Key Takeaways
- Chicago’s Fair Notice Ordinance requires 30, 60, or 120 days’ notice depending on tenancy length
- The notice requirement applies to both non-renewals and rent increases
- Tenancies over 3 years require 120 days’ notice — that is 4 full months ahead
- Missing the notice deadline means the tenancy automatically renews at the existing rent
- Updated April 2026 — the ordinance now applies to all rent increases, not just non-renewals
30, 60, or 120 Days: How the Fair Notice Ordinance Works
One of the most commonly violated provisions of Chicago’s landlord-tenant regulations is the Fair Notice Ordinance. Most landlords know they need to give notice before declining to renew a lease or raising rent. What many don’t realize is that the required notice period depends on how long the tenant has lived in the unit — and for long-term tenants, that notice period stretches to an entire season ahead.
The Fair Notice Ordinance establishes three tiers:
| Tenancy Length | Required Notice | Example (Dec 31 Lease Expiration) |
|---|---|---|
| Under 6 months | 30 days | Notice by December 1 |
| 6 months – 3 years | 60 days | Notice by November 1 |
| Over 3 years | 120 days | Notice by September 1 |
These notice periods apply to both non-renewals and rent increases. This is the part that catches most landlords. You might think a 30-day notice is sufficient to raise rent by $100 on a tenant who has been there for five years. It is not. A five-year tenant requires 120 days’ written notice before any rent increase takes effect.
Why 120 Days Matters More Than You Think
One hundred and twenty days is four full months. For landlords accustomed to a standard 30-day notice, this timeline fundamentally changes how you plan lease renewals and rent increases for long-term tenants.
Consider a common scenario: you have a tenant who has been in your Chicago two-flat for four years. Their lease expires on March 31, 2027. You want to increase their rent from $1,800 to $1,950 starting April 1.
Under the Fair Notice Ordinance, you need to deliver written notice by December 1, 2026 — four months before the lease expires. If you wait until January (three months out), your notice is late. If you wait until February (two months out), it is very late. In either case, the consequence is the same: the tenancy automatically renews at the existing rent.
This automatic renewal is not just a formality. Courts have consistently enforced it, and tenants (and their attorneys) know to assert this right. A landlord who misses the 120-day deadline and then attempts to impose a rent increase can face a claim for any excess rent collected.
What Triggers the Notice Requirement
The Fair Notice Ordinance applies to two types of actions:
1. Non-Renewal of Lease
If you decide not to renew a tenant’s lease (for any reason, since Illinois has no statewide just cause eviction requirement outside of certain local ordinances), you must provide the required notice before the lease expiration date. Failure to do so means the lease renews — typically on a month-to-month basis at the same rent.
2. Rent Increases
As updated in April 2026, the Fair Notice Ordinance explicitly applies to all rent increases. If you want to raise rent for an existing tenant, you must provide notice that meets the tiered deadline based on the tenant’s length of tenancy. This applies whether the increase is $50 or $500 — any rent increase triggers the notice requirement.
Importantly, the ordinance does not cap the amount of the increase. Illinois has no rent control, so you can increase rent by any amount — as long as you provide the required notice. The Fair Notice Ordinance is about timing, not amount.
How to Calculate the Notice Deadline
The notice period is counted backward from the date the change takes effect (typically the lease expiration date or the effective date of a rent increase):
- Determine the effective date of the non-renewal or rent increase
- Count backward by the required number of days (30, 60, or 120)
- Deliver the notice on or before that date
Here are examples for common lease expiration dates with a tenant who has been in the unit for over 3 years (120-day notice required):
| Lease Expiration | 120-Day Notice Deadline | Plan By |
|---|---|---|
| January 31 | October 3 | Late September |
| March 31 | December 1 | Late November |
| June 30 | March 2 | Late February |
| August 31 | May 3 | Late April |
| September 30 | June 2 | Late May |
| December 31 | September 2 | Late August |
What Happens If You Miss the Deadline
If you fail to provide notice within the required timeframe, the consequences depend on what you were trying to do:
Missed Non-Renewal Notice
The lease automatically renews, typically on a month-to-month basis at the same rent and substantially the same terms. You cannot force the tenant to leave until you provide proper notice for a future date that satisfies the required notice period. This can effectively extend a tenancy by several months beyond what the landlord intended.
