Illinois Landlord-Tenant Law for DIY Landlords (2026)

Security deposits, late fees, notice periods, the 5-day demand and the eviction timeline in Illinois, in plain English for landlords who manage their own rentals.

Last updated September 23, 2026

Illinois has no single landlord-tenant code. Deposits sit in one short act, deposit interest in another, evictions in Article IX of the Code of Civil Procedure, repairs mostly in case law. Several rules switch on at a building size, so a four-flat owner and a 30-unit owner follow different books.

Here is what a small Illinois landlord has to get right, with the code section behind each rule.

Security deposits

There is no cap on the amount. Illinois sets no statewide limit on what you collect as a deposit. Your lease sets it, and home rule cities can add their own.

The return rules start at 5 units. The Security Deposit Return Act applies to a lessor of residential real property containing 5 or more units (765 ILCS 710/1). Rent out a single-family house or a four-flat and it does not reach you. Your lease and ordinary contract law control instead, and a court still expects the money back minus provable deductions.

You have 30 days to itemize. Where the Act applies, you cannot withhold anything for damage without furnishing an itemized statement within 30 days of the date the tenant vacated, listing the damage claimed and the cost of each item, with paid receipts attached. Hand delivery, mail to the last known address, or email to a verified address all count (765 ILCS 710/1).

Estimates buy 30 more days. Paid receipts follow within 30 days of the statement (765 ILCS 710/1).

Miss it and the full deposit goes back in 45 days. No statement, no receipts, and you owe the whole deposit within 45 days of the date the tenant vacated (765 ILCS 710/1).

The penalty is double. A court that finds you refused the itemized statement, or gave one in bad faith, and failed to return the deposit on time can award twice the deposit plus costs and reasonable attorney fees (765 ILCS 710/1).

Interest starts at 25 units. A single building or contiguous complex with 25 or more units triggers the Security Deposit Interest Act on any deposit held more than 6 months. The rate is the passbook savings rate at the largest commercial bank in Illinois as of December 31 before the lease started, published yearly by IDFPR. Pay it within 30 days after each 12-month period once it reaches $5, in cash or as a rent credit (765 ILCS 715/1). Willful refusal costs the full deposit amount again, plus costs and fees (765 ILCS 715/2).

Late fees

Illinois has no statewide cap on residential late fees and no statutory grace period. Put the fee in the lease and keep it reasonable. Chicago caps it, covered below.

Rent increases and rent control

No city in Illinois can pass rent control. The Rent Control Preemption Act bars any unit of local government from enacting, maintaining or enforcing an ordinance controlling the rent on private residential property, and names that a limit on home rule power (50 ILCS 825/5, 50 ILCS 825/10).

So the limit is your lease. No statute caps an increase. A fixed-term rent holds to the end of the term. On a month-to-month, an increase rides on the same 30 days' written notice used to end the tenancy (735 ILCS 5/9-207(b)).

Entering the unit

Illinois statutes set no notice period for entering an occupied unit. Write one into your lease. Twenty-four hours in writing for anything short of an emergency is a clean standard. Chicago requires two days (Chicago Mun. Code 5-12-050).

Ending a month-to-month tenancy

30 days' written notice ends a tenancy of any term under a year other than week to week (735 ILCS 5/9-207(b)). Week to week takes 7 days (735 ILCS 5/9-207(a)). Year to year takes 60 days, servable any time within the four months before that final 60-day stretch (735 ILCS 5/9-205).

When rent isn't paid

Serve a written demand giving the tenant not less than 5 days to pay, any time after rent is due. Payment in full inside that window keeps the tenancy alive, absent a written agreement otherwise (735 ILCS 5/9-209). A lease default other than rent takes a 10-day notice to quit (735 ILCS 5/9-210).

Service matters. Hand it to the tenant, leave it with someone 13 or older at the property, send it certified mail with return receipt, or post it when the unit sits vacant (735 ILCS 5/9-211).

