Illinois Tenant Rights

The Chicago RLTO establishes specific notice requirements for evictions that provide important procedural protections for tenants. For nonpayment of rent, the landlord must provide a minimum 5-day written notice before filing an eviction lawsuit, clearly stating the amount of rent owed and providing the tenant with the opportunity to pay within that period. For lease violations other than nonpayment, the landlord must give a 10-day notice specifying the nature of the violation and allowing the tenant time to cure the breach. For tenancies that are month-to-month, either party must give at least 30 days' written notice before the end of a rental period to terminate. The RLTO also requires that all eviction notices comply with specific formatting and delivery requirements, and landlords are prohibited from engaging in 'self-help' evictions such as changing locks, removing doors or windows, shutting off utilities, or removing a tenant's personal property. A landlord who engages in such lockout or utility shutoff conduct is liable for damages and the tenant's attorney's fees. Only a court-ordered eviction carried out by the sheriff is lawful in Chicago.

Illinois law requires landlords to give specific notice before filing an eviction lawsuit. For nonpayment of rent, the landlord must serve a five-day written notice demanding payment of the overdue rent. If the tenant pays the full amount within five days, the landlord cannot proceed with eviction. For lease violations other than nonpayment, the landlord must serve a 10-day notice specifying the violation and demanding that the tenant cure it or vacate. For month-to-month tenancies being terminated without cause, 30 days' written notice is required. For yearly tenancies, 60 days' notice is required. The notice must be in writing and can be served personally, by leaving it with a person of suitable age at the residence, or by sending it by certified or registered mail. If the landlord does not provide proper notice, the eviction case can be dismissed by the court.

The Illinois Security Deposit Return Act requires landlords to return security deposits within 30 days after the tenant moves out if no deductions are made, or within 30 days with an itemized statement of damages if deductions are taken. If the landlord fails to comply, they may forfeit the right to withhold any part of the deposit and may be required to pay the tenant up to twice the security deposit amount. The landlord must provide a written itemized statement listing the specific damages and the estimated or actual cost of repair for each item. Deductions are only allowed for unpaid rent and for damages beyond normal wear and tear. The landlord cannot deduct for conditions that existed before the tenant moved in. If the property has 25 or more units, the landlord must pay interest on the deposit each year. The interest rate is set annually based on the rate paid by the largest commercial bank in Illinois.

Illinois landlords who own properties with 25 or more units must pay interest on security deposits annually. The interest rate is determined each year by the Illinois Secretary of State based on the rate paid on passbook savings accounts by the largest commercial bank in the state. The landlord must pay the interest to the tenant within 30 days after the end of each 12-month rental period by cash or credit toward rent. If the landlord fails to pay the required interest, the tenant may deduct the interest from rent. This interest requirement is a mandatory provision and cannot be waived in the lease. The Act applies to all residential properties with 25 or more units, including apartment complexes and large multi-family buildings. Landlords of properties with fewer than 25 units are not required by state law to pay interest on security deposits, although some local ordinances may impose this requirement.

The Illinois Residential Tenants' Right to Repair Act allows tenants to make minor repairs and deduct the cost from rent when the landlord fails to act. If a condition in your rental unit violates the municipal building code and affects your health and safety, and the landlord has not corrected the problem within 14 days of receiving written notice, you may have the repair done yourself and deduct the cost from your rent. The cost of the repair must not exceed $500 or half the monthly rent, whichever is less. You must use a licensed or competent contractor and provide receipts to the landlord. Before using this remedy, the condition must not have been caused by you or your household members. You must be current on rent payments. This is a limited remedy intended for minor repairs, not major structural issues. The landlord cannot retaliate against you for using this right.

Chicago's RLTO provides tenants with multiple self-help remedies when a landlord fails to maintain the premises in compliance with the building code or the lease. If a condition materially affects health and safety and the landlord does not correct it within 14 days of receiving written notice (or a shorter time if the condition is urgent), the tenant has several options. First, the tenant may have the repairs made themselves and deduct the cost from rent, up to the greater of $500 or one-half the monthly rent. Second, the tenant may withhold from rent an amount reasonably reflecting the reduced value of the premises due to the defective condition. Third, if the condition renders the premises not reasonably fit for their intended use, the tenant may terminate the lease by giving written notice and vacating within 30 days. The tenant's right to these remedies cannot be waived in the lease. However, the tenant must not have caused the condition, and the tenant must be current on rent (or the nonpayment must be related to the landlord's failure to maintain). These provisions give Chicago tenants practical tools to ensure their homes are habitable without having to rely solely on government enforcement or court action.