Missed Rent Increase Notice
The rent increase is ineffective. The tenant’s rent remains at the current level until proper notice is provided for a future increase. Any excess rent collected is considered an overcharge and must be refunded. The tenant can also assert the missed deadline as a defense if the landlord later tries to claim non-payment based on the new (improperly noticed) rent amount.
How to Deliver Notice Properly
The Fair Notice Ordinance requires written notice. While the RLTO does not mandate a specific delivery method for this notice (unlike some other provisions), best practices include:
- Personal delivery with a witness — hand the notice directly to the tenant and have a witness present who can later testify to the delivery
- First-class mail — add 5 days to the notice period to account for mail delivery time
- Certified mail with return receipt — provides proof of delivery but adds cost
- Email — may be acceptable if the lease specifically provides for email notices, but physical delivery is more defensible
Keep a copy of the notice with the delivery date documented. If the tenant later disputes that they received timely notice, your documentation is your evidence.
Fair Notice vs Other Chicago Notice Requirements
The Fair Notice Ordinance is separate from other notice requirements under the RLTO and state law:
| Notice Type | Source | Required Period |
|---|---|---|
| Non-renewal / rent increase | Fair Notice Ordinance | 30/60/120 days (tiered) |
| Eviction for non-payment | Illinois state law | 5-day demand notice |
| Eviction for lease violation | Illinois state law | 10-day cure notice |
| Entry for repairs/inspection | Chicago RLTO | 48 hours (2 days) |
| Lock change after eviction | Illinois state law | Must be court-ordered |
The Fair Notice Ordinance does not affect eviction proceedings. If a tenant fails to pay rent, you can still serve a 5-day demand notice regardless of how long they have lived in the unit. The tiered notice periods apply only to non-renewals and rent increases.
Month-to-Month Tenancies
The Fair Notice Ordinance applies to month-to-month tenancies as well as fixed-term leases. If you want to terminate a month-to-month tenancy or raise rent on a month-to-month tenant, the same tiered notice periods apply based on the total length of the tenancy.
This means a tenant who has been renting month-to-month for four years still requires 120 days’ notice. Many landlords assume that a month-to-month tenancy can be terminated with 30 days’ notice regardless of duration — this is incorrect in Chicago. The Fair Notice Ordinance overrides the standard 30-day presumption for long-term tenancies.
Practical Tips for Compliance
- Track tenancy start dates for every tenant and know when they cross the 6-month and 3-year thresholds
- Set calendar reminders at 150 days before lease expiration for long-term tenants — this gives you a 30-day buffer to prepare and deliver the 120-day notice
- Standardize your renewal process so that notice deadlines are calculated automatically based on tenancy length and lease expiration
- Use property management software that tracks notice deadlines by jurisdiction — LeaseBase tracks Fair Notice deadlines for every Chicago property
- When in doubt, use 120 days — sending a 120-day notice for a tenant who only requires 30 days is not a violation; sending a 30-day notice for a tenant who requires 120 days is
Frequently Asked Questions
Does the Fair Notice Ordinance apply to all Chicago rentals?
The Fair Notice Ordinance applies to residential tenancies governed by the RLTO. The RLTO generally applies to buildings with six or more units, though certain provisions (including security deposit rules) extend to smaller buildings. Verify whether your specific property is covered based on size and type.
Can I give more notice than required?
Yes. You can always provide more notice than the minimum required. In fact, providing a 120-day notice for all tenants regardless of tenancy length is a simple way to ensure compliance without needing to track each tenant’s notice tier.
What if the tenant agrees to shorter notice?
The Fair Notice Ordinance cannot be waived by agreement. Even if the tenant signs a lease provision agreeing to 30-day notice, the statutory notice period based on tenancy length still applies. A waiver clause in the lease is unenforceable.
Does the notice period count from delivery or from postmark?
The notice period counts from the date the tenant receives the notice. If sent by mail, add 5 days for delivery time. If personally delivered, the notice period begins on the delivery date. Always err on the side of sending notice earlier rather than later.
What if I want to raise rent on a tenant who has been there for exactly 3 years?
The 120-day tier applies to tenancies over 3 years. A tenancy of exactly 3 years would fall in the 60-day tier (6 months to 3 years). However, if the tenant has been there for 3 years and 1 day, the 120-day tier applies. Track the exact start date to determine the correct tier.