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Illinois rental law reference
Illinois Compiled Statutes 765 ILCS 705–750

Illinois residential tenancies are governed primarily by Illinois Compiled Statutes 765 ILCS 705–750. Deposit handling, required notices, disclosures, entry, habitability, and termination can also depend on local law and the type of tenancy.

  • Illinois governing law
  • Security deposit compliance
  • Notices and termination
  • Habitability and remedies
  • Required disclosures

Review the official Illinois source (source reviewed 2026-08-15)

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 law765 ILCS 705; 735 ILCS 5/9; Chicago RLTO
Statewide deposit capNone (Chicago: 1.5 months’ rent under the RLTO)
Deposit return deadline45 days (30 days if no deductions) (765 ILCS 705/1)
Nonpayment notice5 days (735 ILCS 5/9-209)
Month-to-month notice30 days
Local protectionsChicago 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.

What to Include in a Illinois Rental Agreement (IL)
A well-written rental agreement protects both landlords and tenants. Every agreement should clearly define the terms below to avoid disputes later.
  • Clear monthly rent, due date, and late fee terms
  • Security deposit amount and return conditions
  • Lease start and end dates with renewal terms
  • Pets, utilities, and shared-space rules
  • Notice requirements and termination terms
  • Subletting and assignment conditions
How to Create a Illinois Room Rental Agreement

1. Gather both parties' information. You'll need the landlord and tenant names, contact details, and the property address.

2. Define the lease terms. Set the monthly rent, security deposit, lease dates, rent due date, and late fee policy.

3. Add house rules. Specify pet policy, utilities, and whether subletting is allowed.

4. Download and sign. Preview your agreement, download the PDF, and have both parties sign it. Keep a copy for your records.

Frequently Asked Questions

Is this Illinois rental agreement free?

Yes. Creating and downloading a basic rental agreement is completely free, with no account or credit card required.

Is the generated agreement legally valid in Illinois?

A completed rental agreement can form a contract, but Illinois and local requirements vary. Review the agreement and obtain local legal advice when appropriate.

Can I use it for room rentals or subleases?

Yes. The site includes room rental, roommate, month-to-month, lease, rental, and sublease agreement tools.

How long does an Illinois landlord have to return my deposit?

45 days after you vacate, or 30 days if there are no deductions (765 ILCS 705/1). The landlord must return the balance with an itemized statement of any damages.

Is there a cap on security deposits in Chicago?

Yes. Under the Chicago RLTO, deposits are capped at 1.5 months’ rent for buildings with six or more units, and must be held in a separate interest-bearing account with annual interest paid to the tenant.

How much notice is needed for a nonpayment eviction in Illinois?

5 days (735 ILCS 5/9-209). If the tenant does not pay or vacate, the landlord can file a forcible entry and detainer action in circuit court.

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