Renter Rights & Landlord Laws Guide 2025: Illinois

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws change, and local ordinances (city/county) can vary significantly. Always consult with a qualified attorney or local housing authority for specific situations.

1. Overview: Tenant-Friendly vs. Landlord-Friendly

Illinois Classification: Moderate (Landlord Friendliness Score)

Illinois sits in the middle of the spectrum. While it has robust state-level protections for tenants—particularly regarding security deposits and eviction procedures—it does not enforce rent control. The balance favors landlords who follow strict procedures but offers tenants significant recourse if those procedures are violated.

For Renters: You have solid baseline protections, but you must be proactive in asserting them.
For Landlords: The state is not "wild west," but ignorance of the law (especially regarding security deposits and eviction notices) is costly.

2. Security Deposits

Illinois law (specifically the Security Deposit Return Act) is strict to protect tenants from losing their money unfairly.

Limits

No State Cap: Unlike some states, Illinois does not limit the amount a landlord can charge for a security deposit (unless a local ordinance, like in Chicago, applies).
Interest Required: For buildings with 25+ units, landlords must pay interest on security deposits held for more than 6 months. For smaller buildings, check local ordinances (Chicago requires interest regardless of building size).

Return Deadlines

Timeline: Landlords must return the deposit (or an itemized list of deductions) within 30 to 45 days after the tenant moves out and terminates the lease.
Deductions: Deductions are only allowed for:
1. Unpaid rent.
2. Damage beyond "normal wear and tear."
3. Cleaning costs (if the unit is left significantly dirtier than when moved in).
4. Other costs explicitly allowed by the lease (e.g., unpaid utility bills).

⚠️ Warning for Landlords: Failure to return the deposit within 45 days, or failing to provide an itemized statement of deductions, can result in the landlord owing double the deposit plus attorney fees.

3. Eviction Rules

Evictions in Illinois are judicial processes; landlords cannot "self-help" evict (e.g., changing locks or shutting off utilities).

The Process

Notice: The landlord must provide a written notice before filing a lawsuit.
Filing: If the tenant does not comply, the landlord files a complaint in the local court.
Hearing: A court hearing is scheduled.
Judgment & Writ: If the judge rules for the landlord, they must request a "Writ of Possession" from the court to have the Sheriff physically remove the tenant.

Notice Periods

Non-Payment of Rent: 5 Days.
- Note: This is a "5-Day Notice to Pay or Quit." The tenant has 5 days to pay the full rent or move out. If they do neither, the landlord can file for eviction on the 6th day.
Lease Violation (Non-Rent): 10 Days.
- Note: For breaches other than non-payment (e.g., unauthorized pets), the landlord typically must give a 10-day notice to cure the defect or vacate.
No Lease / Holdover: 30 Days.
- Note: For month-to-month tenants, a 30-day notice to vacate is generally required.

⚠️ Warning for Landlords: If you serve a 5-day notice for non-payment, the tenant can stop the eviction immediately by paying the full rent (plus court costs and late fees allowed by the lease) within the 5-day window.

4. Landlord Entry

Illinois state law is silent on a specific notice period for landlord entry. However, the common law standard of "reasonable notice" applies.

The Standard: 24 Hours.
Exceptions: Immediate entry is generally permitted in case of emergency (fire, flood, imminent danger).
Consent: If the lease explicitly states a different notice period (e.g., 12 hours), it may be enforceable, provided it is not considered a violation of the tenant's "right to quiet enjoyment."

⚠️ Warning for Renters: If a landlord enters without notice or for non-emergency reasons, you may have grounds for a constructive eviction claim or lease termination. Document every entry.

5. Rent Control

Statewide Status: None.
Major Cities (Chicago, Aurora, Rockford): Illinois has a state preemption law that prohibits municipalities from enacting rent control. While there is occasional political discussion regarding this, as of 2025, no rent control measures are in effect in Illinois.

Implication: Landlords have the right to raise rent between tenants (or during lease renewals) by any amount the market will bear, provided they give proper notice (typically 30 days for month-to-month tenancies).

6. Special Warning for Landlords

Subject: The "Strict Procedure" Trap

Illinois is "Moderate," but it punishes procedural errors heavily.

Retaliation is Illegal: If a tenant complains to a code enforcement agency, you cannot evict, increase rent, or decrease services within 6 months of that complaint. The burden of proof shifts to you to prove the eviction is not retaliatory.
Lockouts are Criminal: Changing locks to keep a tenant out before a court order is a criminal trespassing charge in Illinois. You must go through the court system every time.
Discrimination: Fair Housing laws are strictly enforced. Ensure your screening criteria are consistent and documented to avoid claims of discrimination based on race, religion, familial status, disability, etc.

Risk Summary: Follow the timeline perfectly. If you miss the 45-day security deposit window by one day, you risk paying double. If you file for eviction without a proper 5-day notice, your case will be dismissed, and you will waste time and money.

7. Special Warning for Tenants

Subject: The "Proactive Protection" Requirement

While Illinois offers protections, the burden is often on you to document and assert them.

The Move-In/Move-Out Checklist: Illinois law requires landlords to provide a checklist for the condition of the unit upon move-in. Do not skip this. Take date-stamped photos of every room, scratch, and stain. This is your only defense against wrongful security deposit deductions.
Withholding Rent is Dangerous: You generally cannot withhold rent for repairs in Illinois unless you follow a specific escrow process (usually through a court or local housing authority). Doing so arbitrarily can get you evicted for non-payment. Use "Repair and Deduct" options only if the statute explicitly allows it in your jurisdiction (Chicago has specific repair provisions).
Lease Ambiguity: If your lease is silent on a specific issue (like entry notice), the "reasonable" standard applies. However, written communication is always better. If a landlord enters without notice, send a written letter (certified mail) requesting 24-hour notice as required by standard Illinois practice.

Risk Summary: Never rely on verbal agreements. Document everything. If you receive a 5-day notice, you have very little time to act—seek legal aid immediately if you believe it is unjust.

Not legal advice. Consult an attorney.