Renting in Illinois
Your rights as a tenant in Illinois
Illinois law sets no maximum for the security deposit. What state law says about your deposit, the notices you must get, repairs and eviction. Every rule comes with its citation and the text of the law.
Key numbers in Illinois
- Maximum deposit
- No maximum in the law
- Illinois Attorney General
- To return your deposit
- 45 days
- Illinois Security Deposit Return Act
- Notice for late rent
- 5 days
- 735 ILCS 5/9-101 to 9-307 (Eviction Act)
What the law says
The rules, one by one
The basic rules for renting in Illinois, answered with state law and its citation.
Tap “What the law says” to read the exact text and see where it comes from.
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How much can they charge for a deposit?
Illinois law sets no maximum for the security deposit.
Illinois law sets no maximum for the security deposit. According to the Attorney General, the deposit is normally equal to one month's rent, but there is no legal limit on what the landlord can require.
What the law says · Illinois Attorney General
“The amount of the security deposit is normally equal to one month’s rent; however, there is no legal limit on the amount your landlord can require.”
Source: Illinois Attorney General · Verified on November 5, 2026
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When must they return my deposit?
45 days
Under the Security Deposit Return Act, the landlord must return your full deposit within 45 days after you move out if all four apply: your building or complex has 5 or more units, you owe no back rent, you did not damage the unit, and you cleaned it before moving.
What the law says · Illinois Security Deposit Return Act
“The Illinois Security Deposit Return Act requires your landlord to return your security deposit in full within 45 days of the date you moved, if: • Your building or complex consists of five or more units. • You do not owe any back rent. • You have not damaged the rental unit. • You cleaned the apartment before you moved.”
Source: Illinois Attorney General · Verified on October 16, 2026
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If I fall behind on rent, what notice must I get?
5 days
If you owe rent, the landlord first gives you a written notice demanding the overdue rent within 5 days. It is known as a “5-Day Notice.”
What the law says · 735 ILCS 5/9-101 to 9-307 (Eviction Act)
“Serve the tenant with a Notice of Termination for Non-Payment of Rent that demands that the overdue rent be paid within 5 days. This Notice is often called a "5-Day Notice."”
Source: Illinois Supreme Court (approved instructions, form E-I 3511.4) · Verified on October 16, 2026
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How much notice ends a month-to-month rental?
30 days
If you rent month to month, the landlord can end the tenancy with at least 30 days' written notice.
What the law says · 735 ILCS 5/9-101 to 9-307 (Eviction Act)
“You may terminate a month-to-month tenancy with at least 30 days' advance written notice.”
Source: Illinois Supreme Court (approved instructions, form E-I 3511.4) · Verified on October 16, 2026
Protections
Protections the law gives you
We show only what state law says, with its citation. Your city may give you more protections.
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Only a court order can remove you
Yes: state law says so
In Illinois, a landlord cannot remove you without a court order. They cannot change the locks, shut off utilities, or take any other action on their own to force you out.
What the law says · 735 ILCS 5/9-101 to 9-307 (Eviction Act)
“NOTE: Trying to evict a person without a court order is AGAINST THE LAW! You may not change locks, turn off utilities, or take any other action on your own to try to force a person to move.”
Illinois Supreme Court (approved instructions, form E-I 3511.4)
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Protection from retaliation
Yes: state law says so
In Illinois, the Landlord Retaliation Act protects you if the landlord tries to punish you, for example with an eviction, for something the law allows you to do. The court's answer form lets you raise this law as a defense.
What the law says · 765 ILCS 721 (Landlord Retaliation Act)
“I am protected from retaliation by the Landlord Retaliation Act (765 ILCS 721/).”
Illinois Supreme Court (approved form “Eviction Answer, Defenses, and Counterclaims”, ATJ 4802.3)
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Protection related to immigration status
Yes: state law says so
In Illinois, housing providers may ask about your immigration status only when a state or federal law requires them to.
What the law says · Illinois Human Rights Act
“Housing providers may only ask applicants about their “immigration status” where they are required to do so to comply with state or federal laws.”
