MakeLease is in early access — early users help shape what we build next.

    Illinois Residential Lease Agreement

    Illinois sets no statewide ceiling on security deposits, but the landlord must refund it within 30 days after move-out.

    Create a Illinois leaseFree to create, no card needed; an account is needed to save or e-sign.

    MakeLease generates a customizable lease; add these Illinois disclosures and terms.

    Last verified: · Researched and cited by MakeLease · not yet attorney-reviewed

    Upcoming change

    • All non-optional fees must appear on the first page of the lease (or the tenant is not liable for them) and in listings; lease or listing must state whether utilities are included in rent; bans application fees over $50 and many junk fees. Applies to leases entered after the effective date; exempts owner-occupied premises of 6 or fewer units. Effective (HB 3564 (P.A. 104-479), adding 765 ILCS 705/35).

    Illinois lease rules at a glance

    Key Illinois rules for a residential lease, with the statute behind each
    RuleWhat the law says
    Security deposit capNo state cap765 ILCS 710 (Security Deposit Return Act — silent on amount), 765 ILCS 705 (Landlord and Tenant Act — silent on amount)
    Deposit return deadline30 days after move-out765 ILCS 710/1(a), P.A. 103-224 (SB 1741), eff. 1-1-2024
    Late feesNo state cap · grace period: no state grace period765 ILCS 705 (Landlord and Tenant Act — no late-fee provision), 735 ILCS 5/9-201 to 9-218 (silent on late fees), 765 ILCS 705 (Landlord and Tenant Act — silent)
    Landlord entry noticeNo state rule765 ILCS 705 (Landlord and Tenant Act — no entry provision)
    Ending a month-to-month lease30 days (either side)735 ILCS 5/9-207, 735 ILCS 5/9-205
    Rent increase noticeNo state rule735 ILCS 5/9-207 (termination notice; no rent-increase provision)
    Rent controlNone; cities barred from adopting it50 ILCS 825/5, 50 ILCS 825/10
    Eviction notice for unpaid rent5 days (5-day landlord's demand for rent)735 ILCS 5/9-209, 735 ILCS 5/9-211 (service)

    Illinois lease disclosures checklist

    Illinois landlords must give lead (pre-1978), radon, flood and Safer Homes rights disclosures with the lease, plus a written utility-allocation formula when billing for master-metered utilities (420 ILCS 46/26; 765 ILCS 705/25; 765 ILCS 752/20; 765 ILCS 740/5). (420 ILCS 46/26, 765 ILCS 705/25, 765 ILCS 752/20, 765 ILCS 740/5, 410 ILCS 45/9.1, 40 CFR Part 745 Subpart F)

    • Federal lead-based paint disclosure and EPA pamphlet — Housing built before 197842 U.S.C. § 4852d; 40 CFR Part 745 Subpart F
    • Illinois Department of Public Health lead informational brochure; plus written notice of any prior lead-hazard mitigation notice before lease renewal — Before signing a lease for a dwelling unit built before 1978410 ILCS 45/9.1
    • IEMA 'Radon Guide for Tenants' pamphlet, Disclosure of Information on Radon Hazards to Tenants form, and any reports showing a radon hazard — At application / before the lease (leases entered on or after 1-1-2024)420 ILCS 46/26
    • Flood disclosure: FEMA Special Flood Hazard Area status and known flooding; for lower-level units, flooding in the last 10 years (in the lease, signed by both parties) — Before signing a lease or renewal (leases on or after 1-1-2025)765 ILCS 705/25
    • IDHR Summary of Rights for Safer Homes (domestic/sexual violence housing protections) as page 1 of the lease, signed by each tenant — Every new or renewal written residential lease on or after 1-1-2026765 ILCS 752/20
    • Written formula for allocating master-metered utility costs among tenants — Before billing tenants for a share of master-metered utilities765 ILCS 740/5(a)

    MakeLease generates a customizable lease; add these Illinois disclosures and terms.

