Illinois State Laws

Landlords and tenants will face legal issues during the rental process, but not every issue needs to involve the courts. This article will help you learn how the laws in your state handle everything from security deposits to termination notices so you can navigate these with ease.

This article is not intended to be exhaustive or a substitute for qualified legal advice. Laws and statutes are subject to change and may vary by county or city. You are responsible for performing your research and complying with all laws applicable to your unique situation.

If you have legal questions or concerns, we recommend consulting with the appropriate government agencies and a qualified lawyer in your area. Your state bar association may have a referral service to help you find a lawyer with experience in landlord-tenant law.

Official Rules, Regulations, and Guide

Details

Security Deposit:

Security Deposit Maximum: No Limit (765 ILCS 710/1)
Deadline for Returning Security Deposit: The landlord must return the security deposit to the tenant within 45 days of the tenant moving out of the unit. The deposit must be delivered in person or via postmarked mail. (765 ILCS 710/1(a))
Nonrefundable Deposits: No statute
Security Deposit Interest: Landlords who own 25 or more units must pay interest on deposits held for 6 months or longer. The interest rate must match the rate paid by savings accounts held at the largest commercial bank in the state as of Dec. 31 before the start of tenancy. Earnings from the interest must be credited or paid out to the tenant every 12 months. (765 ILCS 715/1&2)
Separate Security Deposit Bank Account: No statute
Pet Deposits and Additional Fees: No statute
Advance Notice of Deposit Withholding: No statute
Move-Out Checklist / Itemized List of Damages and Charges: Yes, and the list must be sent to the tenant within 30 days from the day the tenant moved out of the rental unit. (765 ILCS 710/1)
Joint Move-Out Inspection: No statute
Record Keeping of Deposit Withholdings: No statute

Receipt of Deposit: No statute
Failure to Comply: If the landlord fails to return the security deposit within 45 days, the tenant is to recover twice the amount owed, plus court costs and “reasonable” attorney fees (765 ILCS 710(c).

Lease, Rent & Fees:

Rent Increase Notice: No statute
Late Fees: Landlords may charge a “reasonable” late fee, defined as $20 or 20% of the rent, beginning on the fifth day after the rent is due (770 ILCS 95.7.10)
Returned Check Fees: No statute
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes (765 ILCS 735)
Tenant Allowed to Repair and Deduct Rent: Yes, but the cost of repairs must not exceed one-half of the rent or $500. (765 ILCS 742)
Landlord Allow to Recover Court and Attorney’s Fees: Yes
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: Yes (735 ILCS 5/9-213.1)

Notices and Entry:

Notice to Terminate a Lease – Yearly Lease: 60 days (735 ILCS 5/9-205)
Notice to Terminate a Lease – Month-to-Month: 30 days (735 ILCS 5/9-207)
Notice to Terminate a Lease – Week-to-week: 7 days (735 ILCS 5/9-207)
Notice of date/time of Move-Out Inspection: No statute
Eviction Notice for Nonpayment: 5 days to pay or move out. (735 ILCS 5/9-120(d))
Eviction Notice for Lease Violation: 10 days (735 ILCS 5/9-210)
Required Notice before Entry: No statute
Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes (735 ILCS 5/9-102)
Entry Allowed During Tenant’s Extended Absence: No statute
Notice to Tenants for Pesticide Use: No statute
Emergency Entry Allowed without Notice: No statute
Lockouts Allowed: No
Utility Shut-offs Allowed: No

Disclosures and Miscellaneous Notes:

The landlord must change the locks or keys every time the house is vacated or between tenants (765 ILCS 750/1).
Landlord must provide a formula for dividing up utilities when utilities are split among multiple tenants. (765 ILCS 740 /5)
The landlord must disclose any existence of Radon in any rental unit (420 ILCS 46/25).
The tenant may terminate a lease early in special circumstances involving sexual assault, sexual abuse, or domestic violence. (765 ILCS 750/5)
Landlords must change the locks if requested by a domestic violence victim. (765 ILCS 750 /20)
Landlords can ask tenants to provide proof of domestic violence status in the form of medical or court records, police reports, or a statement from a victim services or domestic violence organization. (765 ILCS 750)
Landlords must not disclose the status of the domestic violence victim to anyone. (765 ILCS 750 /27)
If the property is abandoned, the Landlord may harvest and seize crops to reclaim unpaid rent. (735 ILCS 5/9-318)
The landlord must not terminate or refuse to renew a lease with a tenant who has filed an official complaint to a Government Authority (765 ILCS 720)

Court Related:

Illinois Small Claims Court
Small Claims Court Limits: $10,000 (see Illinois Attorney General page)
Eviction Cases Allowed: Yes (see Illinois Attorney General page)

Business Licenses:

Business License required: No statewide statute, but local cities and counties may have regulations and requirements. Check with your local governing authority.

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