Illinois
Illinois Landlord-Tenant Laws (2026): Deposits, Notice, and Tenant Rights
Illinois has no statewide security deposit cap, but landlords must return itemized deductions within 30 days and the full remaining balance within 45 days after a tenancy ends. There is no statewide notice-to-enter rule (Chicago requires 2 days), though landlords in any city should give reasonable advance notice. The Security Deposit Return Act now covers all residential landlords following a January 2024 change.
Security deposits in Illinois
Illinois does not cap the security deposit dollar amount at the state level. That means a landlord can technically ask for any amount, though local ordinances add limits in some cities. Chicago, for example, has detailed security deposit rules under the Residential Landlord and Tenant Ordinance (RLTO) that cap deposits and require interest payments.
At the state level, the Security Deposit Return Act (765 ILCS 710) controls when and how a deposit is returned. If a landlord withholds any portion, they must provide an itemized written statement of deductions within 30 days of the tenancy ending. The remaining balance must be returned no later than 45 days after the tenancy ends.
Since January 1, 2024, the Security Deposit Return Act covers all residential landlords in Illinois. Before that date, landlords with fewer than 5 units were exempt. Now every residential landlord must comply, regardless of how many units they own.
Allowable deductions generally include unpaid rent, lease-specified fees, and damage beyond normal wear and tear. Damage such as scuffed baseboards or minor carpet wear does not justify a deduction. A landlord who fails to return the deposit or provide the written itemization on time may owe the tenant double the withheld amount as a penalty.
| Rule | Illinois Amount |
|---|---|
| Deposit cap | No statewide cap |
| Itemized deductions due | Within 30 days |
| Full deposit return | Within 45 days |
When can a landlord enter? Notice rules
Illinois has no statewide statute specifying how many hours advance notice a landlord must give before entering a unit. That is different from many states, which set 24 or 48 hours as the minimum. In Illinois, landlords are generally expected to give reasonable advance notice under common law, and most landlords provide at least 24 hours notice as a practical matter.
The major exception is Chicago. The Chicago RLTO requires landlords to give at least 2 days (48 hours) notice before entering a unit for non-emergency purposes. Entry must also be at a reasonable time, usually understood as normal business hours.
Emergency entry is an exception everywhere. If there is a fire, flooding, gas leak, or another true emergency, a landlord can enter immediately without advance notice. Outside of emergencies, tenants can treat repeated unannounced entry as a lease violation or even harassment. If you rent in a city other than Chicago, check your local ordinances or lease terms for any notice requirement that may apply to you.
Ending a lease: notice to vacate
Under state law, a landlord ends a month-to-month tenancy by giving 30 days written notice before the end of a rental period. That rule comes from 735 ILCS 5/9-207(b), which provides that in all cases of tenancy for any term less than one year, other than week to week, the landlord may terminate the tenancy by 30 days notice in writing. If rent is due on the first of the month, notice should be delivered at least 30 days before the last day of the intended final month.
That section is drafted as a landlord's termination right. A tenant's own notice obligation comes from the lease and from common law rather than from section 9-207, so read your lease for what it requires of you. Giving 30 days written notice is the usual practice and the safest choice.
Chicago is the significant exception, and its numbers are much larger. Under the city's Fair Notice Ordinance, a landlord must give 60 days written notice to terminate or not renew where the tenant has lived in the unit more than six months but less than three years, and 120 days after three years. The 30-day period applies only to shorter tenancies. A Chicago tenant who receives a 30-day notice after a year in the apartment should not assume it is valid; you may have the right to stay for the full period the ordinance gives you.
Oral notice is generally not sufficient anywhere in the state. Written notice creates a paper trail and avoids disputes over timing.
If a tenant is being asked to leave for nonpayment of rent or a lease violation, the process is different. Illinois landlords must serve a specific written notice (a 5-day notice for nonpayment) before filing an eviction case in court. For details on those notices and the formal eviction timeline, see the Illinois eviction notice page.
Repairs and the warranty of habitability
Every residential lease in Illinois carries an implied warranty of habitability. Landlords must maintain the rental unit in a condition fit for human habitation throughout the tenancy. That covers essential systems like heating, plumbing, and electricity, as well as structural integrity, working smoke detectors, and freedom from significant pest infestations.
When a landlord fails to make a necessary repair after written notice, Illinois tenants have more options than tenants in many other states. The Residential Tenants' Right to Repair Act (765 ILCS 742) lets a tenant hire a licensed contractor to fix the problem and deduct the cost from rent, up to the lesser of $500 or one half of one month's rent.
