4.3 Illinois Landlord-Tenant Law
Key Takeaways
- Under the 2024 Security Deposit Return Act, deposits return within 45 days and itemized deductions go out within 30 days — statewide.
- Chicago's RLTO adds deposit interest, receipts, and double-deposit-plus penalties for landlord violations.
- Eviction notices: 5 days for nonpayment, 10 days for lease violation, 30 days for month-to-month termination.
- Self-help eviction (lock changes, utility shutoff, removing belongings) is illegal; only a court order evicts.
- Leases longer than one year must be written to satisfy the Statute of Frauds.
Security deposits — the 2024 statewide rules
The Security Deposit Return Act (765 ILCS 710) was overhauled effective January 1, 2024 and now applies to every residential rental in Illinois, regardless of building size. The old "30 days if 5+ units" framing is outdated.
| Step | Deadline (statewide) |
|---|---|
| Itemized statement of deductions | 30 days after move-out |
| Return of deposit / balance | 45 days after move-out |
| Supporting documentation (receipts/estimates) | With or shortly after the statement |
Penalty: A landlord who wrongly withholds or misses the deadlines can owe the tenant twice the amount wrongfully withheld, plus court costs and attorney fees.
Chicago RLTO adds more
| Requirement | Chicago RLTO |
|---|---|
| Deposit interest | Required annually at the City-set rate |
| Receipt | Written receipt required |
| Return deadline | 45 days |
| Violation penalty | Up to 2x the deposit + interest |
Allowable vs. prohibited deductions
| Can deduct | Cannot deduct |
|---|---|
| Unpaid rent | Normal wear and tear |
| Damage beyond ordinary use | Pre-existing damage |
| Agreed cleaning/repair costs | Routine repainting after long tenancy |
Normal wear and tear — faded paint, minor carpet wear — can never be charged against the deposit. That distinction is the most-missed deposit question.
Worked deposit timeline: A tenant moves out March 1. The landlord must mail an itemized statement of any deductions by March 31 (30 days) and return the balance by April 15 (45 days). If the landlord stays silent and keeps the deposit, the tenant can sue for twice the wrongfully withheld amount plus fees — so on a $1,500 deposit fully withheld in bad faith, exposure can reach $3,000 plus costs.
When must a lease be written?
| Lease term | Writing required? |
|---|---|
| More than 1 year | Yes (Statute of Frauds) |
| 1 year or less | No, but strongly advised |
Landlord duties: implied warranty of habitability
Illinois implies a warranty of habitability into residential leases. The unit must be fit to live in throughout the term.
| Must provide | Note |
|---|---|
| Heat | Adequate heat in cold months |
| Running hot/cold water | Year-round |
| Working plumbing/electrical | Code-compliant |
| Smoke & carbon-monoxide detectors | Required by statute |
| Timely repairs | Reasonable response to defects |
Required disclosures
| Disclosure | Trigger |
|---|---|
| Lead-based paint pamphlet | Housing built before 1978 |
| Radon | Illinois Radon Awareness Act notice |
| Utility-cost responsibility / shared metering | Before signing |
Tenant protections
Retaliatory eviction is prohibited. A landlord cannot evict or refuse to renew because a tenant reported code violations, contacted a government agency, or joined a tenant organization. Acting within a short window after such activity raises a presumption of retaliation.
A tenant facing serious habitability failures may, after proper notice, pursue repair-and-deduct or rent-related remedies — but unilaterally withholding all rent without following the statute risks the tenant's own eviction.
Eviction process — the notice ladder
| Reason | Required notice |
|---|---|
| Nonpayment of rent | 5-day notice |
| Lease/covenant violation | 10-day notice |
| Month-to-month termination (no fault) | 30-day notice |
After the notice period, the landlord must file an eviction action (the Forcible Entry and Detainer Act) and obtain a court order; the sheriff carries out any removal.
Self-help is illegal
| A landlord may NOT | A landlord MUST |
|---|---|
| Change the locks | Serve proper written notice |
| Shut off heat/water/electricity | File a court eviction case |
| Remove the tenant's belongings | Let the sheriff enforce the order |
Worked scenario: Rent is 8 days late. The landlord serves a 5-day notice; the tenant pays the full amount within those 5 days. The default is cured and the landlord must accept payment — the eviction cannot proceed.
Chicago RLTO extras a licensee should flag
| RLTO feature | Effect |
|---|---|
| RLTO summary attachment | Must be attached to every covered lease |
| Interest on deposits | Paid yearly; failure triggers penalties |
| Heat/repair remedies | Tenant remedies for landlord defaults |
| Lockout penalty | Statutory damages per day for illegal lockout |
Chicago's ordinance applies to most rental units in the city but exempts owner-occupied buildings with six or fewer units. Outside Chicago, some suburbs (e.g., Evanston, Cook County's unincorporated ordinance) impose their own tenant protections, so a licensee must confirm which local ordinance governs before advising on deposits or notices.
Termination notices for fixed vs. periodic tenancies
| Tenancy | Termination notice |
|---|---|
| Fixed-term lease | Ends on its own date; no notice if not renewing (read the lease) |
| Month-to-month | 30 days before the next rent date |
| Week-to-week | 7 days |
A holdover tenant who stays after a fixed term without consent can be removed through the eviction process; if the landlord accepts rent, a month-to-month tenancy may be created, restarting the 30-day notice clock.
Under the Illinois Security Deposit Return Act as amended in 2024, by when must a landlord deliver an itemized statement of deductions after a tenant moves out?
A tenant who has not paid rent is served the proper notice. How many days must the notice give in Illinois for nonpayment of rent?
A frustrated landlord changes the locks and shuts off the heat to force out a non-paying tenant. This conduct is: