Can I Sue My Landlord in Illinois?
Yes — in many situations. These are the main claims Illinois tenants bring, what the law lets you recover, and where to file. Each rule links to the statute or official source. Most claims under the small claims limit can be filed without a lawyer.
Before you sue
- Write down what happened, with dates, and keep photos, texts, emails and receipts.
- Send your landlord a written demand (templates below) and give a reasonable deadline.
- Check the deadline to sue and the court's dollar limit (below).
- If the amount is over the small claims limit, or you are facing eviction, talk to a lawyer or legal aid first.
Your security deposit wasn't returned
| 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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| 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 The AG fact sheet (01/24) still describes the old 5-unit threshold and is outdated on this point.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 |
Free Illinois security deposit demand letter
You were locked out or your utilities were cut off
| 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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Your landlord retaliated after you complained
| Landlord retaliation | 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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Your landlord won't make repairs
| 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. |
| 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). |
| 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). |
Free Illinois repair request letter to landlord
Your landlord entered without notice or invaded your privacy
| 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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| 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 |
You were refused or treated differently because of Section 8 or other income
| Statewide ban on refusing 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. |
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Other claims tenants bring in Illinois
| Injuries on the property | Any lease clause that exempts the landlord from liability for injuries to people or property caused by the negligence of the landlord or the landlord's agents or employees in operating or maintaining the premises is void and unenforceable. The landlord must keep the unit fit to live in, make necessary repairs and comply with state and local health and housing codes. Whether the landlord is actually liable for an injury is decided under court decisions on negligence. |
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Where and when to sue
| Small claims limit | $10,000, exclusive of interest and costs, for civil actions based on tort or contract for money only. Small claims judges can award money only; they cannot order someone to do or stop doing something or to return property. Tax collection cases cannot be filed as small claims (since Jan. 1, 2022). |
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| Small claims filing fee | A filing fee is charged by the circuit clerk, plus service costs; amounts vary by county. A person who cannot afford the fees may file an Application for Waiver of Court Fees for free or reduced-cost filing. |
| Deadline to sue on a written lease | 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. § 13-206 expressly names 'written leases.' The current text shows Source P.A. 104-842, eff. 8-21-26; the 10-year period and lease wording remain. § 13-205: https://www.ilga.gov/Documents/legislation/ilcs/documents/073500050K13-205.htm |
How small claims court works in Illinois →
Tenant lawyers and free legal aid in Illinois · Illinois tenant rights · Suing a landlord in other states
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.