The Act does not reach every rental, and the exclusions are broad. Under 765 ILCS 742/10 it does not apply to public housing, condominiums, not-for-profit residential cooperative housing, tenancies other than residential tenancies, any dwelling unit subject to the Mobile Home Landlord and Tenant Rights Act, or owner-occupied rental property containing 6 or fewer dwelling units. That last exclusion covers a large share of Illinois housing, including the two-flats and three-flats where the owner lives in one of the units. Confirm your building is covered before you deduct anything from rent, because a tenant outside the Act who withholds rent has no statutory protection.
The timing is a hard deadline, not a judgment call. Under 765 ILCS 742/5, the tenant notifies the landlord in writing and the landlord must make the repair within 14 days, or more promptly as conditions require in an emergency. Only after that period passes can the tenant have the work done and deduct the cost, giving the landlord a copy of the paid receipt. Acting before day 14 forfeits the safe harbor the statute provides. This remedy is for essential habitability issues, not cosmetic preferences.
Tenants who are not using repair-and-deduct can also seek rent escrow (paying rent into a court-held account), petition a housing court, or terminate the lease if the unit becomes truly uninhabitable. Documenting every communication and deficiency in writing is critical before taking any of these steps.
Rent, late fees, and rent control
Illinois does not cap late fees on ordinary residential leases, and no statewide statute requires a grace period before one can be charged. What a landlord may charge is set by the lease itself and by any local ordinance, so check both documents rather than assuming a state limit protects you.
Two narrow statutes are often mistaken for a general Illinois rule. The widely repeated formula of $20 or 20% of the rent, whichever is greater, after a 5-day grace period, is not residential landlord-tenant law at all: it comes from the Self-Service Storage Facility Act (770 ILCS 95/7.10), which governs storage units. The only grace-period requirement in the landlord-tenant statutes is 765 ILCS 745/12(a), which bars a park owner from charging a penalty fee for late payment without allowing at least 5 days beyond the due date, and it applies only to lot leases in mobile home and manufactured home communities. It sets no dollar or percentage cap either.
On rent increases, Illinois does not require a specific number of days of advance written notice at the state level for month-to-month tenants, but proper notice to change lease terms is generally tied to the termination notice period, so 30 days is the practical statewide standard. Chicago again requires more: under the Fair Notice Ordinance a landlord must give 60 days notice of a rent increase where the tenant has lived in the unit more than six months but less than three years, and 120 days after three years. Fixed-term leases cannot be changed mid-term without the tenant's agreement.
Rent control is not permitted anywhere in Illinois. The Rent Control Preemption Act (50 ILCS 825/5) provides that a unit of local government may not enact, maintain, or enforce an ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential or commercial property. A companion section, 50 ILCS 825/10, separately denies home rule units that power under the Illinois Constitution. This means Chicago, despite its otherwise strong tenant protections, cannot cap how much a landlord raises the rent between tenants or on renewal. There is no legal ceiling on the increase itself, only on how much warning you must be given.
If you have a landlord-tenant dispute in Illinois
Most Illinois landlord-tenant disputes can be resolved without a lawyer if you act early and document everything.
Start by writing down the facts and dates of your problem and sending the landlord written notice by email or certified mail. A written record is your best protection if the matter goes to court. If your deposit was not returned or improperly itemized, Illinois allows you to sue in small claims court for up to double the withheld amount. Small claims court in Illinois handles disputes up to $10,000 and is designed to be navigable without an attorney.
If the issue involves habitability, follow the repair-and-deduct procedure described above, or contact your local building or housing authority. Many Illinois cities have a rental housing inspector who can document code violations.
State-level resources include the Illinois Attorney General's Landlord-Tenant Rights pamphlet and the Illinois Legal Aid Online portal (illinoislegalaid.org), which offers free legal help to income-eligible tenants. Chicago tenants can also contact the Chicago Commission on Human Relations or a city-funded tenant legal aid organization.
For nonpayment or eviction situations, consult the Illinois eviction notice page and consider speaking with a licensed attorney before responding to court filings.
This article is general legal information, not legal advice. Landlord-tenant rules vary by state and city and change, and some cities add their own ordinances. For advice about a specific situation, consult a licensed attorney or your state housing agency.
Related pages: Landlord-Tenant Laws by State | Illinois Eviction Notice | Illinois Squatters Rights
More Illinois Laws
Frequently Asked Questions
How long does a landlord have to return my deposit in Illinois?
A landlord must send an itemized written statement of any deductions within 30 days of the tenancy ending and return the remaining balance within 45 days. Since January 2024, this rule applies to all residential landlords regardless of how many units they own.
What is the maximum security deposit in Illinois?
Illinois has no statewide cap on security deposits. A landlord can ask for any amount. Some local ordinances, including Chicago's RLTO, set their own limits and require interest on deposits, so check your city's rules if you are outside a major city.
