Illinois landlord and tenant rules

Seayora publishes 12 Illinois rules, covering security deposits, notice periods, evictions, rent regulation, fair housing, tenant protections, repairs, contractor sales tax. Every one is composed from the statute it cites and links to that statute on the state’s own code site.

Illinois at a glance

RuleIllinois
Does a landlord have to pay interest on a security deposit in Illinois?Interest required on buildings with 25+ units held 6+ months; Chicago RLTO applies its own rate.
How long does a landlord have to return a security deposit in Illinois?45 days
How many days does a tenant get to pay late rent in Illinois?5 days to pay
How much notice must a landlord give to end a tenancy in Illinois?30 days
Can a landlord change the locks to force a tenant out in Illinois?The Forcible Entry and Detainer Act makes self-help eviction unlawful; the tenant may recover possession and damages.
How long does a tenant have to respond to an eviction case in Illinois?The summons states the appearance date.
What are the steps to evict a tenant for unpaid rent in Illinois?Serve a 5-day notice for nonpayment of rent
Is there rent control in Illinois?Prohibited by state law
Can a landlord refuse a Section 8 voucher in Illinois?Protected: a landlord may not refuse one
Can a landlord retaliate against a tenant for complaining in Illinois?Presumed within 1 year
Can a tenant repair and deduct from rent in Illinois?Up to $500 or half a month’s rent, whichever is less
Do contractors charge sales tax in Illinois?Consumer of materials

Security deposits in Illinois

Does a landlord have to pay interest on a security deposit in Illinois?

Yes. Illinois requires a landlord to pay the tenant interest on a security deposit. Interest required on buildings with 25+ units held 6+ months; Chicago RLTO applies its own rate. The deposit itself must be returned within 45 days of the end of the tenancy. This is 765 ILCS 710/1; 765 ILCS 715/1.

Full answer and the checkable figures.

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

In Illinois, a landlord has 45 days after the tenancy ends to return the security deposit, together with an itemised statement of any deductions. 30 days to deliver the itemized statement, 45 days to return the balance (buildings with 5+ units). Illinois also requires interest to be paid on the deposit: Interest required on buildings with 25+ units held 6+ months; Chicago RLTO applies its own rate. This is 765 ILCS 710/1; 765 ILCS 715/1.

Full answer and the checkable figures.

Notice periods in Illinois

How many days does a tenant get to pay late rent in Illinois?

In Illinois, before starting a nonpayment case a landlord must serve a written notice giving the tenant 5 days to pay the rent due. This is 735 ILCS 5/9-207, 5/9-209.

State law: 30 days' written notice ends a month-to-month tenancy, and a 5-day notice for nonpayment states the rent due. No statewide statute sets an entry-notice or rent-increase notice period. Chicago adds its own under the Residential Landlord and Tenant Ordinance (Mun. Code § 5-12-130): 30, 60 or 120 days by length of tenancy for non-renewal or a rent increase, and two days' entry notice — rules for Chicago, not for the state.

Full answer and the checkable figures.

How much notice must a landlord give to end a tenancy in Illinois?

In Illinois, a landlord must give 30 days written notice to end a tenancy or decline to renew it. This is 735 ILCS 5/9-207, 5/9-209.

State law: 30 days' written notice ends a month-to-month tenancy, and a 5-day notice for nonpayment states the rent due. No statewide statute sets an entry-notice or rent-increase notice period. Chicago adds its own under the Residential Landlord and Tenant Ordinance (Mun. Code § 5-12-130): 30, 60 or 120 days by length of tenancy for non-renewal or a rent increase, and two days' entry notice — rules for Chicago, not for the state.

Full answer and the checkable figures.

Evictions in Illinois

Can a landlord change the locks to force a tenant out in Illinois?

No. The Forcible Entry and Detainer Act makes self-help eviction unlawful; the tenant may recover possession and damages. 735 ILCS 5/9-101 et seq. In Illinois a tenant may be removed only through the court process, which is set by 735 ILCS 5/9-104, 9-209, 9-106, 9-117; Chicago RLTO § 5-12-130.

A five-day notice for nonpayment must state the amount due, and payment of that amount in full within the five days ends it as a matter of law.

Full answer and the checkable figures.

How long does a tenant have to respond to an eviction case in Illinois?

In Illinois, the time a tenant has to respond to an eviction case is governed by 735 ILCS 5/9-104, 9-209, 9-106, 9-117; Chicago RLTO § 5-12-130. The summons states the appearance date. In Cook County that is typically two to three weeks after filing; the tenant appears rather than filing a written answer, though a written appearance and answer may be required for a jury demand.

A five-day notice for nonpayment must state the amount due, and payment of that amount in full within the five days ends it as a matter of law.

Full answer and the checkable figures.

What are the steps to evict a tenant for unpaid rent in Illinois?

In Illinois, an eviction for unpaid rent runs through 6 steps, each set by the statute or court rule beside it: (1) Serve a 5-day notice for nonpayment of rent — 735 ILCS 5/9-209; (2) File a complaint for possession — 735 ILCS 5/9-106; (3) Summons served at least three days before the appearance date — 735 ILCS 5/9-107; (4) The appearance date — 735 ILCS 5/9-106; (5) Order for possession, with a stay — 735 ILCS 5/9-110; (6) The sheriff executes the order — 735 ILCS 5/9-117. A five-day notice for nonpayment must state the amount due, and payment of that amount in full within the five days ends it as a matter of law. Chicago adds requirements of its own. The procedure as a whole is set by 735 ILCS 5/9-104, 9-209, 9-106, 9-117; Chicago RLTO § 5-12-130.

A five-day notice for nonpayment must state the amount due, and payment of that amount in full within the five days ends it as a matter of law.

Full answer and the checkable figures.

