Illinois landlord-tenant law comes from several sources: the Security Deposit Act (765 ILCS 705), the Forcible Entry and Detainer Act (735 ILCS 5/9), and — in Chicago and Cook County — the Chicago Residential Landlord and Tenant Ordinance (RLTO) and county tenant protections. The Chicago rules are stricter than state law and apply to most Chicago rentals.
Illinois generally prohibits rent control, but Cook County and Evanston have added protections such as source-of-income rules and just-cause eviction requirements that change how landlords operate in those markets.
This guide covers deposits, notices, repairs, and evictions in Illinois. It is general information, not legal advice.
| Governing law | 765 ILCS 705; 735 ILCS 5/9; Chicago RLTO |
|---|---|
| Statewide deposit cap | None (Chicago: 1.5 months’ rent under the RLTO) |
| Deposit return deadline | 45 days (30 days if no deductions) (765 ILCS 705/1) |
| Nonpayment notice | 5 days (735 ILCS 5/9-209) |
| Month-to-month notice | 30 days |
| Local protections | Chicago RLTO, Cook County and Evanston tenant ordinances |
Illinois Rental Law at a Glance
Illinois residential tenancies are governed by the Security Deposit Act (765 ILCS 705), the forcible entry and detainer statutes (735 ILCS 5/9), and the state’s landlord-tenant case law. In Chicago, the Residential Landlord and Tenant Ordinance (RLTO) applies to most residential buildings and adds requirements beyond state law, including deposit limits, interest payments, and written tenant remedies.
Federal lead-paint disclosure applies to pre-1978 housing. Because Chicago and Cook County rules differ so much from downstate practice, a lease that works in one part of Illinois may not be valid in another.
Security Deposits in Illinois
Illinois has no statewide cap on security deposits, but the Security Deposit Act requires the landlord to return the deposit, or provide an itemized statement of damages with the balance, within 45 days (or 30 days if there are no deductions) after the tenant vacates (765 ILCS 705/1).
In Chicago, the RLTO caps deposits at 1.5 months’ rent for buildings with six or more units, requires the deposit to be held in a separate interest-bearing account, and requires the landlord to pay annual interest — confirm the current RLTO text for the rate and details. A landlord who fails to return the deposit or provide the itemized statement on time can face statutory damages beyond the withheld amount; verify the current penalty in 765 ILCS 705/1.
Rent Increases and Notice Periods
Illinois generally prohibits rent control, so increases are set by the lease and the market. For a fixed-term lease, the rent is locked for the term. For a month-to-month tenancy, either party gives 30 days’ notice to terminate, and a rent change follows the lease’s notice requirement.
Tenants facing an increase should verify it is in writing and check the lease for the notice period. Landlords should send increases in writing with lease-required notice and keep proof of delivery.
Habitability, Repairs, and Disclosures
Illinois landlords owe a statutory and common-law duty to maintain the premises in a habitable condition. Tenants have a right to withhold rent or repair-and-deduct under limited, procedure-bound circumstances — follow the written-notice steps carefully, because courts dismiss self-help claims that skip them.
Required disclosures include the federal lead-paint form for pre-1978 housing and Illinois’s radon disclosure for new leases. Chicago’s RLTO adds disclosure and remedy requirements, including the right to terminate and interest on deposits.
Evictions and Termination in Illinois
Illinois evictions run through the forcible entry and detainer act (735 ILCS 5/9). For nonpayment, the landlord serves a 5-day notice to pay or vacate (735 ILCS 5/9-209); for other lease violations, the notice periods differ by type. The landlord then files in circuit court, and only the court can order removal — self-help evictions are illegal in Illinois.
Tenants served with an eviction summons should file an answer before the deadline. Cook County has eviction diversion and right-to-counsel programs that can help; contact the CARPLS hotline or a legal aid organization immediately.
Resolving Disputes in Illinois
Illinois landlord-tenant cases are heard in circuit court, which handles evictions and small claims up to its jurisdictional limit. Start with a written demand letter citing the statute, then file if the landlord does not respond.
The case turns on documentation: the lease, deposit receipts, condition photos, written notices, and proof of mailing. In Chicago, the RLTO’s written-remedy requirements make documentation even more important.
Guide reviewed 2026-08-19. Rental laws change frequently; verify the current statute text before relying on any rule on this page. This information is not legal advice.
