landlord may not charge an application screening fee or a fee to access the report (since Jan. 1, 2025). For leases entered on or after Jan. 1, 2027, rental application fees (including background checks) are capped at $50; a landlord may pass through a higher actual third-party background-check cost only if it paid the cost up front and bills the applicant with receipts within 14 days (otherwise the fee is waived). Fees added on top of the application fee that duplicate screening costs or are unrelated to screening are banned. (765 ILCS 705/30 (P.A. 103-840, eff. 1-1-25); 765 ILCS 705/35(c)(1)-(2) (P.A. 104-479, eff. 1-1-27))
What rental fees are banned or limited in Illinois?
For leases entered on or after Jan. 1, 2027: all non-optional fees (one-time or recurring) must appear on the first page of the lease or the tenant does not owe them; listings must disclose non-optional fees, and listings/leases must say whether utilities are included. Banned: lease renewal/modification fees; fees for an eviction notice or for filing before an eviction order (court costs still recoverable); after-hours maintenance fees; fees for contacting the owner/manager or a maintenance hotline; maintenance travel fees; routine maintenance fees; pest fees where the tenant did not contribute; and move-in/move-out walk-through fees. Renaming a fee does not avoid the law; tenants may sue for injunctive and monetary relief plus attorney's fees. Already in effect: a landlord using a payment portal that charges a transaction fee must allow a fee-free way to pay rent (leases after 1-1-25), and a landlord may not require rent to be paid by electronic funds transfer (leases after 1-1-24). (765 ILCS 705/35 (P.A. 104-479, eff. 1-1-27); 765 ILCS 705/3.5 (P.A. 103-809); 765 ILCS 705/4 (P.A. 103-132))
Can a domestic violence survivor break a lease in Illinois?
Under the Safe Homes Act, a tenant is not liable for rent for the period after moving out if (a) the tenant or a household member faced a credible imminent threat of domestic or sexual violence at the premises, or (b) the tenant or a household member was a victim of sexual violence on premises owned or controlled by the landlord within the prior 60 days; in either case the tenant must give written notice before or within 3 days of vacating stating the reason. For the sexual-violence route the notice must give the date and the tenant must provide medical, court or police evidence or a statement from a victim-services or rape-crisis worker. Rent owed before notice and move-out is still owed. Tenants may also have locks changed within 48 hours with supporting evidence. (765 ILCS 750/15, 750/20 (Safe Homes Act))
When can a tenant break a lease without penalty in Illinois?
Military: an Illinois-resident service member (or family member living with them) may end a residential lease after entering military service for more than 29 consecutive days, or on permanent change-of-station or deployment orders of at least 90 days, by giving the landlord a copy of the orders. Termination takes effect 30 days after notice (for monthly rent, 30 days after the next rent due date); prepaid rent and the deposit (less actual damages) must be returned. Refusal is a civil-rights violation under the Human Rights Act. Flooding: a tenant not told the unit is in a FEMA flood zone (or about past flooding of a lower-level unit) may terminate within 30 days of learning of it or of a damaging flood, with advance rent and fees returned within 15 days. (765 ILCS 705/16; 765 ILCS 705/25(e))
Can an eviction record be sealed or removed in Illinois?
Yes, by court order. The court may seal an eviction court file if the landlord's case was sufficiently without basis in fact or law, sealing is clearly in the interests of justice, and those interests are not outweighed by the public's interest. Sealing is mandatory for cases against bona fide tenants after foreclosure (9-207.5 / 15-1701(h)(6)) and for cases dismissed because a minor was named as a defendant. Residential eviction files filed March 9, 2020 - March 31, 2022 (COVID period) were sealed, subject to unsealing in some cases not based on nonpayment. (735 ILCS 5/9-121; 735 ILCS 5/9-122; 735 ILCS 5/9-106(c) (P.A. 104-317, eff. 1-1-26))
Can a landlord refuse Section 8 vouchers in Illinois?
Yes. Since Jan. 1, 2023 the Illinois Human Rights Act bars refusing to rent, discriminatory terms, discriminatory ads or application forms, and screening criteria with a discriminatory effect based on 'source of income', defined as the lawful manner by which a person supports themselves and their dependents. (775 ILCS 5/1-103(O-5); 775 ILCS 5/3-102 (P.A. 102-896, eff. 1-1-23))
Do tenants have a right to a free lawyer in eviction cases in Illinois?
No statewide right to counsel in eviction cases was found. The Illinois courts direct tenants to free legal aid and mediation for those who qualify (Eviction Help Illinois outside Cook County; Cook County Legal Aid for Housing and Debt in Cook County). (735 ILCS 5/Art. IX (checked); Illinois Courts eviction self-help)
What does a Illinois notice to pay rent or quit have to include?
