
Illinois (IL) law guide
Quick answer
Illinois has no statewide security deposit cap, but landlords must return deposits within 30 days (with an itemized deduction list) or 45 days if no deductions are taken. There is no statewide rent control, and Illinois law preempts cities from enacting it outside of Chicago's own ordinance. To start a nonpayment eviction, landlords must give tenants a 5-day written notice to pay or quit.
Security deposit limit
No statewide cap
Deposit return deadline
30 days (with deductions) or 45 days (no deductions)
Statewide rent control
None, preempted by state law
Nonpayment eviction notice
5-day pay-or-quit notice
Illinois rental market snapshot
Population
12.6 million
Renter households
~33%
Median rent
$1,175/mo (2BR statewide FMR); Chicago avg. $2,674/mo
Largest rental markets
Chicago, Aurora, Rockford, Joliet, Springfield
Chicago dominates the rental market, commanding rents more than double the statewide median and operating under its own stricter Residential Landlord and Tenant Ordinance (RLTO). Downstate metros like Rockford and Springfield are significantly more affordable.
Illinois sets no statewide cap on security deposits, so landlords can charge any amount they and the tenant agree to. Chicago is the notable exception: the Chicago RLTO does not cap deposits either, but it does require landlords to hold deposits in a federally insured interest-bearing account and pay annual interest to the tenant.
If deductions are made, landlords must return the remaining deposit plus an itemized written statement of deductions within 30 days after the tenant vacates. If no deductions are taken, the deadline extends to 45 days. Failing to comply can cost the landlord twice the wrongfully withheld amount plus attorney fees.
Illinois has no statewide rent control, and state law largely preempts local rent control ordinances, so landlords can raise rent by any amount with proper notice. Month-to-month tenants must receive 30 days' written notice before a rent increase; lease tenants are protected from increases until their lease term ends.
Illinois has no statewide law capping late fees, but fees must be reasonable and disclosed in the lease. There is no mandatory grace period under state law, though many leases build in 5 days. Chicago's RLTO provides stronger tenant protections including limits on late fees.
For nonpayment of rent, a landlord must first serve a 5-day pay-or-quit notice. If the tenant pays in full within 5 days, the eviction stops. If not, the landlord can file in court. For lease violations other than nonpayment, the notice period is 10 days to cure or vacate.
Illinois has no right to a jury trial for eviction hearings unless the tenant requests one. The full eviction process, from notice to court order to physical removal, typically takes 3 to 8 weeks depending on the county and case complexity.
Illinois has no statewide statute specifying a minimum notice period before landlord entry. Courts generally treat 24 hours as reasonable notice for non-emergency repairs or inspections. Chicago and suburban Cook County require 2 days' written notice under their local ordinances, and entry must occur between 8 AM and 8 PM.
After a tenant provides written notice of a needed repair, the landlord has 14 days to fix it. If the landlord fails to act, the tenant may hire a repair professional and deduct the cost from rent, up to the lesser of $500 or one-half of one month's rent (statewide). Emergency conditions have no notice requirement on either side.
Illinois landlords must maintain all rental units in a habitable condition, meaning working heat, plumbing, electrical systems, and structural safety. Tenants who report code violations or exercise their legal rights are protected from retaliation. A landlord who retaliates within 12 months of a protected tenant action is presumed to have violated the law.
If a landlord retaliates, the tenant can recover 2 months' rent or 2 times the actual damages, whichever is greater, plus attorney fees. Tenants can also terminate the lease without penalty if the landlord willfully fails to maintain habitability after proper notice.
Illinois follows all federal Fair Housing Act protections, prohibiting discrimination based on race, color, religion, sex, national origin, disability, and familial status. Illinois state law adds source of income as a protected class, meaning landlords cannot reject applicants solely because they use housing vouchers.
To break a lease early, a tenant generally needs a legally recognized reason such as uninhabitable conditions, active military deployment, or domestic violence. Illinois landlords have a duty to mitigate damages by trying to re-rent the unit. Small claims court handles disputes up to $10,000 in Illinois.
This guide is general information, not legal advice. Governing statute: 765 ILCS 710 / 720 (Security Deposit Acts); 735 ILCS 5/9-201 (Eviction). Laws change; confirm the current statute or consult an attorney before acting. Last reviewed 2026-06-05.
Illinois FAQ
If the landlord takes deductions, they must return the remaining deposit along with an itemized statement within **30 days** of the tenant moving out. If no deductions are taken, the deadline is **45 days**. Missing either deadline can cost the landlord up to twice the withheld amount plus attorney fees.
No. Illinois has **no statewide cap** on security deposit amounts. Landlords and tenants negotiate the amount, though it is typically one to two months' rent. Chicago's RLTO does not cap the deposit either but does require landlords to hold it in an interest-bearing bank account.
Yes, because **Illinois has no statewide rent control**. For month-to-month leases, landlords must give **30 days' written notice** before a rent increase. For fixed-term leases, rent cannot be raised until the lease ends, unless the lease specifically allows mid-term increases.
Illinois has no statewide statute on this, but **24 hours** is the generally accepted reasonable notice period for non-emergency entry. In Chicago and suburban Cook County, local ordinances require **2 days' advance notice**, and entry must be between 8 AM and 8 PM. For emergencies, no notice is required.
The process starts with a written notice: **5 days** for nonpayment or **10 days** for a lease violation. After that, the landlord files in court. From notice to final removal, most Illinois evictions take **3 to 8 weeks**, though contested cases in busy courts like Cook County can take longer.
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