The eviction process

Notice runs out. The 5-day or 10-day clock expires with nothing paid or cured.
File. An eviction action in the circuit court for the county where the property sits (735 ILCS 5/9-106).
Summons. It sets an appearance date 7 to 40 days after issuance (Ill. S. Ct. R. 101(b)(2)).
Hearing. Either side can demand a jury (735 ILCS 5/9-108). The court decides possession on a preponderance of the evidence (735 ILCS 5/9-109.5).
Eviction order. The sheriff carries it out, and it expires 120 days after entry, so ask the court for an extension if that deadline nears (735 ILCS 5/9-117).

Two traps. No lockouts, since entry has to be peaceable and only where the law allows it (735 ILCS 5/9-101). Cutting utilities to push a tenant out can cost a 100% rent abatement for every month it lasted plus damages up to $300 per tenant (765 ILCS 735/2.1).

Minors cannot be named. Since August 15, 2025, a complaint naming a defendant who is a minor now, or was one at lease signing, gets dismissed in full against every defendant, sealed, and can cost actual damages, $1,000 in liquidated damages and the tenant's fees (P.A. 104-0317, amending 735 ILCS 5/9-106 and 9-121). Check your signatories before filing.

Repairs and habitability

Illinois reads an implied warranty of habitability into every residential lease. That comes from the courts, not a statute (Jack Spring, Inc. v. Little, 50 Ill. 2d 351 (1972)).

The Residential Tenants' Right to Repair Act lets a tenant send written notice by certified mail, wait 14 days, then hire a licensed tradesman and deduct the bill, capped at the lesser of $500 or half a month's rent. It skips owner-occupied buildings with 6 or fewer units, condos and co-ops (765 ILCS 742/5, 765 ILCS 742/10).

Retaliation and the new lease disclosure

Retaliation carries real damages. The Landlord Retaliation Act took effect January 1, 2025. Raising rent, cutting services, refusing a renewal or ending a tenancy in answer to a code complaint, a repair request or tenant organizing costs two months' rent or twice the damages, plus attorney fees. Protected activity in the year before your action raises a rebuttable presumption against you (765 ILCS 721/10, 765 ILCS 721/15).

Every written lease needs a new first page. From January 1, 2026, the Illinois Department of Human Rights summary of rights for survivors of domestic and sexual violence goes on as the first page of any written residential lease, signed by the tenant. Skipping it costs the greater of actual damages capped at $2,000 or $100, plus costs and fees (765 ILCS 752/20, 765 ILCS 752/30).

Chicago and other local ordinances

This guide is statewide. Chicago's Residential Landlord and Tenant Ordinance sits on top of it and runs stricter on late fees, entry notice and deposits, exempting owner-occupied buildings with 6 or fewer units (Chicago Mun. Code 5-12-050, 5-12-080, 5-12-140(h)). Cook County and several suburbs have their own. Check your municipality.

The short version

No deposit cap, and the deposit return act starts at 5 or more units
30 days to itemize, 30 more for receipts, 45 days to refund if you miss
Double the deposit plus fees if you get it wrong
No statewide late fee cap, no entry notice, no rent control anywhere
30 days' notice to end a month-to-month, 7 for week to week
A 5-day demand for rent, a 10-day notice for other breaches
Summons date 7 to 40 days out, eviction order expires after 120 days

Let Taz handle the paperwork

Taz is an AI property manager for landlords who would rather not live in the code books. It tracks deposit deadlines, sends rent reminders, takes maintenance requests day and night, and keeps the records an Illinois judge would ask for, at a flat monthly price per door instead of a cut of your rent. See how Taz works.

Where this guide says a state has no rule on something, that means we found no statute setting one, which is not the same as none existing. Local ordinances and court practice can add requirements. Confirm anything you plan to rely on.

This guide is general information, not legal advice. Laws change, and your city or county may add rules. Talk to an Illinois attorney before acting on a specific situation. Last checked September 2026.