Illinois Landlord-Tenant Laws: A Plain-English Guide

First, figure out which rules apply to you

Everything below starts with one question: is the property in Chicago, in suburban Cook County, or elsewhere in Illinois? The state rules are the floor. The Chicago Residential Landlord and Tenant Ordinance (RLTO) and the Cook County Residential Tenant Landlord Ordinance (RTLO) add a second layer that changes the deposit, late fee, entry and notice rules. Both ordinances carry limited exemptions, often tied to owner-occupied small buildings, so read the exemption list before assuming either one does or doesn’t cover you.

Before the lease

Screening and fair housing

Illinois bans source-of-income discrimination statewide, so a Housing Choice Voucher has to count as income like a paycheck. Get written consent before pulling credit or background reports, and send an adverse action notice if a report leads to a denial, as the Fair Credit Reporting Act requires. Assess criminal records individually, never with a blanket ban. HUD withdrew its 2016 guidance in 2025, but the Fair Housing Act and Illinois law still apply.

Application fees change on January 1, 2027. HB 3564, now Public Act 104-0479, caps application and screening fees at $50 unless you can document a higher third-party screening cost, and requires every mandatory fee to appear on the first page of the lease. Owner-occupied buildings of six units or fewer are exempt. Update your forms before then.

Deposits and how you hold them

There’s no statewide cap. Suburban Cook County caps deposits at 1.5 months. In Chicago, the RLTO requires a separate account, receipts and interest, with a 2x penalty for violations. If you own outside Cook County, the main state rule to know is the interest requirement for buildings of 25 or more units (765 ILCS 715).

Payment terms

You can’t require tenants to pay rent electronically (HB 1628, effective January 1, 2024). Offering an online option is fine; making it the only option is not.

During the tenancy

Rent increases

Rent control is preempted statewide (50 ILCS 825), so there’s no cap on the size of an increase. In Chicago and Cook County, the longer notice periods (60 or 120 days, depending on tenure) apply to rent increases as well as terminations.

Late fees

The state sets no cap; fees must be reasonable. Chicago and suburban Cook County limit late fees to $10 a month for the first $1,000 of rent plus 5% of rent above $1,000. On $1,400 rent, that’s $10 plus $20, or $30 a month. Ordinance amounts can change, so check the current text before you print a lease.

Entry and repairs

There’s no statewide entry notice rule. Chicago and Cook County require 2 days’ notice. Chicago tenants also have repair-and-deduct rights under the RLTO, so slow repairs can turn into rent deductions.

Ending the tenancy

Notices

• Nonpayment: a 5-day landlord’s notice demanding rent.
• Lease violations: a 10-day notice to quit. There’s no statutory cure right statewide, but the Chicago RLTO gives tenants 10 days to cure.
• Month-to-month: 30 days statewide (735 ILCS 5/9-207); 60 or 120 days in Chicago and Cook County.

Move-out and deposit return

Send an itemized statement with paid receipts or estimates within 30 days after the tenant vacates or possession ends, whichever is later. With no statement, the full deposit is due within 45 days (765 ILCS 710/1, as amended by P.A. 103-0224). Bad-faith withholding means twice the deposit plus fees. Chicago adds its own 45-day return rule.

Eviction overview

After the notice expires, file a complaint and summons in the circuit court for the county where the property sits. The sheriff or a special process server serves the tenant, and the court date is typically 7-40 days out. Cook County cases may go to the Early Resolution Program first. If you win, the sheriff enforces the eviction order after any stay ends. Uncontested cases take about 4-8 weeks, often longer in Cook County. Filing costs run roughly $100-$400 or more depending on county and amount claimed, plus service, so check with the clerk.

What’s different in Illinois

• Chicago’s RLTO sets its own deposit rules (separate account, interest, receipts, 45-day return, 2x penalty), a late-fee formula, 2-day entry notice and tenant repair-and-deduct rights.
• Cook County’s RTLO (2021) brings similar rules to the suburbs and caps deposits at 1.5 months.
• The Security Deposit Return Act now covers everyone. P.A. 103-0224 removed the old 5-unit threshold on January 1, 2024.
• No mandatory e-payment. HB 1628 bars requiring tenants to pay rent electronically.
• Rent control stays preempted, while HB 3564’s fee rules take effect January 1, 2027.