Illinois Landlord-Tenant FAQ: 20 Answers (2026)

No. The Illinois Rent Control Preemption Act (70 ILCS 3/1) prohibits any unit of local government from enacting, maintaining, or enforcing rent control ordinances. This means no city, county, or municipality in Illinois can cap rent increases. Landlords can raise rent by any amount with proper written notice. The Cook County RTLO requires 60 days’ notice for increases of 5% or more, but this is a notice requirement, not a cap on the increase amount.

For month-to-month tenancies, 30 days’ written notice is required statewide. In Cook County RTLO areas, 30 days’ notice is required for increases under 5%, and 60 days’ notice for increases of 5% or more. For fixed-term leases, rent cannot be raised during the lease term unless the lease specifically allows it. The increase takes effect at the start of the next rental period after the notice period expires.

Statewide, Illinois does not cap late fees, but they must be “reasonable” and specified in the lease. Chicago RLTO imposes specific limits: $10 per month on the first $500 of rent, and 5% per month on rent above $500. For example, on $1,500 rent, the maximum late fee is $10 + 5% of $1,000 = $60/month. Late fees cannot be charged until a grace period (if specified in the lease) has passed. Late fees cannot be included in a 5-day eviction notice.

Illinois allows any lease term agreed upon by both parties. Leases for more than one year must be in writing under the Statute of Frauds (740 ILCS 80). Oral leases are valid for terms of one year or less and create month-to-month tenancies. When a fixed-term lease expires and the tenant remains with the landlord’s consent, the tenancy converts to month-to-month on the same terms. The Chicago RLTO requires that certain disclosures and the RLTO summary be attached to all written leases.

An uncontested eviction typically takes 30–60 days from serving the initial notice to sheriff enforcement. Contested cases in Cook County can take 90–180 days or longer due to court backlogs, continuances, and jury trial requests. Collar counties (DuPage, Lake, Will, Kane, McHenry) are generally faster, with contested cases resolving in 60–90 days. The notice period alone ranges from 5 to 30 days depending on the reason for eviction.

Illinois has three main eviction notice types: 5-day notice for nonpayment of rent (735 ILCS 5/9-209), 10-day notice to cure lease violations (735 ILCS 5/9-210), and 30-day notice to terminate a month-to-month tenancy (735 ILCS 5/9-207). Chicago adds a 14-day termination notice under the RLTO for material noncompliance, which includes a 10-day cure period. Using the wrong notice type for your situation will result in the case being dismissed.

Total eviction costs range from $2,000 to $7,000 or more. This includes court filing fees ($181–$337), process server or sheriff service ($50–$125), attorney fees ($500–$3,000 for uncontested to contested), lost rent during the process ($1,000–$4,000), sheriff eviction execution ($60–$150), and unit turnover costs ($300–$2,000). Lost rent is typically the largest expense, especially in Cook County where delays are common.

The Cook County RTLO (effective June 2021) requires just cause for eviction in unincorporated Cook County and municipalities that have not opted out. Qualifying causes include nonpayment of rent, material lease violation (after notice), illegal activity, owner move-in, demolition, and substantial renovation. Inside Chicago city limits, the RLTO applies instead. In collar counties (DuPage, Lake, Will, Kane, McHenry), there is no just cause requirement — a 30-day notice can terminate a month-to-month tenancy without stated cause.

Illinois has no statewide statute governing landlord entry. Entry requirements depend on the lease terms and, in Chicago, the RLTO. Under the Chicago RLTO, landlords must provide at least 2 days’ written notice before entering for non-emergency purposes (repairs, inspections, showings). Entry must be at reasonable times. In emergencies (fire, flood, gas leak), no notice is required. Outside Chicago, entry rights are typically governed by the lease. Best practice is to provide at least 24–48 hours’ notice regardless of location.

No. The Illinois Retaliatory Eviction Act (765 ILCS 720) prohibits landlords from evicting, raising rent, or decreasing services in retaliation for a tenant: reporting code violations to a government agency, complaining to the landlord about habitability issues, organizing or joining a tenant union, or exercising any legal right. If a landlord takes adverse action within a certain period after a tenant’s protected activity, courts may presume the action is retaliatory. The tenant can raise retaliation as a defense in eviction proceedings.

The Illinois Human Rights Act (775 ILCS 5) prohibits discrimination in housing based on race, color, religion, sex, national origin, ancestry, age (40+), marital status, physical or mental disability, familial status (children), sexual orientation, gender identity, military status, order of protection status, and unfavorable military discharge. Chicago adds protections for source of income (including housing vouchers), immigration status, and gender identity. Violations are enforced by the Illinois Department of Human Rights and the Chicago Commission on Human Relations.

A tenant can break a lease early without penalty in specific situations: active military deployment (Servicemembers Civil Relief Act, 50 USC §3955), domestic violence, sexual assault, or stalking (with court order or police report), or uninhabitable conditions that the landlord has failed to repair after written notice. Outside these situations, the tenant may owe rent for the remaining lease term, but the landlord has a legal duty to mitigate damages by making reasonable efforts to re-rent the unit. An early termination fee, if included in the lease, must be reasonable.