Know Your Tenant Rights - Guides & Resources for Illinois

Illinois Landlord-Tenant FAQs

1. How long does a landlord have to return a security deposit in Illinois?

Quick Answer: Your landlord must return your security deposit within 45 days after you move out. If they take money out for damages, they must send you a list of what they deducted within 30 days.

Timeline for Security Deposit Returns

Most landlords in Illinois must follow these rules:

If nothing is being taken out:

  • 45 days to return your full deposit

If money is being taken out:

  • 30 days to send you a detailed list with receipts

  • Must explain what each charge is for

  • Must include proof of repair costs

Different Rules in Some Illinois Cities

Some cities have their own deadlines:

Chicago

  • 45 days to return deposit

  • 30 days to provide itemized list if taking deductions

Suburban Cook County

  • 30 days to return deposit

Evanston

  • 21 days to return deposit (buildings with 4 or more units)

Oak Park, Urbana, DeKalb, Mount Prospect

  • 45 days to return deposit

What Happens If Your Landlord Is Late

If your landlord does not return your money on time or provide a proper list, you can take them to court. They may have to pay you:

  • Up to twice your deposit amount

  • Court costs

  • Your attorney fees

Important 2024 Update

Starting January 1, 2024, these rules now apply to all rental properties in Illinois. Before this date, only buildings with 5 or more units had to follow these rules.

Legal References:

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2. What can a landlord legally deduct from a tenant's security deposit in Illinois?

Quick Answer: Landlords can only take money from your deposit for unpaid rent, damage you caused beyond normal wear and tear, unpaid utility bills, and other charges listed in your lease. They cannot charge you for normal aging or everyday wear.

What Landlords Can Legally Deduct

Your landlord can take money out for:

  1. Rent you did not pay

  2. Damage beyond normal wear and tear

  3. Utility bills you owe (if you were responsible for paying them)

  4. Breaking lease rules

  5. Other specific costs written in your lease

What Is Normal Wear and Tear

Landlords cannot charge you for these things:

  • Small scuff marks on walls

  • Carpets that look worn from regular use

  • Paint that has faded over time

  • Minor scratches on floors

  • Small nail holes from hanging pictures

  • Appliances that stopped working from normal use

What Counts as Damage

Landlords can charge you for:

  • Large holes in walls

  • Broken windows or doors

  • Carpet stains that will not come out

  • Burns or cuts in flooring

  • Broken appliances from misuse

  • Pet damage (if pets were not allowed)

Special Chicago Rules

If you rent in Chicago, the rules are stricter. Landlords can only deduct for:

  • Unpaid rent

  • Damage (not including normal wear and tear)

They cannot deduct for other things like cleaning fees unless the apartment is extremely dirty.

Documentation Requirements

When your landlord takes money from your deposit, they must give you:

  1. An itemized list within 30 days

  2. Receipts or invoices for all repairs

  3. Photos or other proof of damage (recommended)

If they give you estimates instead of final receipts, they must send actual receipts within 30 days.

Example Scenario

What you can be charged for: You had a party and someone punched a hole in the wall. Your landlord can charge you to fix this.

What you cannot be charged for: You lived in the apartment for 3 years. The carpet looks worn but has no stains. Your landlord cannot charge you for replacing the carpet.

Legal References:

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3. What types of eviction notices can landlords use in Illinois?

Quick Answer: Illinois landlords must use different types of notices depending on why they want you to leave. The most common are 5-day notices for unpaid rent, 10-day notices for breaking lease rules, and 30-day notices to end month-to-month leases.

Five Types of Eviction Notices in Illinois

1. Five-Day Notice to Pay Rent or Quit

When it is used:

  • You did not pay rent on time

What it means:

  • You have 5 days to pay all the rent you owe

  • If you pay the full amount within 5 days, your landlord must accept it

  • The eviction process stops if you pay on time

Special rule for Evanston:

  • Landlords must give you 10 days instead of 5 days

2. Ten-Day Notice to Quit for Lease Violations

When it is used:

  • You broke a rule in your lease

  • Examples: having pets when not allowed, making too much noise, damaging property

What it means:

  • You have 10 days to fix the problem or move out

  • In Chicago and suburban Cook County, you can fix most problems to avoid eviction

  • Criminal conduct cannot be fixed

3. Five-Day Unconditional Quit Notice

When it is used:

  • Illegal drug activity

  • Selling drugs

  • Other serious criminal activity

What it means:

