Illinois (IL) law guide
Illinois landlord-tenant law is spread across several statutes under **Title 765 of the Illinois Compiled Statutes**, with the core framework in the Landlord and Tenant Act (765 ILCS 705) and the Security Deposit Return Act (765 ILCS 710). The state takes a notably balanced approach: landlords face strict deposit-return timelines and a double-damages penalty for non-compliance, while tenants have no shield from uncapped rent increases because the **Rent Control Preemption Act (50 ILCS 825)** bars every municipality in Illinois from enacting rent stabilization. Understanding both sides of that equation is essential for anyone managing or renting residential property in Illinois.
Security deposit limit
No statewide cap
Deposit return deadline
30 days (with itemized statement) or 45 days
Statewide rent control
None, preempted by 50 ILCS 825
Nonpayment eviction notice
5-day pay-or-quit (735 ILCS 5/9-209)
Illinois rental market snapshot
Population
~12.7 million (2025 estimate)
Renter households
~33% of households rent
Median rent
~$1,550 (2BR)
Largest rental markets
Chicago, Aurora, Rockford, Joliet, Springfield
Chicago's rental density (over 54% of city households are renters) means the 5-day pay-or-quit rule and double-damages deposit penalty carry outsized financial weight there, making compliance calendars a practical necessity for multi-unit operators throughout the metro.
Illinois imposes no statutory cap on the amount a landlord may collect as a security deposit, leaving the ceiling to individual lease negotiations. Despite that flexibility on the front end, the state imposes firm obligations on the back end. Under the Security Deposit Return Act (765 ILCS 710), a landlord who intends to make deductions must provide the tenant with an itemized written statement of damages within 30 days of the date the tenant vacated. If no deductions are claimed, the full deposit must be returned within 45 days of move-out. Receipts or repair invoices must accompany the itemized statement, or be furnished within 30 days of any estimate.
The consequences for missing these deadlines are punishing. A landlord who willfully refuses to supply the required statement or return funds on time becomes liable for twice the amount of the deposit withheld, plus court costs and reasonable attorney fees. This double-damages provision applies when a court finds the withholding was in bad faith, so landlords should document every deduction meticulously. Legitimate deductions are limited to unpaid rent and damage beyond normal wear and tear. Routine cleaning costs may be charged only when the lease specifically authorizes them for defined items.
For properties with 25 or more rental units in a single building or on contiguous parcels, Illinois also requires landlords to pay interest on security deposits held for more than six months (765 ILCS 715). The interest rate is set annually by the Illinois Commissioner of Banks and Real Estate. Tenants in smaller buildings do not have this interest right under state law, though some local ordinances, particularly the Chicago Residential Landlord and Tenant Ordinance, impose additional requirements that go further than the state baseline.
Illinois is one of the clearest examples in the country of a state that has affirmatively closed the door on rent regulation. The Rent Control Preemption Act (50 ILCS 825) prohibits every unit of local government from enacting, maintaining, or enforcing any ordinance that controls the amount of rent charged for private residential or commercial property. Crucially, Section 10 of that act removes home-rule authority on this issue, meaning even Chicago, which otherwise exercises broad home-rule powers, cannot enact rent stabilization. Efforts to repeal the preemption have surfaced in the General Assembly in recent sessions but have not passed as of 2026.
Because no rent control exists at any level, Illinois landlords may raise rent by any amount, subject only to anti-discrimination laws and the notice requirements embedded in the lease or implied by tenancy type. For a month-to-month tenancy, the widely applied practice derived from the 30-day notice to terminate is that landlords should give at least 30 days written notice before a rent increase takes effect. The state has no standalone statute fixing a specific notice window for rent increases alone, so the lease terms govern whenever they speak to the issue.
Tenants who receive a rent increase they cannot afford retain the right to terminate by giving their own 30-day notice on a month-to-month agreement, or to negotiate with the landlord. There is no requirement that a landlord justify the amount of an increase, and no formula limits annual adjustments statewide. Property managers tracking clients across multiple states should note that this uncapped environment places Illinois squarely in contrast with states like California or Oregon where statutory caps or local ordinances significantly restrict pricing flexibility.
Before a landlord may file an eviction lawsuit in Illinois, the correct statutory notice must be served on the tenant. For nonpayment of rent, the governing provision is 735 ILCS 5/9-209, which requires a written demand giving the tenant not less than 5 days to pay the full amount owed or vacate. The 2018 amendment to this section added a required statement prominently in the notice that only full payment, absent a written agreement to accept partial payment, will waive the landlord's right to proceed. Filing the complaint in the Circuit Court before the five days expire renders the case vulnerable to dismissal.
