Illinois landlord-tenant laws.
Notable Illinois quirk
Two recent changes bite: since Jan. 1, 2024 the Security Deposit Return Act covers every residential landlord — the old 5-unit threshold was repealed (P.A. 103-224) — and eviction files in dismissed cases must be sealed under 735 ILCS 5/9-121(c) (as amended eff. Jan. 1, 2026), so they vanish from screening. Chicago's RLTO and suburban Cook County's RTLO layer far stricter local rules on top of thin state statutes.
Illinois landlord law FAQ
Is there a limit on security deposits in Illinois?
No Illinois statute caps the amount. Suburban Cook County's RTLO caps deposits at 1.5 months' rent (Cook County Code § 42-811), while Chicago's RLTO sets no cap but imposes strict receipt, separate-account, and interest rules (§§ 5-12-080, 5-12-081).
How long does a landlord have to return a security deposit in Illinois?
To withhold for damage, furnish an itemized statement with estimated or actual repair costs and paid receipts within 30 days of move-out (personal delivery, mail, or verified email); otherwise return the deposit in full within 45 days (765 ILCS 710/1). Since Jan. 1, 2024 this binds every residential landlord regardless of building size (P.A. 103-224), and noncompliance risks twice the deposit plus court costs and attorney's fees.
Do Illinois landlords owe interest on security deposits?
Under state law only in buildings of 25 or more units: deposits held more than 6 months earn interest at the passbook savings rate of the state's largest commercial bank, paid or credited within 30 days after each 12-month period once it reaches $5 (765 ILCS 715/1, 715/2); willful failure costs an amount equal to the deposit plus court costs and attorney's fees. Chicago separately requires interest on deposits and prepaid rent held over 6 months at a rate set annually by the City Comptroller (§ 5-12-081).
Is there a cap on late fees or a grace period for rent in Illinois?
State law has neither: no statutory late-fee cap and no grace period — the 5-day written demand for rent (735 ILCS 5/9-209) is a cure window before eviction, not a grace period. Chicago caps late fees at $10 per month plus 5% of the rent over $500 (§ 5-12-140(h)); suburban Cook County allows $10 plus 5% of the amount over $1,000 (§ 42-804).
Do Chicago landlords follow different rules than the rest of Illinois?
Sharply different: the RLTO requires 2 days' notice to enter (§ 5-12-050), deposit receipts, separate interest-bearing accounts and a two-times-deposit penalty (§§ 5-12-080, 5-12-081), the late-fee cap (§ 5-12-140(h)), 'Fair Notice' periods of 30/60/120 days to terminate, non-renew, or raise rent based on length of occupancy, and an ordinance summary attached to every lease (§ 5-12-170). Owner-occupied buildings of 6 or fewer units are exempt (§ 5-12-020).
How much can a landlord charge for late rent in Illinois?
No state cap; Chicago: $10/mo + 5% of rent over $500; suburban Cook County: $10 + 5% over $1,000. Grace period: None statutory — rent is due on the lease date; the 5-day nonpayment demand (735 ILCS 5/9-209) is a cure window, not a grace period. Late fee terms should always be written into the lease.
What is the security deposit limit in Illinois?
No state cap (suburban Cook County caps at 1.5 months; Chicago has no cap). The deposit must be returned within 45 days (itemized deduction statement within 30 days) after move-out.
How much notice does a landlord need to enter a rental in Illinois?
None statewide (Chicago and suburban Cook County: 2 days).
Is there rent control in Illinois?
Prohibited at local level.
Sources
Summarized from public statutes, state bar guides, and provincial residential tenancy acts. Last reviewed 2026-07-17. Deposit statute: 765 ILCS 710 (Security Deposit Return Act — all residential landlords since 1-1-2024); 765 ILCS 715 (Interest Act, 25+ units). Late fee statute: None statewide — 765 ILCS 705 is silent; Chicago Mun. Code § 5-12-140(h) and Cook County Code § 42-804 cap late fees locally.
- 765 ILCS 710 — Security Deposit Return Act
- 765 ILCS 715 — Security Deposit Interest Act
- 735 ILCS 5/9-207 (termination notice)
- Chicago DOH — RLTO Summary (official, Dec. 2023)
- Cook County — RTLO Summary (official)
This page is general information, not legal advice. Consult a local attorney for your specific situation.