Illinois Residential Lease Agreement
A free Illinois lease template, plus what Illinois law requires a lease to include, attach or leave out — each with the statute. Use it as a starting point; landlords with unusual situations should have a lawyer review the final lease.
Disclosures Illinois requires
| Flood risk disclosure | Before the lease is signed, the landlord must clearly disclose in writing whether the rental property is in a FEMA Special Flood Hazard Area (100-year floodplain) and, if the landlord actually knows, whether the property or its parking areas have flooded and how often. For garden, basement and first-floor units, the landlord must also disclose any flooding of the unit or the property in the last 10 years and its frequency. The disclosure must also be included in the written lease or renewal, signed by both parties, and look substantially like the statutory form. If the landlord fails to comply, the tenant may end the lease within 30 days (with prepaid rent and fees returned within 15 days) and, after a damaging flood, sue for lost or damaged property. Applies to: all residential leases except farm and concession leases and properties owned or managed by the Department of Natural Resources Source: 765 ILCS 705/25 |
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| Radon disclosure | When a prospective tenant applies, before a lease is signed, or on request during the lease, the landlord must give the IEMA pamphlet "Radon Guide for Tenants" (or an approved equivalent), copies of any records showing a radon hazard in the unit, and the statutory "Disclosure of Information on Radon Hazards to Tenants" form. The tenant has 90 days from the start of the lease to test; if the result is above the IEMA action level and the landlord chooses not to mitigate, the tenant may end the lease. If the landlord never provided the documents, the tenant may test at any time during the lease. Applies to: dwelling units below the third story (per IEMA guidance) Source: 420 ILCS 46/26 |
| Shared utility billing formula | A landlord may not charge tenants a share of a master-metered utility bill unless the landlord first gives the tenant, in the lease or another written agreement, the formula used to divide the bill among tenants. Total charges may not exceed the utility's bill, and the landlord must show the utility bill on request. Applies to: leases that pass master-metered utility costs to tenants Source: 765 ILCS 740/5(a) |
| Utilities included in rent | The lease disclosure or unit listing must state whether utilities are included in the rent. Applies to: residential leases entered into on or after January 1, 2027, except owner-occupied buildings of 6 units or fewer |
Terms Illinois law requires or controls
| All mandatory fees on page one | Every non-optional fee, one-time or recurring, must be explicitly listed on the first page of the lease. A tenant does not owe a fee that is not on the first page. Non-optional fees must also be disclosed clearly in rental listings. Applies to: residential leases entered into on or after January 1, 2027, except owner-occupied buildings of 6 units or fewer |
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| Fee-free rent payment option | If the landlord collects rent through a third-party online portal that charges a transaction fee, the landlord must also let the tenant pay by paper check or cash delivered to the landlord or office, or by another method with no fee. Applies to: leases signed on or after January 1, 2025 Source: 765 ILCS 705/3.5 |
| Preset cleaning and repair charges | A written lease may list specific dollar amounts for cleaning, repairing or replacing components of the unit or building. The landlord may then withhold those amounts from the deposit, but they must be for damage beyond normal wear and tear and reasonable, and the itemized statement must cite the lease amount and attach a copy of that lease provision. Applies to: written residential leases with a security deposit Source: 765 ILCS 710/1(a) |
| Drug-free housing addendum | A landlord may void a lease when a tenant or occupant is charged with a Class X felony on the premises (after a probable-cause finding or indictment) only if the parties signed a HUD drug-free housing lease addendum or a substantially similar document. Applies to: leases where the landlord wants this remedy Source: 765 ILCS 705/5(d) |
Clauses that are void in Illinois
| Landlord negligence waiver | Any lease term or related agreement that exempts the landlord from liability for injuries to people or property caused by the negligence of the landlord or its agents or employees in operating or maintaining the premises is void as against public policy. Applies to: all residential leases Source: 765 ILCS 705/1 |
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| Confession of judgment | A power to confess judgment may not be required or given in a consumer transaction, which includes a lease for personal, family or household purposes; any such power is void and a judgment based on it is unenforceable. Applies to: residential leases Source: 735 ILCS 5/2-1301(c) |
| Mandatory electronic payment | A landlord may not require a tenant or applicant to pay rent or other amounts by electronic funds transfer, including automatic recurring withdrawals. A violation is an unlawful practice under the Consumer Fraud Act. Applies to: residential leases signed on or after January 1, 2024 Source: 765 ILCS 705/4 |