Rent regulation in Illinois

Is there rent control in Illinois?

No. Illinois has no statewide rent control, and its cities and counties cannot simply adopt their own: a unit of local government, including a home rule unit such as Chicago, may not enact, maintain or enforce an ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential or commercial property. This is 50 ILCS 825/5, 825/10 (Rent Control Preemption Act).

Full answer and the checkable figures.

Fair housing in Illinois

Can a landlord refuse a Section 8 voucher in Illinois?

No, not in most cases. In Illinois, it is a civil rights violation to refuse to rent to a person, or set different terms, because of source of income, meaning the lawful manner in which a person supports themselves. The Illinois Department of Human Rights lists Housing Choice Vouchers among the protected sources of income. This is 775 ILCS 5/1-103, 5/3-102.

Full answer and the checkable figures.

Tenant protections in Illinois

Can a landlord retaliate against a tenant for complaining in Illinois?

No. In Illinois, since January 1, 2025, a landlord may not knowingly end a tenancy, raise the rent, cut services, sue or threaten to sue for possession, or refuse to renew because a tenant acted in good faith to report code violations or exercise protected rights, and evidence of protected activity within one year before the landlord’s action creates a rebuttable presumption of retaliation. A tenant who proves retaliation may recover two months’ rent or twice their damages, whichever is greater, plus attorney’s fees. Separately, the federal Fair Housing Act makes it unlawful to threaten or interfere with anyone for exercising fair housing rights. This is 765 ILCS 721/5, 721/20.

Full answer and the checkable figures.

Repairs in Illinois

Can a tenant repair and deduct from rent in Illinois?

Yes, within limits. In Illinois, if a required repair costs no more than $500 or half a month’s rent, whichever is less, and the landlord does not make it within 14 days after the tenant’s notice by registered or certified mail (sooner in an emergency), the tenant may have it made in a workmanlike manner and deduct the amount of a paid bill from a tradesman or supplier unrelated to the tenant. Each step has to be followed as the statute sets it out, including the written notice and the waiting period, or the deduction can be treated as unpaid rent. This is 765 ILCS 742/5.

Full answer and the checkable figures.

Contractor sales tax in Illinois

Do contractors charge sales tax in Illinois?

In Illinois a contractor is treated as the CONSUMER of the materials they build into real property. That means the contractor pays sales tax when they buy the materials, and does not add sales tax to the customer's invoice for that work — the tax is already inside the price. Illinois also has county, city or special-district rates on top of the state rate, so the rate depends on where the job site is, not where the contractor is based. Source: 86 Ill. Adm. Code 130.1940 (construction contractors incur Use Tax on materials permanently affixed to real estate).

Full answer and the checkable figures.

Sources

  • 50 ILCS 825/5, 825/10 (Rent Control Preemption Act)
  • 735 ILCS 5/9-104, 9-209, 9-106, 9-117; Chicago RLTO § 5-12-130
  • 735 ILCS 5/9-207, 5/9-209
  • 765 ILCS 710/1; 765 ILCS 715/1
  • 765 ILCS 721/5, 721/20
  • 765 ILCS 742/5
  • 775 ILCS 5/1-103, 5/3-102
  • 86 Ill. Adm. Code 130.1940 (construction contractors incur Use Tax on materials permanently affixed to real estate).

This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.

This is a summary of the published procedure, not legal advice. Courts, local rules and the facts of a tenancy change what applies, and a defect in a notice or a filing can end a case. Have a lawyer review anything before it is served or filed.

This is a summary of a state’s published guidance, not tax or legal advice. Rates and rules change, local jurisdictions add their own, and the treatment of a specific job depends on the contract and the work. Check the citation and speak to a CPA or a state tax adviser before relying on it.

How Seayora uses these rules

Security deposits. Seayora computes the deadline this rule sets from the tenancy’s own dates, shows it on the deposit statement, and reminds the landlord before it falls due — so the answer above is not reference material sitting beside the product, it is the rule the product enforces.

Notice periods. Seayora computes the notice this rule requires from the tenancy’s own dates — for a renewal offer, a rent increase or a served notice — and will not serve one that is short unless the owner records a reason. The answer above is the rule the product enforces.

Evictions. Seayora does not file, serve or appear in an eviction, and is not anybody’s lawyer. When a tenant has stopped paying, it lays out these steps for the property’s own state and city with the statute beside each one, holds back any step that would come too early, keeps an append-only record of the case — and shows the resident what would end it, legal-aid links included.

Rent regulation. This page states whether the state lets its cities control rent, and any statewide limit on an increase, so a renewal can be checked before it is offered. In New York City, Seayora’s rent-increase advisor goes further: it computes the highest increase the Rent Guidelines Board order and the Good Cause standard allow for each apartment, with the law cited, and gives no number where the law is not verified.

Fair housing. This page states whether the state protects renters who pay with a housing voucher, so a listing and its screening rules can be checked against it before they are published. Seayora’s rental search assistant never filters homes by how a renter will pay the rent.

Tenant protections. When an owner prepares an eviction in Seayora, it lists any repair request opened on the unit in the last 180 days that is still open, not to stop the case but because the tenant will raise retaliation and the owner should have an answer. Every repair request keeps the date it was filed.

Repairs. Every deadline on this page runs from the tenant’s notice. A repair request filed in Seayora keeps the date it was made and every update after it, on the website and both phone apps, so owner and tenant are working from the same date.

Contractor sales tax. Seayora resolves this rule on every invoice a contractor raises — per line, from the job site’s own address — and prints the rate, the jurisdiction and this citation on the document itself, so the estimate a customer accepts is the invoice they are billed. Where the rule is more nuanced than a single answer, Seayora refuses to guess a total rather than quoting a confident wrong one.

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