For lease violations other than nonpayment, a 10-day cure-or-quit notice is standard, and for month-to-month tenancies a 30-day termination notice is required. Illinois uses a Forcible Entry and Detainer proceeding (735 ILCS 5, Article IX) for all eviction filings. Once a complaint is filed and the tenant is served, a court date is typically set within a few weeks. If the judge enters a possession order and the tenant does not vacate, the landlord obtains a writ of possession executed by the sheriff. Courts in Cook County, which handles a large share of Illinois evictions, have specific local rules that add procedural steps.
Self-help eviction is strictly prohibited throughout Illinois. A landlord may not remove a tenant's belongings, change the locks, shut off utilities, or take any other action designed to physically force a tenant out without a court order and sheriff's enforcement. Violations expose landlords to liability for actual damages and, in some circumstances, to claims under the Landlord Retaliation Act (765 ILCS 721). Chicago's municipal code adds its own layer of tenant protections, including a right to written notice of the specific lease provision violated before any eviction for cause can proceed.
Illinois tenants benefit from a cluster of protective statutes that operate alongside the core Landlord and Tenant Act. The Residential Tenants' Right to Repair Act (765 ILCS 742) gives tenants a repair-and-deduct remedy when a landlord fails to fix a condition that affects health or safety and the cost to repair does not exceed the greater of $500 or one-half of one month's rent. The tenant must give written notice and allow a reasonable time for the landlord to act before engaging a licensed contractor and deducting the invoice from rent. This remedy is available to tenants in buildings with five or more units.
Retaliation protections are codified in the Landlord Retaliation Act (765 ILCS 721), which replaced the older Retaliatory Eviction Act following Public Act 103-831. A landlord may not increase rent, decrease services, threaten eviction, or take any adverse action against a tenant for reporting code violations to a government agency, organizing with other tenants, or exercising any legally protected right. If a landlord takes adverse action within a specified window after protected activity, a rebuttable presumption of retaliation arises, shifting the burden to the landlord to show a legitimate, non-retaliatory reason.
Additional protections address specific circumstances. Under 765 ILCS 705, landlords cannot require electronic funds transfer as the sole payment method for rent, must disclose flood risk for covered properties, and must provide sex offender disclosure upon tenant request. Military service members have independent lease-termination rights under both state and federal law. In Cook County (population over 3 million), landlords are required by 765 ILCS 705 Sec. 15 to rekey locks between tenancies, a cost borne by the landlord. The Chicago Residential Landlord and Tenant Ordinance provides the most expansive local protections in the state, covering habitability standards, required disclosures, and tenant remedies beyond what state law mandates.
This guide is general information, not legal advice. Governing statute: Illinois Landlord and Tenant Act (765 ILCS 705) and Security Deposit Return Act (765 ILCS 710). Laws change; confirm the current statute or consult an attorney before acting. Last reviewed 2026-06-04.
Illinois FAQ
A landlord in Illinois must return the security deposit within 45 days of move-out. If the landlord plans to make deductions, a written itemized statement with receipts must be provided within 30 days of move-out, with the remaining balance returned at that time. Failing to meet these deadlines without justification can result in a penalty equal to twice the deposit amount, plus court costs and attorney fees, under the Security Deposit Return Act (765 ILCS 710).
No. Illinois state law does not cap the amount a landlord can collect as a security deposit. The amount is subject to negotiation between landlord and tenant. However, local ordinances such as the Chicago Residential Landlord and Tenant Ordinance may impose additional requirements, so landlords should check rules for the specific city or county where the property is located.
No. Illinois has no statewide rent control, and the Rent Control Preemption Act (50 ILCS 825) explicitly prohibits cities, counties, and even home-rule municipalities from enacting local rent control ordinances for private residential property. Landlords may raise rent by any amount, provided they give adequate written notice before the change takes effect.
Before filing an eviction lawsuit for nonpayment of rent, an Illinois landlord must serve the tenant with a written 5-day pay-or-quit notice under 735 ILCS 5/9-209. The notice must state the amount owed and include a required statutory statement clarifying that only full payment will stop the eviction proceeding unless the landlord agrees in writing to accept partial payment.
No. Self-help evictions are prohibited in Illinois. A landlord cannot change the locks, remove a tenant's belongings, shut off utilities, or take any other action to physically force a tenant out without first obtaining a court order through a Forcible Entry and Detainer proceeding (735 ILCS 5, Article IX) and having the order enforced by the county sheriff. Unlawful lockouts expose landlords to damage claims.
Under the Landlord Retaliation Act (765 ILCS 721), it is unlawful for a landlord to increase rent, reduce services, threaten eviction, or take other adverse action against a tenant because the tenant reported a code or health violation to a government agency or exercised another legally protected right. If the adverse action occurs within a protected window after the tenant's complaint, the law presumes retaliation, and the burden shifts to the landlord to prove a legitimate non-retaliatory reason.
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