Illinois Residential Lease Agreement

Required Landlord Disclosures (11)

State and local laws require tenants to review and sign certain disclosures during lease signing. In Illinois, these disclosures include:

1. Lead paint: Federal law requires landlords to disclose any known information about the presence of lead-based paint or lead-based paint hazards in any property built before 1978.
2. Smoke detectors: Landlords must notify tenants about smoke detector testing and maintenance (425 Ill. Comp. Stat. § 60/3(d)).
3. Carbon monoxide detectors: As with smoke detectors, landlords must inform tenants of the status and maintenance of carbon monoxide detectors in their units (430 Ill. Comp. Stat. § 135/10(c)).
4. Rent concession: The Rent Concession Act requires landlords to clearly label the amount, extent, and nature of any rent concession granted to the tenant (765 Ill. Comp. Stat. § 730/3).
5. Shared utilities: Landlords must notify tenants if utilities are shared with other tenants and include the written formula used to allocate utility payments (765 Ill. Comp. Stat. § 740/5(a)).
6. Radon hazards: Illinois landlords must provide certain radon disclosures for rental units below the third story above ground level, including the state-approved radon pamphlet, any records showing a radon hazard, and the required radon disclosure form (420 Ill. Comp. Stat. § 46/26).
7. Residential landlord-tenant ordinance summary: Cook County and the City of Chicago require landlords to attach a summary of the Residential Landlord and Tenant Ordinance to the lease.
8. Bed bug brochure: Cook County and the City of Chicago require landlords to provide a bed bug brochure prepared by the Department of Health, which must be attached to the lease.
9. Summary of Rights for Safer Homes: As of January 1, 2026, Illinois landlords must attach the state-issued Summary of Rights for Safer Homes as the first pages of every new or renewed written residential lease. Each tenant must initial each page and sign the acknowledgment at the bottom of the final page (765 Ill. Comp. Stat. § 752).
10. Flooding: Illinois landlords must disclose whether the rental property is in a FEMA Special Flood Hazard Area and whether the property or parking areas have flooded. Landlords renting lower-level units must also disclose whether the unit or property has flooded in the last 10 years (765 Ill. Comp. Stat. § 705/25).
11. Non-optional fee disclosure: Starting July 1, 2026, Illinois landlords must clearly disclose all non-optional fees on the first page of the lease agreement. Tenants are not responsible for fees that the landlord does not disclose on the first page of the lease (765 Ill. Comp. Stat. 760/10).

Security Deposit Regulations

Maximum security deposit amount: As of 2026, Illinois does not set a statewide limit on security deposit amounts. However, some cities and counties impose their own limits. For instance, in Cook County, landlords may collect up to 1.5 times the monthly rent. Check local laws to ensure compliance.

Receipt of deposit: Illinois law does not require landlords to issue a statewide security deposit receipt. However, the City of Chicago and Cook County require landlords to provide one showing the deposit amount and the date the deposit was received (Residential Landlord and Tenant Ordinance).

Interest: Landlords of properties with 25 or more units are required to pay interest on security deposits held for more than 6 months. The interest rate must equal the rate paid by the largest commercial bank in Illinois on minimum deposit savings accounts (765 Ill. Comp. Stat. § 715/1).

Deduction tracking: If landlords deduct funds from the security deposit to cover necessary cleaning or repairs, they must provide the tenant with an itemized list of deductions, including estimated or actual costs, within 30 days (765 Ill. Comp. Stat. § 710/1(a)).

Returning a tenant’s security deposit: If a landlord withholds any portion of the security deposit for property damage, they must provide an itemized statement within 30 days after the tenant vacates or the tenant’s right of possession ends, whichever is later. If the landlord makes no deductions, they must return the full deposit to the tenant within 45 days (765 Ill. Comp. Stat. § 710/1(a)).

Landlord’s Access to Property

Advance notice: Illinois does not have a statewide statute requiring advance notice before landlord entry. However, most landlords provide 24 to 48 hours’ notice when possible. Cook County landlords generally must provide 2 days’ notice and enter only at reasonable times between 8:00 a.m. and 8:00 p.m., except in emergencies or other limited situations. Chicago landlords must generally provide at least 2 days’ notice before lawful entry, except in emergencies.