    Before you sign in Illinois

    If a deposit is withheld wrongly
    A landlord who refuses to supply the itemized statement, or supplies it in bad faith, and fails to return the deposit on time owes twice the deposit due plus court costs and attorney's fees (765 ILCS 710/1(c)). (765 ILCS 710/1(c), 765 ILCS 715/2)
    Deductions from the deposit
    To withhold any part of the deposit for damage, the landlord must deliver an itemized statement of damage and repair costs, with paid receipts or copies attached (or receipts within 30 days if estimates were given), within 30 days (765 ILCS 710/1(a)). (765 ILCS 710/1(a)-(b))
    Interest on the deposit
    Landlords with 25 or more units in a building or contiguous complex must pay interest on deposits held over 6 months, paying accrued interest of $5 or more within 30 days after each 12-month rental period and all remaining interest when the tenancy ends (765 ILCS 715/1-2). (765 ILCS 715/1, 765 ILCS 715/2, 765 ILCS 715/3)
    Rent control and increases
    Illinois has no rent control, and state law prohibits cities and counties, including home-rule units, from enacting or enforcing rent control (50 ILCS 825/5, 825/10). (50 ILCS 825/5, 50 ILCS 825/10)

    The Rent Control Preemption Act bars all units of local government, including home-rule cities like Chicago, from controlling the amount of rent for private residential or commercial property.

    If rent goes unpaid
    For unpaid rent, the landlord must serve a written demand giving the tenant at least 5 days to pay before the lease may be terminated and an eviction filed (735 ILCS 5/9-209). (735 ILCS 5/9-209, 735 ILCS 5/9-211 (service))

    Illinois lease FAQs

    How much can a landlord charge for a security deposit in Illinois?

    Illinois state law sets no maximum security deposit, but suburban Cook County caps deposits at 1.5 months' rent for covered units (765 ILCS 710; 765 ILCS 705) (765 ILCS 710 (Security Deposit Return Act — silent on amount)).

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

    A landlord who keeps any part of a deposit for damage must send an itemized statement with receipts within 30 days after the tenant vacates (or possession ends, if later); otherwise the full deposit is due within 45 days after move-out (765 ILCS 710/1(a)).

    Is there a limit on late fees in Illinois?

    Illinois has no statewide cap on residential late fees, so any fee should be stated in the lease and reasonable; Chicago and suburban Cook County impose their own caps (765 ILCS 705) (765 ILCS 705 (Landlord and Tenant Act — no late-fee provision)). Illinois law sets no grace period before a residential late fee may be charged; follow the lease and any local ordinance (765 ILCS 705) (765 ILCS 705 (Landlord and Tenant Act — silent)).

    How much notice must a Illinois landlord give before entering a rental?

    Illinois has no statewide statute on landlord entry, so access is governed by the lease; in Chicago the RLTO requires 2 days' notice except in emergencies (765 ILCS 705) (765 ILCS 705 (Landlord and Tenant Act — no entry provision)).

    How much notice ends a month-to-month tenancy in Illinois?

    A landlord may end a month-to-month (or any under-one-year periodic) tenancy with 30 days' written notice, and a week-to-week tenancy with 7 days' notice (735 ILCS 5/9-207).

    What disclosures does a Illinois lease need?

    Illinois landlords must give lead (pre-1978), radon, flood and Safer Homes rights disclosures with the lease, plus a written utility-allocation formula when billing for master-metered utilities (420 ILCS 46/26; 765 ILCS 705/25; 765 ILCS 752/20; 765 ILCS 740/5). The list covers Federal lead-based paint disclosure and EPA pamphlet, Illinois Department of Public Health lead informational brochure; plus written notice of any prior lead-hazard mitigation notice before lease renewal, IEMA 'Radon Guide for Tenants' pamphlet, Disclosure of Information on Radon Hazards to Tenants form, and any reports showing a radon hazard, Flood disclosure: FEMA Special Flood Hazard Area status and known flooding; for lower-level units, flooding in the last 10 years (in the lease, signed by both parties), IDHR Summary of Rights for Safer Homes (domestic/sexual violence housing protections) as page 1 of the lease, signed by each tenant and Written formula for allocating master-metered utility costs among tenants.

    More on renting in Illinois

    Lease pages for Indiana are coming soon.

    Start your Illinois lease

    MakeLease generates a customizable lease; add these Illinois disclosures and terms.

    Create a Illinois lease

    Report an outdated or wrong rule