  • You have 5 days to move out

  • You cannot fix the problem

  • No chance to stay

4. Thirty-Day Notice to Terminate

When it is used:

  • You have a month-to-month lease

  • Your landlord wants to end your lease for any reason (or no reason)

What it means:

  • Your landlord must give you 30 days notice

  • Notice must be given before your next rent payment is due

  • You do not have to do anything wrong to receive this notice

5. Sixty-Day Notice to Terminate

When it is used:

  • You have a year-to-year lease

  • Your landlord does not want to renew

What it means:

  • Your landlord must give you 60 days notice

  • Notice must be given before your lease ends

Special Chicago Notice Requirements

If you live in Chicago, your landlord must give you:

Based on how long you have lived there:

  • Less than 6 months: 30 days notice

  • 6 months to 3 years: 60 days notice

  • More than 3 years: 120 days notice

What Every Notice Must Include

All eviction notices must have:

  1. Your address

  2. The reason for eviction

  3. How many days you have

  4. When your lease will end

Legal References:

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4. How does the eviction process work in Illinois?

Quick Answer: The eviction process has six steps: written notice, court filing, serving you papers, a court hearing, a judge's decision, and removal by the sheriff if you lose. The entire process usually takes several weeks to several months.

Step-by-Step Illinois Eviction Process

Step 1: Written Notice

Your landlord must give you a written notice first. They cannot skip this step.

What the notice must say:

  • Why they want to evict you

  • How many days you have to respond

  • When your lease will end if you do not fix the problem

Step 2: File a Lawsuit

If you do not move out or fix the problem, your landlord can file a lawsuit. This is called a Forcible Entry and Detainer lawsuit.

Your landlord must:

  • Wait until the notice period is over

  • File papers with the circuit court in your county

  • Pay a filing fee

Step 3: You Get Served Papers

Someone must deliver court papers to you. This can be:

  • A sheriff

  • A professional process server

  • Any adult over 18 years old

How much time before court:

  • In Cook County: 7 days

  • Other counties: 3 days

Step 4: Court Hearing

You have the right to go to court. You should always go even if you think you will lose.

At the hearing you can:

  • Tell your side of the story

  • Show evidence (photos, receipts, texts from your landlord)

  • Bring witnesses

  • Ask questions

  • Have a lawyer (you must pay for this yourself)

Your landlord must prove:

  • They followed all the rules

  • They have a legal reason to evict you

  • All their paperwork is correct

Step 5: The Judge Decides

After hearing both sides, the judge will make a decision.

If you win:

  • You can stay in your home

  • The eviction case is dismissed

If your landlord wins:

  • The judge will give you time to move out (usually a few days to a few weeks)

  • You will get an Order of Possession

Step 6: Removal by Sheriff

If you do not move out by the date the judge ordered, your landlord can ask the sheriff to remove you.

Important rules:

  • Only the sheriff can physically remove you

  • Your landlord cannot lock you out

  • Your landlord cannot shut off your utilities

  • Your landlord cannot throw your belongings away

Special Protections in Some Areas

Chicago:

  • You get one chance to pay all rent owed (plus court fees) to stop the eviction

  • This right stops after the first time you use it

Suburban Cook County:

  • Similar one-time "pay and stay" right

  • Does not apply to small buildings (6 units or less owned by the landlord who lives there)

Defenses You Can Use in Court

You might be able to stop an eviction if:

  1. You paid the rent during the 5-day notice period

  2. Your landlord is retaliating against you for complaining to the city

  3. Your landlord did not fix serious problems after you told them

  4. Your landlord did not follow the correct legal steps

  5. The notice had wrong information

How Long Does Eviction Take

The timeline varies:

  • Simple cases: 3 to 6 weeks

  • Complicated cases: 2 to 6 months

  • Cases with appeals: Even longer

Factors that affect timing:

  • Court schedule

  • Whether you contest the eviction

  • Holidays and court closures

  • How busy the court is

What Happens to Your Belongings

If you leave items behind, your landlord must:

  • Try to contact you

  • Give you reasonable time to get your things

  • Follow state law before disposing of property

Legal References:

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5. Can tenants break a lease early without paying a penalty in Illinois?

Quick Answer: Yes, you can legally break your lease without penalty in certain situations like military service, domestic violence, or if your rental is unsafe. Even without these reasons, your landlord must try to find a new tenant to reduce what you owe.

Legal Reasons to Break Your Lease

1. Active Military Service

You can break your lease if you join the military or get deployment orders.

