Disputes between landlords and tenants are among the most common cases filed in Illinois courts. Whether you are a property owner or a renter, understanding your legal rights and responsibilities is essential before taking action.
Illinois law governs lease agreements, security deposits, eviction procedures, and habitability requirements. Below is a general overview of current landlord-tenant principles. Because every situation is unique, consulting an attorney before proceeding is strongly recommended.
Tenant Rights & Responsibilities in Illinois
Under Illinois law, tenants are generally required to:
- Pay rent on time
- Keep the rental unit clean and undamaged
- Avoid causing damage beyond normal wear and tear
- Comply with lease terms
- Provide proper written notice before moving
- Pay utilities if required by the lease
Tenants are protected from retaliatory eviction under the Illinois Retaliatory Eviction Act. A landlord may not evict a tenant for reporting housing code violations or exercising lawful rights.
Tenants living in subsidized housing may have additional protections under federal law.
Landlord Rights & Responsibilities
Illinois landlords must:
- Maintain rental units in a habitable condition
- Make necessary repairs
- Comply with state and local housing codes
- Follow proper legal procedures for eviction
Illinois does not have statewide rent control, meaning landlords may set rent amounts consistent with lease terms and applicable notice requirements.
Security Deposits in Illinois
Security deposit disputes are one of the most common landlord-tenant conflicts.
Under the Illinois Security Deposit Return Act:
- In buildings with 5 or more units, deposits must be returned within 45 days if no deductions are made.
- If deductions are taken, landlords must provide an itemized statement within 30 days.
- Violations can result in liability for twice the security deposit plus attorney’s fees.
In buildings with 25 or more units, interest must be paid on deposits held for at least six months.
Rent Increases
Illinois does not have statewide rent control.
- Month-to-month lease → 30 days’ notice required
- Week-to-week lease → 7 days’ notice required
- Fixed-term lease → Rent cannot increase before expiration
Local ordinances may apply in certain municipalities.
Terminating a Lease
Written notice requirements:
- Month-to-month tenancy → 30 days
- Year-to-year tenancy → 60 days
Landlords are not required to provide a reason when properly terminating a lease at the end of its term
The Eviction Process in Illinois
Under the Illinois Forcible Entry and Detainer Act:
- Proper written notice (5-day for nonpayment, 10-day for lease violation)
- Filing of a lawsuit
- Court hearing
- Court order
- Sheriff enforcement (if necessary)
Landlords may not:
- Change the locks
- Shut off utilities
- Remove personal property
Only the Sheriff can physically remove a tenant.
Common Eviction Defenses
Tenants may defend against eviction if:
- Rent was paid during the notice period
- The eviction is retaliatory
- Proper notice was not given
- The landlord failed to maintain essential services
When Should You Speak With an Attorney?
Landlord-tenant law becomes complex quickly, especially in disputes involving:
- Repeated nonpayment
- Significant property damage
- Security deposit penalties
- Retaliation claims
- Commercial lease issues
Early legal guidance can prevent costly mistakes.