Landlord Guide to Renting in Illinois

Illinois permits both written and oral lease agreements. Leases for a term of one year or more must be in writing under the Statute of Frauds (740 ILCS 80/2). Written leases should clearly state the rental amount, payment schedule, lease duration, security deposit terms, and the responsibilities of each party.

• Leases of one year or longer must be in writing (740 ILCS 80/2)
• Month-to-month tenancies are created when no fixed term is specified or the lease has expired
• Landlords must provide tenants with a copy of the signed lease
• Lease provisions that violate the Illinois Landlord and Tenant Act or local ordinances may be void

Illinois does not impose a statewide maximum on security deposit amounts. However, the Security Deposit Return Act (765 ILCS 710) requires landlords of properties with 5 or more units to hold deposits in a federally insured interest-bearing account and pay interest to tenants annually. Chicago's RLTO sets additional requirements including specific interest rates and receipt obligations.

• No statewide cap on security deposit amounts
• Properties with 5+ units: deposit must be in a federally insured interest-bearing account (765 ILCS 710/1)
• Interest must be paid annually to the tenant for properties with 5+ units
• Chicago RLTO requires landlords to provide a receipt with the institution name and interest rate

Illinois landlords must provide several disclosures before or at the beginning of a tenancy. Municipal ordinances may require additional disclosures beyond state law.

• Lead-based paint disclosure for properties built before 1978 (42 U.S.C. § 4852d)
• Radon hazard disclosure (420 ILCS 46/25) — landlords must disclose known radon hazards
• Disclosure of the identity of the owner or authorized agent (765 ILCS 735)
• Carbon monoxide detector and smoke detector compliance notice

Rent is due on the date specified in the lease. Illinois does not require a mandatory grace period at the state level, though the lease or local ordinance may provide one. Landlords may charge late fees if specified in the lease, but Chicago's RLTO prohibits late fees in the first 5 days after the due date.

• No statewide grace period — rent is due on the date stated in the lease
• Late fees are permitted if specified in the lease and must be reasonable
• Chicago RLTO: no late fees for the first 5 days after rent is due
• A 5-day written notice to pay or vacate is required before filing for eviction for nonpayment (735 ILCS 5/9-209)

Illinois recognizes an implied warranty of habitability for residential leases. Landlords must maintain the premises in compliance with applicable building codes and ensure the property is fit for human habitation. Tenants must notify the landlord in writing of needed repairs.

• Maintain the premises in a habitable condition and comply with building codes
• Provide functioning plumbing, electrical, heating, and hot water systems
• Keep common areas clean and safe
• Make essential repairs within a reasonable time after written notice from the tenant

Illinois does not have a specific statewide statute setting a minimum notice period for landlord entry. However, courts generally require reasonable notice — typically at least 24 hours. Chicago's RLTO explicitly requires at least two days' notice for non-emergency entry.

• No statewide statutory notice period — 24 hours is the generally accepted minimum
• Chicago RLTO: at least two days' advance notice required
• Entry must be at reasonable times for lawful purposes (repairs, inspections, showings)
• No notice is required in emergencies

Illinois has a statewide preemption on local rent control ordinances (50 ILCS 825). Landlords may set rent at market rates. For month-to-month tenancies, landlords must provide at least 30 days' written notice before a rent increase takes effect.

• No state or local rent control (prohibited by 50 ILCS 825)
• 30 days' written notice required for rent increases on month-to-month tenancies
• Rent cannot be increased during a fixed-term lease unless the lease expressly permits it
• Rent increases may not be retaliatory against tenants who exercise their legal rights

Notice requirements in Illinois depend on the type of tenancy. Fixed-term leases expire automatically at the end of the stated term unless the lease requires notice of non-renewal.

• Month-to-month tenancy: 30 days' written notice by either party (735 ILCS 5/9-207)
• Week-to-week tenancy: 7 days' written notice
• Fixed-term lease: terminates at the end of the term; check lease for non-renewal notice requirements
• Nonpayment of rent: 5-day written notice to pay or vacate (735 ILCS 5/9-209)

Evictions in Illinois are handled through a forcible entry and detainer action filed in the circuit court of the county where the property is located (735 ILCS 5/9-101 et seq.). The landlord must provide the appropriate statutory notice before filing.

• Serve the required notice (5-day notice for nonpayment, 10-day notice for lease violation under 735 ILCS 5/9-210)
• File a forcible entry and detainer complaint in circuit court
• The tenant is served and may appear to contest the case
• If the court rules for the landlord, an order of possession is entered and enforced by the sheriff

Under the Security Deposit Return Act (765 ILCS 710), landlords must return the security deposit within 30 days after the tenant vacates if no deductions are made, or within 30 days with an itemized statement if deductions apply. Failure to comply can result in the landlord forfeiting the right to retain any portion of the deposit.

• Return deadline: 30 days after the tenant vacates (765 ILCS 710/1)
• If deductions are made, an itemized statement and any required receipts must be provided within 30 days
• Permissible deductions: unpaid rent, damages beyond normal wear and tear
• Non-compliance may result in the landlord owing the full deposit plus two times the deposit amount in penalties