How much notice must a landlord give to enter in Illinois?
Illinois has no statewide statute specifying a minimum notice period. Chicago requires 2 days (48 hours). Outside Chicago, the standard is reasonable notice, and 24 hours is considered good practice. Landlords may enter without notice only in genuine emergencies.
How much notice is required to end a month-to-month lease in Illinois?
Under state law a landlord ends a month-to-month tenancy with 30 days written notice before the end of a rental period (735 ILCS 5/9-207). Chicago requires substantially more: 60 days if the tenant has lived in the unit more than six months but less than three years, and 120 days after three years. A tenant's own notice to the landlord is governed by the lease rather than that statute, so check what your lease requires.
Can I withhold rent or repair-and-deduct in Illinois?
Often, but not always. The Residential Tenants' Right to Repair Act (765 ILCS 742) lets a tenant hire a contractor and deduct the cost from rent, up to the lesser of $500 or one half of one month's rent, but only after written notice and only if the landlord fails to repair within 14 days. The Act does not apply to public housing, condominiums, residential cooperatives, mobile home lots, non-residential tenancies, or owner-occupied buildings with 6 or fewer dwelling units.
Can a landlord raise rent as much as they want in Illinois?
Yes. The Rent Control Preemption Act (50 ILCS 825/5) bars every unit of local government in Illinois, including Chicago, from controlling the amount of rent charged. A landlord can raise rent to any amount with proper notice when a lease ends or renews, and in Chicago that notice is 60 or 120 days depending on how long you have lived there.
What is Illinois's late fee rule?
Illinois has no statewide cap on residential late fees and no statewide grace period. What your landlord can charge is set by your lease and by any local ordinance. The $20 or 20% figure often quoted for Illinois comes from the Self-Service Storage Facility Act (770 ILCS 95/7.10) and governs storage units, not homes.
Updates
Corrected the late fee and rent control sections: Illinois has no statewide residential late fee cap (the $20 or 20% figure comes from a storage-unit statute), the Rent Control Preemption Act is 50 ILCS 825/5 rather than 765 ILCS 720, repair-and-deduct now shows its 14-day deadline and property-type exclusions, and Chicago's 60/120-day Fair Notice requirements were added to the notice-to-vacate and rent-increase guidance.
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Illinois Compiled Statutes Chapter 765, Act 710 (Security Deposit Return Act)
§ 1Statement of damageIn force
(a) Except as provided in subsection (b), a lessor of residential real property who has received a security deposit from a lessee to secure the payment of rent or to compensate for damage to the leased premises may not withhold any part of that deposit as reimbursement for property damage unless the lessor has, within 30 days of the date that the lessee vacated the leased premises or within 30 days of the date the lessee's right of possession ends, whichever is later, furnished to the lessee, by personal delivery, by postmarked mail directed to his or her last known address, or by electronic mail to a verified electronic mail address provided by the lessee, an itemized statement of the damage allegedly caused to the leased premises and the estimated or actual cost for repairing or replacing each item on that statement, attaching the paid receipts, or copies thereof, for the repair or replacement. If the lessor utilizes his or her own labor to repair or replace any damage or damaged items caused by the lessee, the lessor may include the reasonable cost of his or her labor to repair or replace such damage or damaged items.
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at ilga.gov
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Sources and References
- Illinois Security Deposit Return Act (765 ILCS 710)(ilga.gov).gov
- Illinois Rent Control Preemption Act (765 ILCS 720)(ilga.gov).gov
- Illinois Repair-and-Deduct Statute (765 ILCS 742)(ilga.gov).gov
- Illinois Attorney General, Landlord-Tenant Rights(illinoisattorneygeneral.gov).gov
- Illinois Rent Control Preemption Act, 50 ILCS 825/5 (Rent control prohibited)(ilga.gov)
- Illinois Residential Tenants' Right to Repair Act, 765 ILCS 742/5 (repair; deduction from rent; 14-day window)(ilga.gov)
- Illinois Residential Tenants' Right to Repair Act, 765 ILCS 742/10 (exceptions)(ilga.gov)
- 735 ILCS 5/9-207 (notice to terminate a tenancy of less than one year)(ilga.gov)
- Illinois Self-Service Storage Facility Act, 770 ILCS 95/7.10 (late fees; source of the $20 or 20% figure)(ilga.gov)
- 765 ILCS 745/12 (mobile home lot leases; 5-day minimum before a late-payment penalty)(ilga.gov)
- City of Chicago Department of Housing, Know Your Rights: Fair Notice Ordinance (60/120-day notice)(chicago.gov)