Illinois Landlord-Tenant Laws (2026): Deposits, Notice, and Tenant Rights

Illinois has no statewide security deposit cap, but landlords must return itemized deductions within 30 days and the full remaining balance within 45 days after a tenancy ends. There is no statewide notice-to-enter rule (Chicago requires 2 days), though landlords in any city should give reasonable advance notice. The Security Deposit Return Act now covers all residential landlords following a January 2024 change.

Security deposits in Illinois

Illinois does not cap the security deposit dollar amount at the state level. That means a landlord can technically ask for any amount, though local ordinances add limits in some cities. Chicago, for example, has detailed security deposit rules under the Residential Landlord and Tenant Ordinance (RLTO) that cap deposits and require interest payments.

At the state level, the Security Deposit Return Act (765 ILCS 710) controls when and how a deposit is returned. If a landlord withholds any portion, they must provide an itemized written statement of deductions within 30 days of the tenancy ending. The remaining balance must be returned no later than 45 days after the tenancy ends.

Since January 1, 2024, the Security Deposit Return Act covers all residential landlords in Illinois. Before that date, landlords with fewer than 5 units were exempt. Now every residential landlord must comply, regardless of how many units they own.

Allowable deductions generally include unpaid rent, lease-specified fees, and damage beyond normal wear and tear. Damage such as scuffed baseboards or minor carpet wear does not justify a deduction. A landlord who fails to return the deposit or provide the written itemization on time may owe the tenant double the withheld amount as a penalty.

When can a landlord enter? Notice rules

Illinois has no statewide statute specifying how many hours advance notice a landlord must give before entering a unit. That is different from many states, which set 24 or 48 hours as the minimum. In Illinois, landlords are generally expected to give reasonable advance notice under common law, and most landlords provide at least 24 hours notice as a practical matter.

The major exception is Chicago. The Chicago RLTO requires landlords to give at least 2 days (48 hours) notice before entering a unit for non-emergency purposes. Entry must also be at a reasonable time, usually understood as normal business hours.

Emergency entry is an exception everywhere. If there is a fire, flooding, gas leak, or another true emergency, a landlord can enter immediately without advance notice. Outside of emergencies, tenants can treat repeated unannounced entry as a lease violation or even harassment. If you rent in a city other than Chicago, check your local ordinances or lease terms for any notice requirement that may apply to you.

Ending a lease: notice to vacate

To end a month-to-month tenancy in Illinois, either the landlord or the tenant must give 30 days written notice before the end of a rental period. That means if rent is due on the first of the month, notice should be delivered at least 30 days before the last day of the intended final month.

Both landlords and tenants owe each other this 30-day notice under Illinois law. Oral notice is generally not sufficient; written notice creates a paper trail and avoids disputes over timing.

If a tenant is being asked to leave for nonpayment of rent or a lease violation, the process is different. Illinois landlords must serve a specific written notice (a 5-day notice for nonpayment) before filing an eviction case in court. For details on those notices and the formal eviction timeline, see the Illinois eviction notice page.

Repairs and the warranty of habitability

Every residential lease in Illinois carries an implied warranty of habitability. Landlords must maintain the rental unit in a condition fit for human habitation throughout the tenancy. That covers essential systems like heating, plumbing, and electricity, as well as structural integrity, working smoke detectors, and freedom from significant pest infestations.

When a landlord fails to make a necessary repair after written notice, Illinois tenants have more options than tenants in many other states. Under 765 ILCS 742, the repair-and-deduct remedy is available statewide. A tenant can hire a licensed contractor to fix the problem and deduct the cost from rent, up to the lesser of $500 or one half of one month's rent.

To use repair-and-deduct in Illinois, the tenant must first notify the landlord in writing and give a reasonable time to fix the problem. If the landlord does not act, the tenant can proceed with the repair and provide the landlord a copy of the paid receipt. This remedy is for essential habitability issues, not cosmetic preferences.

Tenants who are not using repair-and-deduct can also seek rent escrow (paying rent into a court-held account), petition a housing court, or terminate the lease if the unit becomes truly uninhabitable. Documenting every communication and deficiency in writing is critical before taking any of these steps.

Rent, late fees, and rent control

Illinois sets a statutory cap on late fees. A landlord may charge the greater of $20 or 20% of the overdue rent amount. Illinois also provides a 5-day grace period, meaning a landlord cannot charge a late fee until at least 5 days after the rent due date.

On rent increases, Illinois does not require advance written notice of a specific number of days at the state level for month-to-month tenants, but proper notice to change lease terms is generally tied to the termination notice period, so 30 days is the practical standard. Leases that are fixed-term cannot be changed mid-term without the tenant's agreement.

Rent control is not permitted anywhere in Illinois. The Rent Control Preemption Act (765 ILCS 720) prohibits any county or municipality from enacting rent control or rent stabilization ordinances. This means Chicago, despite its otherwise strong tenant protections, cannot cap how much a landlord raises the rent between tenants or on renewal. Tenants have no protection against any rent increase, provided the proper lease notice is given.

If you have a landlord-tenant dispute in Illinois

Most Illinois landlord-tenant disputes can be resolved without a lawyer if you act early and document everything.

Start by writing down the facts and dates of your problem and sending the landlord written notice by email or certified mail. A written record is your best protection if the matter goes to court. If your deposit was not returned or improperly itemized, Illinois allows you to sue in small claims court for up to double the withheld amount. Small claims court in Illinois handles disputes up to $10,000 and is designed to be navigable without an attorney.

If the issue involves habitability, follow the repair-and-deduct procedure described above, or contact your local building or housing authority. Many Illinois cities have a rental housing inspector who can document code violations.

State-level resources include the Illinois Attorney General's Landlord-Tenant Rights pamphlet and the Illinois Legal Aid Online portal (illinoislegalaid.org), which offers free legal help to income-eligible tenants. Chicago tenants can also contact the Chicago Commission on Human Relations or a city-funded tenant legal aid organization.

For nonpayment or eviction situations, consult the Illinois eviction notice page and consider speaking with a licensed attorney before responding to court filings.

This article is general legal information, not legal advice. Landlord-tenant rules vary by state and city and change, and some cities add their own ordinances. For advice about a specific situation, consult a licensed attorney or your state housing agency.

Related pages: Landlord-Tenant Laws by State | Illinois Eviction Notice | Illinois Squatters Rights

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