Illinois enacted the Rent Increase Disclosure Act (effective January 2025) to give tenants advance notice of significant rent increases. Under this law, landlords of buildings with five or more residential units must provide at least 120 days' written notice before imposing a rent increase of 5% or more. This applies to lease renewals and to month-to-month tenancies where the landlord wants to raise the rent substantially. The notice must be in writing and must state the amount of the proposed increase. Illinois does not have a statewide rent cap — there is no limit on how much a landlord can raise your rent. In fact, the Illinois Rent Control Preemption Act (50 ILCS 825) prohibits municipalities from enacting rent control ordinances, though this preemption was modified to allow local governments limited authority to study the issue. However, some localities — notably Chicago — have considered or enacted additional tenant protections. Even without a rent cap, the 120-day notice requirement gives tenants meaningful time to plan, negotiate, or find alternative housing if they cannot afford a large increase. During a fixed-term lease, a landlord cannot increase rent unless the lease specifically permits it. A rent increase that retaliates against a tenant for exercising legal rights is prohibited under the Retaliatory Eviction Act (765 ILCS 720/1).

The Illinois Landlord and Tenant Act establishes fundamental rights and obligations for both landlords and tenants in the state. The Act provides that leases may be oral or written, but leases for more than one year must be in writing to be enforceable under the statute of frauds. The Act establishes that a tenant has the right to possession and quiet enjoyment of the premises during the lease term. It requires landlords to maintain the premises in a habitable condition and to comply with applicable building and health codes. The Act also sets out the rules for when a lease can be terminated and what constitutes a breach. Key provisions include the prohibition on waiving statutory tenant protections in the lease, rules about how notices must be delivered, and the tenant's obligation to pay rent and not damage the property. Local municipalities in Illinois, particularly Chicago, may have additional tenant protections that go beyond the state Act.

The Chicago Residential Landlord and Tenant Ordinance mandates that every written lease include specific disclosures and attachments at the time of signing. Landlords must attach to the lease a copy of the RLTO summary provided by the City of Chicago, which outlines both landlord and tenant rights and obligations. The landlord must also provide a move-in/move-out checklist that documents the condition of the unit at the time the tenant takes possession, which the tenant may use to note any pre-existing damage. Additionally, the lease must include the name and address of the person authorized to manage the building and the name and address of the owner or person authorized to act on the owner's behalf for purposes of receiving notices and service of process. If the building has a code violation history, the landlord must disclose any pending building code violations that the city has cited. Failure to attach the required RLTO summary to the lease is itself a violation of the ordinance and entitles the tenant to recover damages. The ordinance also prohibits waiver of tenant rights, meaning any lease clause that attempts to waive a right established under the RLTO is void and unenforceable.

The Illinois Human Rights Act provides broad protections against housing discrimination. It is illegal for landlords, real estate agents, and property managers to discriminate in the sale, rental, or financing of housing based on race, color, religion, sex, national origin, ancestry, age (40 and over), marital status, familial status, disability, military status, sexual orientation, gender identity, or unfavorable military discharge status. Illinois offers more protected categories than federal fair housing law. Prohibited actions include refusing to rent, setting different terms, falsely denying availability, and retaliating against someone for filing a discrimination complaint. For tenants with disabilities, landlords must make reasonable accommodations in rules and policies and allow reasonable modifications to the premises. Source of income (such as housing vouchers) is also a protected category in Illinois. Complaints can be filed with the Illinois Department of Human Rights within one year of the discriminatory act.

The Illinois Retaliatory Eviction Act protects tenants from being evicted or penalized for exercising their legal rights. A landlord cannot terminate a tenancy, increase rent, or decrease services in retaliation for the tenant complaining to a government agency about building code violations, complaining to the landlord about needed repairs, or organizing or joining a tenant union. If the landlord takes adverse action within a year of the tenant exercising a protected right, the tenant may raise retaliation as a defense in an eviction action. The burden shifts to the landlord to show a legitimate, non-retaliatory reason for the action. If the court finds the eviction is retaliatory, the landlord cannot recover possession, and the tenant may be awarded costs and reasonable attorney's fees. This protection does not apply if the tenant is in violation of the lease or if the landlord can demonstrate a valid business reason unrelated to the tenant's protected activity.

The Chicago RLTO prohibits landlords from retaliating against tenants who exercise their legal rights. A landlord may not increase rent, decrease services, bring or threaten to bring an eviction action, or refuse to renew a lease in response to a tenant making a good-faith complaint about code violations to a government agency, complaining to the landlord about maintenance issues, exercising rights under the RLTO, organizing or joining a tenant organization, or testifying in any court or administrative proceeding related to housing conditions. If a landlord takes adverse action within one year of a tenant's protected activity, it is presumed to be retaliatory unless the landlord demonstrates by a preponderance of evidence that the action was for a legitimate, non-retaliatory reason. The one-year presumption period in Chicago is notably longer than the typical 6-month period found in many other jurisdictions. Tenants who successfully prove retaliation are entitled to recover actual damages, injunctive relief, and reasonable attorney's fees. The retaliatory conduct prohibition cannot be waived in the lease, and any lease provision purporting to waive this right is void.