Written demand for the rent due stating that unless payment is made within a stated time of not less than 5 days after service the lease will be terminated. So that partial payments do not invalidate it, the notice must prominently state: "Only FULL PAYMENT of the rent demanded in this notice will waive the landlord's right to terminate the lease under this notice, unless the landlord agrees in writing to continue the lease in exchange for receiving partial payment." Service: hand delivery to the tenant; leaving it with a person 13 or older residing on or in possession of the premises; certified or registered mail with return receipt; or, if no one is in actual possession, posting on the premises. (735 ILCS 5/9-209; 735 ILCS 5/9-211)
What does a Illinois notice to end a month-to-month tenancy have to include?
Written notice: 30 days for a month-to-month (or other under-one-year, non-weekly) tenancy; 7 days for week-to-week. The statute prescribes no specific wording beyond being in writing; it is served the same ways as other demands (hand delivery, leaving with a resident 13+, certified/registered mail with return receipt, or posting if no one is in possession). Bona fide tenants of foreclosed residential property get at least 90 days' written notice. (735 ILCS 5/9-207; 735 ILCS 5/9-207.5; 735 ILCS 5/9-211)
What must a Illinois security deposit itemization include?
Within 30 days after the tenant vacates (or right of possession ends, if later): an itemized statement of the damage allegedly caused and the estimated or actual cost of repairing or replacing each item, with paid receipts (or copies) attached. The landlord's own labor may be charged at a reasonable cost. If estimates are used, paid receipts must follow within 30 days. Lease-specified component costs may be withheld if the statement references the lease amount and includes a copy of that lease provision. Delivery: in person, by postmarked mail to the last known address, or by email to a verified address the tenant provided. If no statement is sent, the full deposit must be returned within 45 days of move-out. If receipts cannot be produced through no fault of the landlord, an itemized cost list, other evidence, and a verified statement explaining why must be provided. (765 ILCS 710/1 (as amended by P.A. 103-224, eff. 1-1-24))
How long does a landlord have to sue for unpaid rent in Illinois?
10 years for an action on a written lease or other written contract. If a written payment or new promise to pay is made, a new 10 years runs from that payment or promise. 5 years for an unwritten (oral or implied) contract, such as an oral lease, and for damage to property. (735 ILCS 5/13-206; 735 ILCS 5/13-205)
Can a landlord accept rent during an eviction in Illinois?
Partial payment does not invalidate the 5-day notice. Payments of past-due rent that do not add up to the full amount demanded by the end of the notice period leave the notice valid, but only if the notice prominently states: 'Only FULL PAYMENT of the rent demanded in this notice will waive the landlord's right to terminate the lease under this notice, unless the landlord agrees in writing to continue the lease in exchange for receiving partial payment.' Full payment within the notice period ends the right to terminate under that notice. The landlord may agree in writing to continue the lease in exchange for partial payment. Collecting past-due rent after the eviction suit is filed does not invalidate the suit. (735 ILCS 5/9-209)
Can you be evicted in the winter in Illinois?
No statewide statute bars winter evictions. Utility rule (Public Utilities Act): gas and electric utilities may not cut off service for nonpayment to a residence where gas or electricity is the only heat source, including tenants of master-metered buildings, on any day the National Weather Service forecasts 32°F or below for the next 24 hours, or before a weekend or holiday with such a forecast. Parallel rules bar cutoffs where it is the only cooling source when 90°F+ is forecast or a heat advisory or warning is issued. (220 ILCS 5/8-205)
Can a landlord give notice by text or email in Illinois?
A demand or notice may be served by: (1) handing a written or printed copy to the tenant; (2) leaving it with a person 13 or older who lives on or is in possession of the premises; (3) certified or registered mail with a return receipt from the tenant; or (4) if no one is in actual possession, posting it on the premises. No statute provides for e-mail or text service. (735 ILCS 5/9-211)
How much notice is required for a rent increase in Illinois?
No statute — Illinois law sets no specific advance notice for rent increases. On a periodic tenancy, the landlord must end the tenancy with written notice to change terms: 7 days for week-to-week, 30 days for other tenancies shorter than a year (including month-to-month). Fixed-term leases follow their own terms. (735 ILCS 5/9-207)
Does a landlord have to give a copy of the lease in Illinois?
No statewide statute in the Landlord and Tenant Act (765 ILCS 705) requires giving the tenant a signed copy of the lease or disclosing the owner's identity. Required written disclosures before signing: whether the property is in a FEMA Special Flood Hazard Area and any known flooding; for garden, basement or first-floor units, any flooding in the last 10 years (Sec. 25). For leases entered into on or after Jan. 1, 2027, all mandatory fees must appear on page 1 of the lease and listings must disclose whether utilities are included (Sec. 35, P.A. 104-479). Sec. 35 exempts owner-occupied buildings of 6 units or fewer. (765 ILCS 705/25; 765 ILCS 705/35 (eff. 1-1-27))
What are tenants' rights in a foreclosure in Illinois?