| Banned junk fees | No lease may require: an application fee (including background check) over $50, except a documented higher third-party background-check cost billed with receipts within 14 days; duplicate screening fees; lease renewal or modification fees; fees for an eviction notice or for filing an eviction before a court order (court costs are still recoverable); after-hours maintenance fees; fees for contacting the owner or manager or a maintenance hotline; maintenance travel fees; routine maintenance fees; pest fees where the tenant did not contribute to the infestation; or move-in/move-out walk-through fees. Renaming a fee does not avoid the ban. Applies to: residential leases entered into on or after January 1, 2027, except owner-occupied buildings of 6 units or fewer |
| Domestic and sexual violence protections | The Safe Homes Act rights (including early lease termination and lock changes for survivors of domestic or sexual violence) may not be waived or modified in any lease or separate agreement. Applies to: all residential leases Source: 765 ILCS 750/30 |
| Screening fee with reusable report | If an applicant provides a qualifying reusable tenant screening report (prepared within 30 days, free for the landlord to access, and covering the landlord's criteria), the landlord may not charge an application screening fee or a fee to access the report. Applies to: rental applications on or after January 1, 2025 Source: 765 ILCS 705/30 |
Format and delivery rules
| Flood disclosure signed in lease | The flood disclosure must be included in the written lease or renewal lease and signed by both landlord and tenant, substantially in the statutory form. Applies to: all written residential leases and renewals Source: 765 ILCS 705/25(b)-(d) |
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| Lock change between tenants | In Cook County, the landlord must change or rekey the unit's lock after a unit is vacated and on or before the day a new tenant takes possession, unless the written lease gives the tenant the right to change the lock. The rule does not apply to owner-occupied buildings of 4 or fewer units or rooms in owner-occupied homes. Applies to: counties with more than 3,000,000 people (Cook County) Source: 765 ILCS 705/15 |
Fill in the lease
Nothing you type leaves your browser. Bracketed items are yours to complete; clauses marked as required by Illinois law must be written to meet the rule shown above.
1. Parties. This lease is between [landlord name] ("Landlord") and [tenant name(s)] ("Tenant"). Landlord's address for notices: [landlord notice address].
2. Property. Landlord rents to Tenant the home at [rental address], including [parking, storage, appliances included].
3. Term. The lease begins on [start date] and ends on [end date]. [If month-to-month instead: the tenancy continues month to month until either side gives the written notice Illinois law requires.]
4. Rent. Rent is $[monthly rent] per month, due on the [due day] day of each month, paid by [payment method] to [where to pay].
5. Late fee. If rent is not received by [late day], a late fee of $[late fee] is due. This fee must comply with Illinois law (Illinois AG fact sheet; 735 ILCS 5/9-218).
6. Security deposit. Tenant pays a security deposit of $[deposit amount] (Illinois law sets no maximum; Illinois AG fact sheet 'Landlord and Tenant Rights and Laws' (01/24)). Landlord will return it, minus lawful deductions with any required itemized list, within the time Illinois law sets (765 ILCS 710/1).
7. Utilities. Tenant pays: [utilities tenant pays]. Landlord pays: [utilities landlord pays].
8. Occupants and guests. Only these people may live in the home: [names of all occupants]. Guests may stay up to [guest limit] unless Landlord agrees in writing.
9. Pets. [No pets allowed / Pets allowed: describe, plus any pet deposit or fee]. Assistance animals for people with disabilities are not pets and are handled under fair housing law.
10. Repairs and maintenance. Landlord keeps the home safe and fit to live in and makes repairs required by law. Tenant keeps the home clean, reports problems promptly in writing, and pays for damage beyond normal wear and tear.
11. Landlord entry. Landlord may enter for repairs, inspections or showings after giving the notice Illinois law requires (765 ILCS 705 (Landlord and Tenant Act — no entry provision)), except in an emergency.
12. Subletting. Tenant may not sublet or assign this lease without Landlord's written consent, which [will / will not] be unreasonably withheld.
13. Ending the lease. At the end of the term, [the lease ends / the lease renews month to month] unless either side gives written notice at least [notice days] days before the end date, and never less than Illinois law requires.
14. All mandatory fees on page one. (Write this clause to meet Illinois law: see "All mandatory fees on page one" above (765 ILCS 705/35(b) (P.A. 104-479)).)
15. Fee-free rent payment option. (Write this clause to meet Illinois law: see "Fee-free rent payment option" above (765 ILCS 705/3.5).)
16. Preset cleaning and repair charges. (Write this clause to meet Illinois law: see "Preset cleaning and repair charges" above (765 ILCS 710/1(a)).)
17. Drug-free housing addendum. (Write this clause to meet Illinois law: see "Drug-free housing addendum" above (765 ILCS 705/5(d)).)
18. Disclosures attached. Landlord has given Tenant these disclosures required by Illinois law: Flood risk disclosure; Radon disclosure; Shared utility billing formula; Utilities included in rent. [Attach each one.]
19. Lead paint (homes built before 1978). If the home was built before 1978, Landlord has given Tenant the federal lead-based paint disclosure and the EPA pamphlet "Protect Your Family From Lead in Your Home."
20. Whole agreement. This lease and its attachments are the whole agreement. If any part is not allowed by law, the rest still applies. Changes must be in writing and signed by both sides.
Landlord: [landlord name] Signature: ____________ Date: [date signed]
Tenant: [tenant name(s)] Signature: ____________ Date: [date signed]
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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.