Requirements:

  • You signed the lease before entering active duty

  • You will be on duty for at least 90 days

  • You give written notice to your landlord

  • You provide a copy of your military orders

When your lease ends:

  • 30 days after the next time rent is due

Legal protection:

  • Federal law (Servicemembers Civil Relief Act)

  • Your landlord cannot charge you a penalty

2. Domestic Violence or Sexual Assault

You can break your lease if you or someone in your household is a victim of:

  • Domestic violence

  • Sexual assault

  • Stalking

Requirements:

  • Give written notice within 3 days of leaving (can be before or after you leave)

  • You may provide proof like a police report or court order (but you do not have to)

Your rights:

  • No penalty

  • Your landlord cannot keep your security deposit for this reason

  • Your landlord must keep this information private

3. Unsafe or Unlivable Conditions

You can break your lease if your home has serious problems that make it unsafe.

Examples of serious problems:

  • No heat in winter

  • No running water

  • Sewage backup or flooding

  • Dangerous electrical problems

  • Severe mold affecting your health

  • Broken doors or locks that cannot be secured

Important steps:

  1. Tell your landlord about the problem in writing

  2. Give your landlord reasonable time to fix it

  3. If they do not fix it, you may be able to leave

What is not serious enough:

  • Minor repairs

  • Cosmetic issues

  • Things that are annoying but not dangerous

4. Landlord Harassment

You can break your lease if your landlord:

  • Enters your home without notice repeatedly

  • Shuts off your utilities

  • Removes your belongings

  • Changes your locks

  • Threatens you

  • Deliberately damages your property

5. Other Legal Reasons

Court-ordered relocation:

  • You have a protective order requiring you to move

Property condemned:

  • The city declares your building unsafe

Natural disaster:

  • Fire, flood, or tornado makes your home unlivable

6. Early Termination Clause in Lease

Check your lease for an early termination clause. This lets you break your lease if you:

  • Give proper notice (usually 30 to 60 days)

  • Pay a fee (usually equal to 2 months rent)

Even Without a Legal Reason: Landlord Must Reduce Damages

Illinois law requires your landlord to try to find a new tenant if you break your lease.

What this means for you:

  • You only owe rent until a new tenant moves in

  • You do not owe rent for the entire remaining lease

  • Your landlord must advertise the apartment

  • Your landlord must show the apartment to potential renters

Example: You have 6 months left on your lease at 1,000 dollars per month. You move out early. Your landlord finds a new tenant after 2 months. You only owe 2,000 dollars, not 6,000 dollars.

What You Might Owe If You Break Your Lease

Without a legal reason, you might have to pay:

  • Rent until a new tenant moves in

  • Advertising costs to find a new tenant

  • Any early termination fee in your lease

  • You might lose part or all of your security deposit

What Your Landlord Cannot Do

Your landlord cannot:

  • Charge you for the entire remaining lease if they can find a new tenant

  • Refuse to look for a new tenant

  • Charge unreasonable fees

  • Keep your deposit without providing an itemized list

Steps to Break Your Lease Properly

  1. Read your lease carefully

  2. Look for an early termination clause

  3. Talk to your landlord

  4. Put everything in writing

  5. Give as much notice as possible

  6. Offer to help find a new tenant

  7. Take photos when you move out

  8. Leave the apartment clean

  9. Return all keys

  10. Keep copies of everything

Legal References:

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6. Are there limits on rent increases in Illinois?

Quick Answer: No, Illinois has no rent control. Your landlord can raise your rent by any amount they want. However, they cannot raise it during your lease term, and they must give you proper notice before increasing rent.

Illinois Has No Rent Control

In 1997, Illinois passed a law called the Rent Control Preemption Act. This law says:

  • The state cannot create rent control laws

  • Cities and counties cannot create rent control laws

  • Landlords can set any rent amount they want

What This Means for Tenants

Your landlord can:

  • Raise rent by any percentage

  • Raise rent by any dollar amount

  • Charge market rates

  • Not give you a reason for the increase

Your landlord cannot:

  • Raise rent during a fixed-term lease (unless your lease says they can)

  • Raise rent without proper notice

  • Raise rent to retaliate against you

  • Raise rent to discriminate against you

When Can My Landlord Raise Rent

If you have a fixed-term lease:

  • Your landlord cannot raise rent until your lease ends

  • The rent stays the same for 6 months, 1 year, or however long your lease is

  • They can raise it when you renew

If you have a month-to-month lease:

  • Your landlord can raise rent once per year

  • They must give you proper notice first

Notice Requirements for Rent Increases

Most of Illinois:

