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.
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 710Governs landlord-tenant relationships statewide. Establishes habitability standards, security deposit rules, and prohibited lease clauses.
Chicago RLTO
Chicago Municipal Code §5-12Applies 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 5/9-201Governs the eviction process in Illinois courts. Establishes notice requirements, court procedures, and writ of possession rules.
Illinois Security Deposit Return Act
765 ILCS 710/1Requires landlords to return deposits within 30 days and provide itemized deduction statements within 45 days.
Illinois Security Deposit Interest Act
765 ILCS 710/2Applies to buildings with 25+ units. Requires landlords to pay interest on security deposits held more than 6 months.
Illinois Smoke Detector Act
425 ILCS 60Requires 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.
Notice Requirements for Illinois Landlords
| Situation | Notice Required | Applies To |
|---|---|---|
| Non-payment of rent | 5-Day Pay-or-Quit | All Illinois rentals |
| Lease violation (curable) | 10-Day Notice to Cure | All Illinois rentals |
| Lease violation (incurable) | 10-Day Notice to Vacate | All Illinois rentals |
| Month-to-month termination | 30-Day Notice | All Illinois rentals |
| Week-to-week termination | 7-Day Notice | All Illinois rentals |
| Non-renewal of annual lease | 30-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)
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.
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.
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.
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).
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.
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.
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.