Tenant Rights in Illinois

Security Deposits

• Maximum amountNo statewide statutory limit. Some local ordinances set limits (e.g., Chicago limits deposits to 1.5 months' rent).
• Return deadline30 days for the return of the deposit; 30 days for an itemized statement of deductions. Chicago requires return within 30 days with itemized statement.

Landlord may deduct for unpaid rent and damages beyond normal wear and tear. Must provide an itemized statement. Under Chicago's RLTO, failure to comply with deposit rules entitles the tenant to penalties.

Eviction Process

• Notice requirements5-day notice for nonpayment of rent. 10-day notice for lease violations. 30-day notice for termination of month-to-month tenancy.
• Judicial eviction requiredYes
• Estimated timeline3 to 6 weeks for uncontested cases. Cook County and Chicago may have longer timelines due to volume.

Rent Control

Illinois had a statewide rent control preemption law (Rent Control Preemption Act, 50 ILCS 825) from 1997. This was repealed in 2024, but as of this date no local jurisdiction has enacted rent control ordinances.

Repair and Habitability

• Repair and deductAllowed
• Rent withholdingAllowed
• Retaliation protectionYes

Lease Termination

• Month-to-month notice30 days' written notice by either party.

Tenant may be liable for remaining rent. Landlord must make reasonable efforts to mitigate damages. Military members may terminate under the SCRA. Victims of domestic or sexual violence may terminate with proper documentation under 765 ILCS 750.

Key Statutes

• Illinois Landlord and Tenant Act: 765 ILCS 705
• Security Deposit Return Act: 765 ILCS 710
• Security Deposit Interest Act: 765 ILCS 715
• Safe Homes Act: 765 ILCS 750
• Retaliatory Eviction Act: 765 ILCS 720

When to Get Legal Help

• You're facing eviction, especially with short notice
• Your landlord is withholding a large security deposit
• You believe you're being discriminated against
• Your unit has serious habitability issues the landlord refuses to fix

Find free legal aid in Illinois

Frequently Asked Questions

• Is there a security deposit limit in Illinois?

  Illinois has no statewide limit on security deposits. However, the City of Chicago limits deposits to 1.5 months' rent under its Residential Landlord and Tenant Ordinance (RLTO) and requires landlords to pay interest on deposits.

• Can I withhold rent for repairs in Illinois?

  Yes. Illinois tenants may withhold rent if the landlord fails to maintain habitable conditions after receiving notice. In Chicago, the RLTO provides additional specific remedies including repair-and-deduct up to $500 or half a month's rent.

• Does Illinois have rent control?

  No. Although Illinois repealed its rent control preemption law in 2024, no statewide or local rent control has been enacted as of this date.

• What notice is required for eviction in Illinois?

  A 5-day notice is required for nonpayment of rent. A 10-day notice is required for lease violations. Month-to-month tenancies require 30 days' notice. All evictions must go through the court system.

Sources

• Illinois Compiled Statutes - Property (765 ILCS)