Your comprehensive guide to rental laws, guidelines and advocacy in Illinois
Illinois law requires late fees to be reasonable and specified in the lease agreement. Late fees cannot exceed 5% of the monthly rent and cannot be charged until rent is 5 days late. The lease must clearly state all late fee terms and when they apply.
Illinois law requires landlords to return security deposits within 45 days of move-out. For properties with 5+ units, landlords must pay interest on deposits held for 6+ months. Landlords must provide itemized deductions within 30 days. Security deposits cannot exceed 1.5 times monthly rent in most cities. Deposits can only be used for unpaid rent, damages beyond normal wear and tear, and other lease violations.
Illinois requires: 1) 5-day notice for non-payment of rent, 2) 10-day notice for lease violations, 3) 30-day notice for month-to-month termination. Self-help eviction is illegal. Landlords must file court action and obtain court order. Tenants have right to cure violations within notice period. Chicago has additional protections including Just Cause Eviction requirements.
Illinois law requires landlords to maintain: 1) Building structural components, 2) Plumbing, electrical and heating systems, 3) Weather protection, 4) Safe and clean common areas, 5) Garbage facilities, 6) Working smoke and carbon monoxide detectors. Tenants can repair and deduct up to $500 or 1/2 month's rent after 14-day notice. Chicago's RLTO has additional requirements.
Illinois law requires landlords to provide at least 24 hours notice before entering a rental unit, except in emergencies. Entry must be at reasonable times. In Chicago, 48 hours notice is required. Landlords must state specific reason for entry. Tenants cannot unreasonably deny access for legitimate purposes.
Illinois requires 30 days written notice before any rent increase for month-to-month tenancies. For fixed-term leases, rent can only be increased at renewal unless specifically allowed in lease. Chicago has additional requirements including 60-day notice for tenants of 6+ months. Rent increases cannot be retaliatory or discriminatory.
Illinois tenants must: 1) Notify landlord in writing of needed repairs, 2) Give landlord reasonable time (14 days) to make repairs, 3) After notice period, tenants may repair and deduct up to $500 or 1/2 month's rent, 4) For essential services, tenants may withhold rent, terminate lease, or seek damages. Chicago's RLTO provides additional repair rights. Keep all documentation of repair requests and responses.
Illinois landlords can deduct for: 1) Unpaid rent, 2) Damage beyond normal wear and tear, 3) Other lease violations. They must return deposits within 45 days of move-out and provide itemized deductions within 30 days. For buildings with 5+ units, interest must be paid on deposits held 6+ months. Tenants can dispute deductions through small claims court.
Illinois law requires working smoke detectors and carbon monoxide detectors in all rental units. They must be installed within 15 feet of all sleeping areas and on every level. Landlords must ensure detectors are working at move-in and maintain hardwired systems. Tenants are responsible for battery replacement and testing during tenancy. Tampering with detectors is a Class A misdemeanor.
Illinois landlords must disclose: • Lead paint (pre-1978 buildings) • Radon hazards • Flood history • Security deposit terms and interest rates • Property manager/owner contact information • Utility arrangements • Known material defects • Building code violations • Any existing damage to the unit • In Chicago: Bed bug prevention/treatment plan and history
Legal Disclaimer: The information provided on this website is for general informational purposes only and should not be considered as legal advice. While we strive to keep the information up-to-date and accurate, laws and regulations can change frequently. Specific situations may vary, and the application of rental laws can depend on numerous factors. We recommend consulting with a qualified legal professional for advice regarding your specific circumstances.