Illinois Landlord Tenant Law FAQ

You have rights as either a tenant or a landlord under Illinois law.

About one-third of Illinois residents, or more than 1.6 million households, rent their homes. And if one-third of the state are tenants, then it means there are a lot of landlords, too. 

One of the most common types of legal disputes is between landlords and tenants. It’s not that either side is trying to wrong the other; rather, there’s a variety of issues that can arise in a tenancy relationship and sometimes the answers rely on complicated legal considerations. 

Here are your answers to the most common frequently asked questions in Illinois landlord/tenant law.

What laws govern the landlord/tenant relationship in Illinois?

The Illinois Residential Tenants’ Right to Repair Act, the Illinois Security Deposit Return Act, and local ordinances like the Chicago Residential Landlord and Tenant Ordinance (RLTO) are some laws that govern landlord/tenant rules.

Is Illinois landlord-friendly or tenant-friendly?

Illinois is typically considered a landlord-friendly state.

A landlord-friendly state favors landlords and property owners by making laws and regulations that are weighted toward their side in a dispute. For example, a landlord-friendly state might have easy eviction processes, favorable security deposit laws, low property taxes, minimal regulations on rent increases, and more flexibility in rental prices and fees.

What are Illinois tenants’ rights?

Illinois tenants’ rights include:

• Habitable living environment. A tenant is entitled to live in a safe and sanitary unit that meets local health and building codes. A landlord is responsible for repairs and ensuring the the property is habitable.
• 24 hours’ notice before the landlord enters the unit. If the landlord will enter the unit for a non-emergency reason, they must provide the tenant 24 hours of notice.
• Return of security deposit. Under Illinois security deposit laws, the landlord must return the tenant’s deposit within 45 days of vacating the premises. The landlord may deduct costs for damages, cleaning or unpaid rent, along with an itemized statement of deductions within 30 days.
• Protection from discrimination. Tenants have the right to be treated fairly and cannot be denied services based on characteristics like race, sex, religion, disability, age, national origin, or familial status.
• Protection from retaliation. A tenant is protected from eviction for reporting code violations or complaints to government agencies, the media, or the landlord.
• Right to repair. A landlord must fix a necessary repair that costs less than $500 or half the rent, whichever is lower, within 14 days of notice.
• Written lease. A tenant is entitled to receive their lease in writing in order to minimize the likelihood of landlord disputes later.

What are an Illinois tenant’s responsibilities?

• Pay rent on time
• Keep rental unit clean and undamaged
• Responsible for damages beyond normal wear and tear
• Pay utility bill (if required by your lease) 
• Do not alter the unit without landlord’s approval 
• Provide 30-day written notice when you wish to move out, unless your lease requires more time

What are an Illinois landlord’s rights and responsibilities?

• Maintain the unit as fit to live in, including staying within compliance with state and local health and housing codes 
• Make reasonable rules and regulations for the property 
• Charge a reasonable fee for late rent payments 
• Set the amount of rent and the security deposit
• Make necessary repairs

What are the laws for Illinois security deposits?

Most units’ security deposit is equal to one month’s rent, but there is no legal limit. This is at the landlord’s discretion. The landlord may use the security deposit to cover costs for unpaid rent, damages, and cleaning after a tenant moves out.

The landlord must return your security deposit within 45 days of vacating the unit if:

• There are five or more units on the property
• The tenant does not owe back rent
• The tenant did not damage the unit 
• The tenant left the unit clean upon move-out

Are there restrictions on rent increases in Illinois? And how are leases terminated?

The landlord is permitted to raise rent by any amount with notice to the tenant. For a week-to-week tenancy, they must provide seven days’ notice. For a month-to-month tenancy, they must provide 30 days’ notice. 

If the landlord wishes to terminate the tenancy, they must notify the tenant in writing. For a month-to-month lease, there must be 30 days’ written notice. For a yearly lease, there must be 60 days’ notice. The landlord is not required to provide a reason for terminating the lease. 

If you need to pay a utility bill that the landlord was responsible for and failed to pay, you may deduct the payment from your rent.

What can I do if my Illinois landlord discriminated against me?

A landlord may not discriminate because of race, color, religion, national origin, ancestry, sex, marital status, or disability. If you believe you’ve suffered discrimination on one of these bases, you should file a complaint with the Illinois Department of Human Rights.

My Illinois landlord is trying to evict me. What can I do?

A landlord must provide a written notice that states the reason for eviction. If the reason is nonpayment, the tenant has five days in which to pay the rent. If it’s for violating a provision of the lease, the tenant is entitled to 10 days’ notice.

If the tenant does not vacate the unit after the notice period, the landlord may file an eviction lawsuit. They must serve a summons and complaint; the summons requires the tenant to appear in court. The tenant is entitled to legal representation and a jury trial. They may present evidence, including witnesses. However, only a sheriff may physically evict a tenant. A landlord is not permitted to lock them out; the landlord may pursue eviction through the court system. 

If you need assistance for a landlord/tenant issue, an Illinois attorney can guide you through the legal process.