Immediate access: In emergencies, landlords may enter the property, with or without the tenant present, without advance notice.

Landlord harassment: Landlords who repeatedly enter a property without cause could face landlord harassment claims. Harassment may allow a tenant to end the lease early with 15 days’ notice. In Cook County, landlord harassment may also allow a tenant to end the lease early and recover up to 1 month’s rent (MUN. CODE CH. 5-12-050).

Rent Payment Laws

Grace period: Illinois does not currently require a statewide grace period for residential rent payments. Local laws may apply, however, and lease terms should clearly state when rent is due and when landlords may charge late fees.

Late rent fees: Starting July 1, 2026, Illinois landlords may not charge a late fee until rent is more than 5 days past due. For residential leases entered into on or after that date, late fees cannot exceed $10 for the first $1,000 of monthly rent, plus 5% of any monthly rent above $1,000 (HB 3564).

Tenant’s right to withhold rent: Illinois tenants may deduct repair costs from rent only if the landlord fails to make a repair required by law or the rental agreement, and the repair cost does not exceed the greater of $500 or one-half of the monthly rent. Tenants must give written notice, allow 14 days for the landlord to make repairs, submit the paid bill, and comply with all statutory requirements before deducting the cost from rent (765 Ill. Comp. Stat. § 742/5).

Utility disclosure: Starting July 1, 2026, Illinois landlords must disclose in the lease agreement or rental listing whether utilities are included in rent and identify any utility charges that tenants must pay separately (765 Ill. Comp. Stat. 760/10).

Electronic rent payment fees: Starting July 1, 2026, Illinois landlords cannot require tenants to pay rent or fees through an electronic funds transfer system that charges a transaction fee, unless the landlord also offers an alternative payment method that does not charge a transaction fee (765 Ill. Comp. Stat. 760/15).

Breach of Rental Agreement

Missed rent payment: If rent remains unpaid after the fifth day, landlords may serve a written 5-Day Notice to Pay or Quit. The notice should state the amount of unpaid rent and the date the lease will terminate. Local rules may provide different timelines in Cook County and the City of Chicago (735 Ill. Comp. Stat. § 5/9-209).

Lease violation: For lease violations, Illinois landlords generally must deliver a 10-Day Notice to Quit that specifies the violation and the date the lease will terminate. In some cases, Illinois landlords must allow the tenant to fix the violation before ending the lease (735 Ill. Comp. Stat. § 5/9-210).

Self-help evictions: Illinois law prohibits landlords from evicting tenants without a court order. Landlords should never attempt a self-help eviction by changing the locks, removing the tenant’s belongings, or shutting off utilities (765 Ill. Comp. Stat. § 735).

Lease abandonment: Tenants who abandon a lease early without legal justification may be held responsible for unpaid rent and other amounts allowed under the lease. Illinois landlords should take reasonable steps to reduce losses by trying to re-rent the unit.

Ending an Illinois Lease Agreement

Month-to-month: Illinois landlords must provide 30 days’ notice to terminate a month-to-month lease (735 Ill. Comp. Stat. § 5/9-207).

Fixed-term: Tenants can end a fixed-term lease early only in certain situations, such as active military duty, domestic or sexual violence, landlord harassment, uninhabitable living conditions, or another legally protected reason (765 Ill. Comp. Stat. § 705).

Property abandonment: Illinois does not have a statewide statute governing abandoned property. However, Chicago requires landlords to store abandoned property on the premises for at least 7 days after the tenant leaves (MUN. CODE CH. 5-12-130 (g)).

Renewing a Lease Agreement

Required renewals: Illinois landlords do not have to allow tenants to renew their residential lease agreements upon expiration.

Required notice: Illinois landlords must generally provide 30 days’ written notice to terminate a month-to-month tenancy. For year-to-year tenancies, landlords generally must provide at least 60 days’ written notice before the end of the lease year, unless the lease states otherwise (735 Ill. Comp. Stat. § 5/9-205).