  • No specific state law about how much notice is required

  • 30 days is common practice

Chicago has specific rules:

  • Leases under 6 months: 30 days notice

  • Leases 6 months to 3 years: 60 days notice

  • Leases over 3 years: 120 days notice

When Rent Increases Are Illegal

Your landlord cannot raise your rent because:

Retaliation:

  • You complained to the city about problems

  • You called a building inspector

  • You joined a tenant organization

  • You asked for repairs

  • You exercised your legal rights

Discrimination: You cannot be charged more because of your:

  • Race

  • Religion

  • National origin

  • Gender

  • Disability

  • Family status (having children)

  • Age

  • Military status

  • Source of income

What to Do If You Get a Rent Increase Notice

  1. Check when your lease ends

  2. Calculate if you can afford the new rent

  3. Look at other apartments to compare prices

  4. Decide if you want to negotiate

  5. Talk to your landlord about your concerns

  6. Get any agreements in writing

  7. Decide whether to renew or move

Can You Negotiate a Rent Increase

Yes, you can try to negotiate. Your landlord might agree to:

  • A smaller increase

  • Keep rent the same if you sign a longer lease

  • Delay the increase for a few months

Example Scenarios

Scenario 1: During your lease You signed a 1-year lease in January for 1,000 dollars per month. In June, your landlord wants to raise it to 1,200 dollars. This is not allowed. Your rent stays 1,000 dollars until January.

Scenario 2: Month-to-month lease You rent month-to-month for 1,000 dollars. Your landlord can raise it to 1,200 dollars with proper notice. In Chicago, they must give you 30 days notice.

Scenario 3: Lease renewal Your 1-year lease ends next month. Your landlord offers a new lease at 1,500 dollars instead of 1,200 dollars. This is a 25 percent increase. It is legal, but you can choose not to renew.

Are There Any Proposals to Change This?

Some Illinois lawmakers have tried to pass rent control laws. As of 2025, none have passed. The current law remains: no rent control in Illinois.

Where to Get Help

If you think your rent increase is:

  • Retaliatory

  • Discriminatory

  • Against your lease terms

Contact:

Legal References:

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Free Security Deposit Guide
Illinois-tenant-rights-capitol

Government Resources

  1. Illinois Attorney General - Tenant Rights https://illinoisattorneygeneral.gov/Page-Attachments/LandlordAndTenantRightsLaws.pdf
    Official Illinois Attorney General resource covering tenant rights, security deposits, lease agreements, repairs and maintenance, and illegal landlord practices. Essential reading for understanding your legal protections under Illinois state law.

  2. Chicago Department of Housing - Tenant Rights https://www.chicago.gov/city/en/depts/doh/provdrs/renters.html
    Official City of Chicago resource for renters within city limits. Covers Chicago's unique tenant protections including the Residential Landlord and Tenant Ordinance (RLTO), security deposit interest requirements, and how to file complaints about housing violations.

  3. Illinois Department of Human Rights - Housing Discrimination https://dhr.illinois.gov/filing-a-charge/housing.html
    State agency resource explaining fair housing laws and protections against discrimination in rental housing. Learn how to recognize illegal discrimination and file complaints if you've experienced housing discrimination based on protected characteristics.

Nonprofit & Advocacy

  1. Lawyers' Committee for Better Housing (LCBH)
    https://lcbh.org
    Chicago-based nonprofit legal aid organization providing free legal services to low-income tenants facing eviction, substandard housing conditions, and housing discrimination. Offers direct representation, know-your-rights workshops, and a tenant hotline for immediate assistance.

  2. Metropolitan Tenants Organization
    https://www.tenants-rights.org
    Statewide tenant advocacy organization educating renters about their rights under Illinois law. Provides a tenant rights hotline, publishes comprehensive guides on security deposits and evictions, and advocates for stronger tenant protection policies across Illinois.

  3. Shriver Center on Poverty Law https://www.povertylaw.org/issues/housing/
    Illinois-based advocacy organization fighting for housing justice through policy reform and litigation. Offers resources on eviction prevention, subsidized housing rights, and works to address systemic barriers that low-income tenants face in securing safe and affordable housing.

  4. Housing Action Illinois
    https://housingactionil.org
    Statewide coalition advocating for affordable housing policies and tenant protections. Provides educational resources on fair housing, connects renters with local housing counseling agencies, and mobilizes communities to address housing affordability and displacement issues throughout Illinois.

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