Illinois Tenant Rights, FAQ’s, Resources & Guides

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FAQ

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

In Illinois, landlords with buildings of five or more units must return a tenant’s security deposit within 45 days after move-out.

If the landlord keeps part of the deposit, they must give the tenant a written list of damages and copies of receipts within 30 days. If they don’t, they must return the full deposit.

Landlords with 25 or more units must also pay interest on deposits held for more than six months. The state sets this interest rate each year.

2. What can an Illinois landlord take out of a tenant’s security deposit?

Landlords can only use the deposit for:

  • Unpaid rent

  • Damage beyond normal wear and tear (like broken windows, large holes)

  • Cleaning costs if the unit isn’t left clean

  • Replacement of lost items that belonged to the landlord (like keys)

They cannot charge for normal wear and tear such as faded paint, worn carpet, or small nail holes.

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3. What eviction notices do Illinois landlords use?

Different notices apply depending on the problem:

  • 5-day notice: For unpaid rent. If the tenant pays in full within five days, the eviction stops.

  • 10-day notice: For lease violations other than rent.

  • Holdover (staying after lease ends): A landlord can file for eviction without giving notice if the lease is over, unless a local law requires one.

Evictions must always go through court. Only the sheriff can remove a tenant. It is illegal for a landlord to change locks, shut off utilities, or take belongings without a court order.

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4. How does the eviction process work in Illinois?

The process has several steps:

  1. Notice: Landlord gives a 5-day notice (rent) or 10-day notice (lease violation).

  2. Court case: If the tenant does not fix the problem, the landlord files an eviction lawsuit.

  3. Hearing: The tenant can go to court and tell their side.

  4. Order of possession: If the landlord wins, the judge issues this order.

  5. Sheriff’s removal: Only the sheriff can enforce the eviction.

Landlords cannot lock tenants out or shut off services.

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

Usually, tenants are responsible for rent until the lease ends. But there are exceptions:

  • Military service: Active-duty members can end a lease under federal law.

  • Unsafe or unlivable housing: If the landlord doesn’t fix serious problems.

  • Domestic violence or stalking: Survivors can end a lease early with proper notice and proof.

Even in other cases, landlords must try to re-rent the unit to reduce what the tenant owes.

6. Are there limits on rent increases in Illinois?

Illinois has no statewide rent control. Landlords can raise rent as long as they give notice:

  • 7 days for week-to-week renters

  • 30 days for month-to-month renters

  • 60 days for year-to-year renters

If you have a fixed lease (like one year), rent cannot go up until the lease ends.

Some cities and counties, like Chicago and Cook County, have extra rules on notice and late fees, but they don’t set rent caps.

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Illinois Tenant Laws State Capital

Nonprofit & Advocacy

  1. Metropolitan Tenants Organization (MTO )
    https://www.tenants-rights.org/

  2. Legal Aid Chicago
    https://www.legalaidchicago.org/

  3. Chicago Residential Landlord Tenant Ordinance (RLTO ) - City of Chicago https://www.chicago.gov/city/en/depts/doh/provdrs/landlords/svcs/residential-landlord-and-tenant-ordinance.html

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