Yes, beyond the federal PTFA. A new owner after foreclosure (mortgagee, receiver, certificate or deed holder, or sale purchaser) may end a bona fide residential lease only at the end of its term, with at least 90 days' written notice. Month-to-month or week-to-week bona fide leases also require at least 90 days' written notice. An individual buyer who will live in the unit may end the lease on 90 days' notice. For occupants not named in the foreclosure: if the occupant is current on rent, was never told in writing where to pay, or made good-faith efforts to pay, any eviction order must let them stay for the shorter of 120 days after notice of the hearing or the rest of the lease (at least 30 days). Records of these eviction cases are sealed. (735 ILCS 5/9-207.5; 735 ILCS 5/15-1701(h))
Does a landlord have to fix mold in Illinois?
No statute — Illinois has no statewide mold disclosure or remediation law for rentals. Mold falls under the landlord's general duty to keep the unit fit to live in, make necessary repairs, and comply with state and local health and housing codes. For small repairs required by the lease or by law (lesser of $500 or half a month's rent), a tenant may use the statutory repair-and-deduct procedure after 14 days' written notice. (Illinois Attorney General, Landlord and Tenant Rights and Laws, p. 1; 765 ILCS 742/5)
Who pays for pest control and bed bugs in Illinois?
No statute — Illinois has no statewide pest or bed-bug law for private rentals. Infestations are handled under the landlord's duty to keep the unit fit to live in and comply with local health and housing codes. (Illinois Attorney General, Landlord and Tenant Rights and Laws, p. 1)
Does a landlord have to provide heat in Illinois?
No statewide statute sets a heat requirement, minimum temperature, or heating season for private rentals. Heat is generally covered by the landlord's duty to keep the unit fit to live in and by local housing codes, which often set minimum temperatures (for example, in Chicago). (Illinois Attorney General, Landlord and Tenant Rights and Laws, p. 1)
Does a landlord have to provide air conditioning in Illinois?
No statute — Illinois does not require landlords to provide air conditioning or set a maximum indoor temperature for private rentals. (Illinois Attorney General, Landlord and Tenant Rights and Laws, p. 1)
What can a landlord deduct from a deposit for cleaning or damage in Illinois?
Not defined by statute, but deposits may not be kept for normal wear and tear. To withhold for damage, the landlord must give an itemized statement of damage and repair costs with paid receipts within 30 days (by delivery, mail, or e-mail to a verified address). If the written lease specifies costs for cleaning, repair, or replacement of specific components, the landlord may withhold those amounts, but they must be for damage beyond normal wear and tear and reasonable to restore the unit to its condition at the start of the lease. The landlord may charge reasonable cost of its own labor. (765 ILCS 710/1(a))
Can a landlord put cameras in or around a rental in Illinois?
No landlord-specific statute, but Illinois law expressly protects renters: it is a crime to knowingly video record or live-stream another person in that person's residence without consent — and 'residence' expressly includes a rental dwelling (but not stairwells, corridors, laundry facilities, or other areas open to the public). Placing such a device is a Class A misdemeanor; recording is a Class 4 felony. Audio recording of private conversations without the consent of all parties is eavesdropping. (720 ILCS 5/26-4(a-5), (a-6), (a-20), (d), (e); 720 ILCS 5/14-2)
Can a landlord limit guests or roommates in Illinois?
No statute — the lease governs guests, occupancy, and roommates statewide; landlords may make reasonable rules and regulations. (Illinois Attorney General, Landlord and Tenant Rights and Laws, p. 1)
Can a landlord deny a service or emotional support animal in Illinois?
Illinois' Assistance Animal Integrity Act (eff. 2020) covers emotional support and service animals that qualify as a reasonable accommodation. A housing provider may require reliable documentation only if the disability or need is not readily apparent or known; documentation must be in writing, from someone with whom the person has a therapeutic relationship, and describe the disability-related need. Online certificate sellers that do no meaningful assessment do not qualify. Providers may offer a standard form but may not deny a request for not using it, may ask for documentation for each animal when more than one is requested, and may deny or rescind for undue burden, direct threat, substantial property damage, or uncontrolled behavior after an individualized assessment. Providers are immune from liability for injuries caused by a permitted assistance animal. (310 ILCS 120/5, 120/10, 120/15)
Official resources for Illinois
- Illinois Attorney General — Landlord and Tenant Rights and Laws
- Illinois Courts — Approved statewide eviction forms
- City of Chicago — Residential Landlord and Tenant Ordinance
- Illinois General Assembly — Landlord and Tenant Act (765 ILCS 705)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.