Legal Guide · Updated 2026

Illinois Landlord Tenant Law: Complete 2026 Guide

Everything Illinois landlords need to know — security deposits, notice requirements, habitability standards, the Chicago RLTO, and the eviction process. Updated for 2026.

30 Days
Security Deposit Return
30 Days
Month-to-Month Notice
2 Days
Chicago Entry Notice
5 Days
Pay-or-Quit Notice

Illinois vs. Chicago: Two Different Legal Frameworks

Illinois landlords operate under two overlapping legal frameworks. Illinois state law (primarily 765 ILCS 710–735) applies to all rental properties statewide and establishes baseline rules for security deposits, habitability, and eviction. Chicago's Residential Landlord and Tenant Ordinance (RLTO) applies to most rental units within Chicago city limits and is significantly more protective of tenants than state law.

If your property is in Chicago, you must comply with both state law and the RLTO. If your property is in the suburbs — Naperville, Oak Park, Evanston, Schaumburg — you follow Illinois state law only (plus any applicable local ordinances).

Important: This guide provides general legal information, not legal advice. Laws change frequently. For specific situations, consult a licensed Illinois attorney or contact Altus Property Partners for professional property management guidance.

Key Illinois Landlord-Tenant Laws at a Glance

Illinois Landlord and Tenant Act

765 ILCS 710

Governs landlord-tenant relationships statewide. Establishes habitability standards, security deposit rules, and prohibited lease clauses.

Chicago RLTO

Chicago Municipal Code §5-12

Applies to most Chicago rentals. Adds security deposit interest, 2-day entry notice, enhanced habitability, and tenant remedies.

Illinois Forcible Entry and Detainer Act

735 ILCS 5/9-201

Governs the eviction process in Illinois courts. Establishes notice requirements, court procedures, and writ of possession rules.

Illinois Security Deposit Return Act

765 ILCS 710/1

Requires landlords to return deposits within 30 days and provide itemized deduction statements within 45 days.

Illinois Security Deposit Interest Act

765 ILCS 710/2

Applies to buildings with 25+ units. Requires landlords to pay interest on security deposits held more than 6 months.

Illinois Smoke Detector Act

425 ILCS 60

Requires working smoke detectors in all rental units. Landlords must install and maintain detectors.

Security Deposit Rules in Illinois

Illinois does not cap the amount a landlord may charge for a security deposit. However, strict rules govern how deposits must be handled and returned.

Return deadline: 30 days after the tenant vacates if no deductions are claimed. 45 days if the landlord provides an itemized written statement of deductions.
Itemized deductions: Must be in writing and delivered to the tenant's last known address or forwarding address. Receipts or invoices for repair costs must be attached.
Interest on deposits (25+ unit buildings): Under the Illinois Security Deposit Interest Act, landlords of buildings with 25 or more units must pay annual interest on deposits held more than 6 months.
Chicago RLTO — interest-bearing account: Chicago landlords must hold deposits in a federally insured interest-bearing account and disclose the bank name and account number to the tenant within 14 days of receiving the deposit.
Penalties for non-compliance: Chicago: landlord may owe double the deposit plus attorney fees. Statewide: landlord may forfeit the right to make deductions and owe the tenant the wrongfully withheld amount.

Notice Requirements for Illinois Landlords

SituationNotice RequiredApplies To
Non-payment of rent5-Day Pay-or-QuitAll Illinois rentals
Lease violation (curable)10-Day Notice to CureAll Illinois rentals
Lease violation (incurable)10-Day Notice to VacateAll Illinois rentals
Month-to-month termination30-Day NoticeAll Illinois rentals
Week-to-week termination7-Day NoticeAll Illinois rentals
Non-renewal of annual lease30-Day Notice (RLTO)Chicago only
Landlord entry (non-emergency)2 Days (RLTO)Chicago only
Landlord entry (non-emergency)Reasonable notice (~24 hrs)Outside Chicago

The Illinois Eviction Process (Step by Step)

1

Serve the Written Notice

Deliver the appropriate notice (5-day for non-payment, 10-day for violations, 30-day for month-to-month termination) to the tenant in person or by posting on the door and mailing.

2

Wait for the Notice Period to Expire

The tenant has the right to cure the violation or pay rent during the notice period. If they comply, the eviction process stops.

3

File an Eviction Complaint

If the tenant does not comply, file an eviction complaint (Forcible Entry and Detainer action) in the appropriate circuit court. In Cook County, this is filed at the Daley Center.

4

Attend the Court Hearing

Both parties appear before a judge. The landlord must prove the grounds for eviction. The tenant may raise defenses (habitability, retaliation, discrimination).

5

Obtain a Judgment for Possession

If the court rules in the landlord's favor, a judgment for possession is entered. The tenant typically has a short period to vacate voluntarily.

6

Request a Writ of Possession

If the tenant does not vacate, the landlord requests a writ of possession. The Cook County Sheriff's office schedules the lockout and physically removes the tenant.

Landlord Habitability Obligations in Illinois

Illinois landlords must maintain rental units in a habitable condition throughout the tenancy. Failure to do so gives tenants legal remedies including rent withholding, repair-and-deduct (Chicago only), and lease termination.

Working heat (minimum 68°F, Sept 15–June 1 in Chicago)
Functioning plumbing and hot water
Weatherproofing (windows, doors, roof)
Working smoke and carbon monoxide detectors
Freedom from pest infestations
Structurally sound floors, walls, and ceilings
Working electrical systems
Proper garbage disposal facilities
Working locks on all exterior doors and windows
Common areas maintained in safe condition

Frequently Asked Questions

Let Altus Handle Illinois Compliance for You

Staying current with Illinois landlord-tenant law and Chicago RLTO requirements is a full-time job. Altus Property Partners manages compliance, notices, and tenant relations for Chicago-area landlords and associations.

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