Key Takeaways
- Security deposits must be returned within 30-45 days depending on location
- Chicago has specific tenant protections under the Chicago RLTO
- Landlords must provide written notice of conditions for deposit deductions
- Retaliatory eviction is prohibited in Illinois
- Leases longer than 1 year must be in writing (Statute of Frauds)
Last updated: January 2026
Illinois Landlord-Tenant Law
Illinois has specific landlord-tenant protections, with Chicago having additional rules.
Security Deposits
State Law (Outside Chicago)
| Requirement | Details |
|---|---|
| Return deadline | 30 days (5+ units) |
| Return deadline | 45 days (under 5 units) |
| Itemized statement | Required for deductions |
| Interest | Not required statewide |
Chicago RLTO (Residential Landlord Tenant Ordinance)
| Requirement | Details |
|---|---|
| Return deadline | 45 days |
| Interest | Required annually |
| Penalties | 2x deposit + interest |
| Receipt | Required |
Allowable Deductions
| Can Deduct | Cannot Deduct |
|---|---|
| Unpaid rent | Normal wear and tear |
| Damage beyond normal | Pre-existing damage |
| Cleaning costs | Improvements |
| Utility arrears |
Lease Requirements
In Writing
| Lease Term | Written Required |
|---|---|
| Over 1 year | YES (Statute of Frauds) |
| 1 year or less | NO (but recommended) |
Landlord's Duties
Implied Warranty of Habitability
| Must Provide | Details |
|---|---|
| Heat | During winter months |
| Hot water | Year-round |
| Repairs | Timely maintenance |
| Safety | Smoke/CO detectors |
| Security | Safe premises |
Required Disclosures
| Disclosure | When |
|---|---|
| Lead paint | Pre-1978 |
| Radon | Always |
| Utility responsibility | Before lease |
| Move-in checklist | At move-in |
Tenant's Rights
Against Retaliation
| Protected Activity | Cannot Evict For |
|---|---|
| Complaints | To landlord or city |
| Organizing | Tenant unions |
| Reporting | Code violations |
Rent Withholding
| Condition | Remedy |
|---|---|
| Habitability issues | May withhold rent |
| Notice first | Must notify landlord |
| Serious issues | Must be substantial |
Eviction
Required Notice
| Reason | Notice Period |
|---|---|
| Non-payment | 5 days |
| Lease violation | 10 days |
| No lease/holdover | 30 days |
Prohibited Self-Help
| Cannot Do | Must Do |
|---|---|
| Change locks | Court eviction |
| Remove belongings | Follow legal process |
| Shut off utilities | Proper notice |
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Test Your Knowledge
In Illinois (outside Chicago), how many days does a landlord of a 5+ unit building have to return a security deposit?
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B
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D
Test Your Knowledge
What notice period is required for non-payment of rent eviction in Illinois?
A
B
C
D