Illinois has two layers of landlord-tenant law: the statewide Illinois Security Deposit Return Act, and — for Chicago tenants — the significantly stronger Chicago Residential Landlord and Tenant Ordinance (RLTO). If you're renting in Chicago, you have substantially more protections than tenants elsewhere in the state.
Chicago vs Statewide: The RLTO applies to most Chicago rental units (with exceptions for owner-occupied buildings of 6 or fewer units and hotels). If you're outside Chicago, Illinois state law applies — which is considerably lighter on tenant protections.
Security Deposits
Chicago (RLTO)
Chicago landlords who hold a security deposit for more than 6 months must pay interest on it at a rate set annually by the City Comptroller. (RLTO § 5-12-080)
After a tenancy ends, the landlord must return the deposit within 30 days, along with an itemised statement of deductions. If the landlord fails to return the deposit within 30 days, the tenant is entitled to the full deposit amount plus a penalty equal to twice the security deposit plus court costs and attorney's fees. (RLTO § 5-12-082)
Statewide Illinois
Illinois has no cap on the deposit amount. Landlords must return deposits within 30 days of move-out (or 45 days if a deduction is made), with an itemised statement of deductions. Failure to comply makes the full deposit non-deductible. (765 ILCS 710)
Entry Rights
Chicago (RLTO)
Landlords must provide at least 2 days' notice before entering for non-emergency purposes (inspection, repairs, showings). Emergency entry is permitted without notice. (RLTO § 5-12-050)
Statewide Illinois
Illinois state law doesn't specify a statutory notice requirement for entry. However, the implied covenant of quiet enjoyment applies, and courts have found that repeated or unreasonable entry constitutes harassment. A reasonable notice expectation of 24 hours is widely applied.
Red flag: Any clause purporting to allow entry "at any time" or "with no prior notice" except in genuine emergencies is problematic — especially in Chicago where the 2-day RLTO requirement is clear.
Habitability
Chicago's RLTO includes an extensive minimum standards list covering heat (68°F minimum from September 15 to June 1), hot water, plumbing, lighting, and structural safety. (RLTO § 5-12-110)
Statewide, the Landlord-Tenant Act requires landlords to maintain premises in "fit and habitable condition" and comply with building codes. If the landlord fails to make essential repairs within 14 days of written notice, Chicago tenants may withhold rent, terminate the lease, or make the repairs themselves and deduct the cost. (RLTO § 5-12-110)
Rent Increases
Illinois has no statewide rent control. Chicago similarly has no citywide rent cap — attempts to introduce rent stabilisation have been made but not enacted. Landlords may increase rent on renewal or expiry of a fixed-term lease with reasonable notice (typically 30 days for month-to-month tenancies).
Under the RLTO, landlords must give at least 30 days' notice before increasing rent. (RLTO § 5-12-130)
Termination and Notice
- Month-to-month tenancy: Either party must give 30 days' written notice to terminate
- Non-payment of rent: Landlord must serve a 5-day notice to pay or quit before starting eviction proceedings
- Lease violations: 10-day notice to cure or quit in Chicago; 5-day notice statewide for most violations
Lease Clauses to Watch For in Illinois
- No interest on deposit: In Chicago, this violates the RLTO's interest requirement for deposits held more than 6 months
- Late fees exceeding reasonable amounts: Courts may refuse to enforce excessive late charges
- Waiver of RLTO rights: Chicago tenants cannot waive their RLTO rights by contract — any clause attempting this is void (RLTO § 5-12-140)
- Entry with less than 2 days' notice: Below the Chicago RLTO standard for non-emergency entry
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