Eviction
How an eviction works in Illinois
Step by step, with the time periods the law sets. No landlord can skip the court.
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Written notice (5 days for unpaid rent)
at least 5 days
What the law says · 735 ILCS 5/9-101 to 9-307 (Eviction Act)
“Serve the tenant with a Notice of Termination for Non-Payment of Rent that demands that the overdue rent be paid within 5 days.”
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Landlord files the eviction complaint
What the law says · Eviction Act, 735 ILCS 5/9-101 et seq.
“You can file your case the day after the notice period ends.”
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You are served a summons with the court date
at least 3 days
What the law says · Eviction Act, 735 ILCS 5/9-101 et seq.; Ill. S. Ct. Rule 139 (listed on the court's Getting Started sheet)
“The sheriff must serve each of the Defendants at least 3 days (7 days in Cook County) before the first court date (also known as the “return date”) which is on the Eviction Summons.”
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Court hearing or trial
What the law says · Eviction Act, 735 ILCS 5/9-101 et seq.
“The summons will require you to appear in court. Go to court on the scheduled day.”
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Judge decides (eviction order)
What the law says · Eviction Act, 735 ILCS 5/9-101 et seq.
“The judge will make a decision. If you lose your case, the judge will order you to vacate the rental unit. However, the judge normally will give you some time to move.”
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Appeal window
up to 30 days
What the law says
“You have the right to appeal the decision. This must be done within 30 days after the trial.”
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Sheriff enforces the eviction order
What the law says · Eviction Act, 735 ILCS 5/9-101 et seq.
“If the judge gives you some time, the sheriff must wait until after that time has passed before they can remove you from the property. ONLY THE SHERIFF IS LEGALLY ALLOWED TO EVICT SOMEONE FROM A PROPERTY.”
Free or low-cost legal help
If you get a notice or a court case, look for help early: the deadlines are short. These are official pages or pages the state courts link to.
Where to file a housing discrimination complaint
If you believe you were discriminated against, you can file a charge (a formal complaint) with the Illinois Department of Human Rights (IDHR). For housing cases, you need to file within 1 year of when the discrimination happened.
Illinois Department of Human Rights (IDHR)- Illinois Courts Self-Helpillinoiscourts.gov
- Illinois Legal Aid Online — Get Legal Helpillinoislegalaid.org
- Illinois Court Help (call or text)ilcourthelp.gov
- Illinois State Bar Association (ISBA) Illinois Lawyer Finderisba.org
- Illinois Attorney General — Legal Assistance Referralsillinoisattorneygeneral.gov
- DOJ EOIR roster of recognized organizations and accredited representatives, by state and city (PDF)justice.gov
Frequently asked questions
How much can a landlord charge for a deposit in Illinois?
Illinois law sets no maximum for the security deposit. According to the Attorney General, the deposit is normally equal to one month's rent, but there is no legal limit on what the landlord can require. (Illinois Attorney General)
When must a deposit be returned in Illinois?
Under the Security Deposit Return Act, the landlord must return your full deposit within 45 days after you move out if all four apply: your building or complex has 5 or more units, you owe no back rent, you did not damage the unit, and you cleaned it before moving. (Illinois Security Deposit Return Act)
What notice is required for late rent in Illinois?
If you owe rent, the landlord first gives you a written notice demanding the overdue rent within 5 days. It is known as a “5-Day Notice.” (735 ILCS 5/9-101 to 9-307 (Eviction Act))
How much notice ends a month-to-month rental in Illinois?
If you rent month to month, the landlord can end the tenancy with at least 30 days' written notice. (735 ILCS 5/9-101 to 9-307 (Eviction Act))
A summary of state law, not legal advice. Cities may have additional rules.
Pending
What is left to verify
We have not yet verified these Illinois rules in the law with their citation, so we do not show them. If you need them today, ask for free legal aid.
- Are there limits on late fees? Not verified yet
- How much notice before a rent increase? Not verified yet
- Repair and deduct from the rent Not verified yet