Chicago Landlord-Tenant Rules
Chicago adds local rules on top of Illinois landlord-tenant law. Here is what is different, with the city code or agency page behind each rule.
| Rent stabilization | Chicago has no rent control. Rent increases are not capped, but the Fair Notice Ordinance requires advance notice of increases (see Required notices). Illinois' Rent Control Preemption Act (50 ILCS 825) bars local rent control. That is covered on the state page. |
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| Just-cause eviction | Chicago has no just-cause eviction requirement. Under the Fair Notice Ordinance, a tenant sued for nonpayment can end the eviction case by paying all back rent plus the landlord's court filing fees at any time before the judge enters an order of possession. This right does not apply in owner-occupied buildings of 6 or fewer units. The City RLTO Summary (revised December 2023) cites Sec. 5-12-130(a) for this right and says it can be used once: after a second nonpayment notice, the tenant has only the 5-day notice period to pay. |
| Security deposit (local add-on) | The RLTO adds to state law. Landlords must give a signed receipt with the owner's name, the date received and a description of the unit. They must pay interest every year on deposits and prepaid rent held more than six months, at the rate set by the City Comptroller: 0.01% for January 1 through December 31, 2026 (0.01% every year since 2015). Before deducting for damage, the landlord must give an itemized statement within 30 days after move-out. The deposit plus any required interest, minus unpaid rent and damages, must be returned within 45 days after move-out. Deposits must be held in a federally insured, interest-bearing account at an Illinois financial institution, not mixed with the landlord's own money, and the landlord must tell the tenant in writing (in the lease or within 14 days of receiving the deposit) which institution holds it. If a fire makes the unit unusable and the tenant ends the lease, the deposit is due within 7 days of the tenant's notice. Penalty: if a landlord fails to comply with the deposit requirements, the tenant is awarded two times the security deposit plus interest (a landlord may first correct an underpayment of interest). Interest rate from the City Department of Housing deposit-interest page. Account, disclosure and penalty rules: Source: City of Chicago RLTO Summary (revised December 2023), which the City lists as its current summary. The summary is not the full ordinance; check Chapter 5-12 of the Municipal Code before relying on a specific remedy. |
| Tenant right to counsel | The City's Right to Counsel (RTC) Program guarantees full legal representation for eligible Chicago tenants facing eviction. Eligible tenants live in Chicago, have received an eviction notice, court summons or threat of eviction, and have household income at or below 80% of AMI. Priority goes to neighborhoods with high eviction rates. Free advice and mediation for tenants and small landlords are also available through Cook County's Early Resolution Program (ERP) at (855) 956-5763. The program appears to be funded rather than created by ordinance. No Municipal Code section was found. |
| Lockouts/harassment | Lockouts are illegal. A lockout includes a landlord changing or disabling locks, blocking an entrance, removing doors or windows, shutting off utilities (heat, electricity, gas, water, plumbing, phone), removing appliances or the tenant's belongings, using or threatening violence, or anything else that makes the unit inaccessible or uninhabitable. Tenants should call 311 to file a police report. The Chicago Police Department must investigate and order the landlord to stop. A written lease is not required. Lockouts are treated as a police matter, not a civil matter. The landlord is fined $200 to $500 for each day the lockout occurs or continues. Fine amount from the City of Chicago RLTO Summary (revised December 2023). The city lockout page still contains outdated COVID eviction-moratorium language. Source: Chicago Mun. Code Sec. 5-12-160 |
| Required notices/registration | Fair Notice Ordinance. To terminate or not renew a tenancy, or to raise rent, a landlord must give 30 days' notice if the tenant has lived in the unit less than 6 months, 60 days' notice if the tenant has lived in the unit more than 6 months but less than 3 years, and 120 days' notice if more than 3 years. This applies to written leases and month-to-month tenancies, but not once an eviction for nonpayment or another lease violation has begun. If the landlord gives short notice, the tenant may stay for the required notice period at the prior rent. The City RLTO Summary (revised December 2023) lists the same 30/60/120-day periods and says they apply to all residential units, whether or not the RLTO otherwise covers them. The RLTO also requires landlords to attach the City RLTO summary to leases (see RLTO coverage and exemptions). |
| RLTO coverage and exemptions | The RLTO covers most Chicago rental units. It does not cover: units in owner-occupied buildings with six or fewer units; hotel, motel and rooming-house units unless rent is paid monthly and the unit is occupied more than 32 continuous days; school dormitories, hospitals, shelters, employee quarters and non-residential rentals; owner-occupied co-ops and condominiums; and employee housing. The lockout ban and Fair Notice periods apply to all residential units, covered or not. The landlord must attach the City's RLTO summary to every written lease and renewal (and give it to tenants with oral agreements). Lease terms that conflict with the RLTO are unenforceable. Detailed exemption list and the summary-attachment rule are from the City of Chicago RLTO Summary (revised December 2023). |
| Late fees | For RLTO-covered units, a late fee may not exceed $10.00 per month on the first $500 of monthly rent plus 5% per month of the part of the rent above $500 (for example, $20 on $700 rent). Source: City of Chicago RLTO Summary (revised December 2023), which the City lists as its current summary. The summary is not the full ordinance; check Chapter 5-12 of the Municipal Code before relying on a specific remedy. |
| Landlord entry | The tenant must allow the landlord in after receiving two days' notice that the landlord intends to enter to make repairs, supply services or perform necessary inspections. In an emergency, the landlord may enter without two days' notice. Tenants should not change locks without first notifying the landlord, and must give the landlord a key if they do. Source: City of Chicago RLTO Summary (revised December 2023), which the City lists as its current summary. The summary is not the full ordinance; check Chapter 5-12 of the Municipal Code before relying on a specific remedy. Source: Chicago Mun. Code Sec. 5-12-050 |
| Repair remedies | If the landlord fails to keep the unit up to code and the tenant (or family or guests) did not cause the problem: Minor defects: after a written request giving the landlord 14 days to repair, the tenant may (1) withhold an amount of rent that reasonably reflects the reduced value of the unit, starting on day 15, or (2) have the repair made by a code-compliant repair and deduct the cost, up to $500 or one-half of a month's rent, but not more than one month's rent, giving the landlord receipts; the tenant may also sue for damages and an injunction. Major defects (unit not reasonably fit to live in): if repairs are not made within 14 days of a written request, the tenant may terminate the lease and get back prepaid rent, the deposit and interest; the notice is treated as withdrawn if the tenant does not move out within 30 days. Essential services (heat, running or hot water, electricity, gas or plumbing) not provided through the landlord's fault: after written notice the tenant may choose one remedy: restore the service and deduct the cost (with receipts), sue for reduced-value damages, get substitute housing and pay no rent for that time, or, if the landlord does not correct it within 24 hours of a request, withhold rent reflecting the reduced value. Source: City of Chicago RLTO Summary (revised December 2023), which the City lists as its current summary. The summary is not the full ordinance; check Chapter 5-12 of the Municipal Code before relying on a specific remedy. The summary reads 'up to $500 or 1/2 of the month's rent'; the ordinance text controls which of the two applies. Source: Chicago Mun. Code Sec. 5-12-110 |
| Retaliation and attorney's fees | Landlords may not retaliate (terminate or threaten to terminate, raise rent, cut services, bring or threaten an eviction, or refuse to renew) because a tenant complained in good faith to a government agency, police, media, a community group, a tenant union or the landlord, or used a legal remedy. Except in eviction cases, a prevailing plaintiff in a suit under the RLTO recovers court costs and reasonable attorney's fees. Source: City of Chicago RLTO Summary (revised December 2023), which the City lists as its current summary. The summary is not the full ordinance; check Chapter 5-12 of the Municipal Code before relying on a specific remedy. |
Eviction cases in Chicago are heard in: Circuit Court of Cook County (eviction cases in the First Municipal District for Chicago)
Eviction court, fees and help
Right to a lawyer in eviction cases
Yes (city program). Full representation for Chicago tenants at or below 80% AMI facing eviction. ERP hotline (855) 956-5763. Official source
Local agencies
- Chicago Department of Housing (DOH) — Publishes the RLTO deposit interest rate and renter know-your-rights material, and runs the Right to Counsel program. 312.744.3653.
- Chicago 311 / Chicago Police Department — Take lockout reports and investigate.
Frequently asked questions
What landlord-tenant rules does Chicago add on top of Illinois law?
Rent stabilization: Chicago has no rent control. Rent increases are not capped, but the Fair Notice Ordinance requires advance notice of increases (see Required notices).; Just-cause eviction: Chicago has no just-cause eviction requirement. Under the Fair Notice Ordinance, a tenant sued for nonpayment can end the eviction case by paying all back rent plus the landlord's court filing fees at any time before the judge enters an order of possession. This right does not apply in owner-occupied buildings of 6 or fewer units.; Security deposit (local add-on): The RLTO adds to state law. Landlords must give a signed receipt with the owner's name, the date received and a description of the unit. They must pay interest every year on deposits and prepaid rent held more than six months, at the rate set by the City Comptroller: 0.01% for January 1 through December 31, 2026 (0.01% every year since 2015). Before deducting for damage, the landlord must give an itemized statement within 30 days after move-out. The deposit plus any required interest, minus unpaid rent and damages, must be returned within 45 days after move-out. Deposits must be held in a federally insured, interest-bearing account at an Illinois financial institution, not mixed with the landlord's own money, and the landlord must tell the tenant in writing (in the lease or within 14 days of receiving the deposit) which institution holds it. If a fire makes the unit unusable and the tenant ends the lease, the deposit is due within 7 days of the tenant's notice. Penalty: if a landlord fails to comply with the deposit requirements, the tenant is awarded two times the security deposit plus interest (a landlord may first correct an underpayment of interest).; Tenant right to counsel: The City's Right to Counsel (RTC) Program guarantees full legal representation for eligible Chicago tenants facing eviction. Eligible tenants live in Chicago, have received an eviction notice, court summons or threat of eviction, and have household income at or below 80% of AMI. Priority goes to neighborhoods with high eviction rates. Free advice and mediation for tenants and small landlords are also available through Cook County's Early Resolution Program (ERP) at (855) 956-5763.
← All Illinois landlord-tenant rules
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.