Illinois Residential Lease Agreement
What Illinois law requires in a residential lease — the deposit cap, the return deadline, the notice to end a month-to-month tenancy, and the disclosures you have to give the tenant. Every figure is cited to the statute it comes from and dated. The free Illinois lease template is one click away.
Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
Other Illinois rules your lease has to live with
Beyond the deposit, Illinois law sets rules on entry, late fees, and repairs that apply whether or not the lease mentions them.
- Repair and deduct. Yes: if repair cost does not exceed the lesser of $500 or one-half monthly rent, tenant may notify landlord by certified/registered mail; if not repaired within 14 days (sooner in emergency) tenant may repair and deduct the paid bill from rent. — 765 ILCS 742/5 (Residential Tenants' Right to Repair Act, P.A. 93-891, eff. 1-1-05) ↗
Each point links to the Illinois source it was taken from. Rules change; confirm before relying on them.
What Illinois law requires · as of 2026
- Max security deposit
- No statutory limit
- Deposit return deadline
- 45 days after move-out
- Notice to end month-to-month
- 30 days
Source: 765 ILCS 710 (Security Deposit Return Act) · verify ↗. Laws change — confirm the current rule before you rely on it.
Deposit still not back 45 days after move-out? Ask for it in writing with a Illinois security deposit demand letter; if that doesn’t work, the usual next step is Illinois small claims court.
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Required disclosures in Illinois
What Illinois law says a residential landlord has to tell the tenant, each with the statute it comes from. Federal rules and some city ordinances can add more.
Radon disclosure & tenant testing rights (2024)
For leases entered into since Jan 1, 2024, landlords must give prospective tenants the IEMA pamphlet "Radon Guide for Tenants," copies of any records showing a radon hazard in the unit, and the statutory Disclosure of Information on Radon Hazards to Tenants form. The tenant then has 90 days to run their own radon test — and may terminate the lease if it shows a hazard the landlord declines to mitigate. Units on the 3rd story or higher are excluded.
Source: 420 ILCS 46/26 (P.A. 103-298)
"Concession Granted" legend on the lease
A 1925 law still in force: if the landlord gives any rent concession not stated in the lease (free months, rebates, anything of value), the lease itself must be stamped "Concession Granted" across its face in letters at least half an inch high, with a margin note describing the concession. Violations are a Class A misdemeanor.
Source: 765 ILCS 730/3
Shared utility formula (master meters)
A landlord may not bill tenants a share of master-metered utilities without first giving the tenant, in the lease or a separate writing, the formula used to split the bill — which must cover all users and may not total more than the utility actually charges. Tenants can demand copies of the underlying utility bills.
Source: 765 ILCS 740/5
Security deposit interest (25+ units)
Buildings or complexes with 25 or more units must pay interest on deposits held over 6 months, at the passbook rate of the largest Illinois bank, settled within 30 days after each 12-month rental period once accrued interest reaches $5. Willful failure costs the landlord an amount equal to the deposit plus fees.
Source: 765 ILCS 715/1-2
Lead-based paint (federal, pre-1978 buildings)
For housing built before 1978: disclose known lead-based paint hazards, provide the EPA pamphlet "Protect Your Family From Lead in Your Home," and include the federal lead warning language. Chicago and Cook County ordinances add further local requirements — check your municipality.
Source: 42 U.S.C. §4852d
Frequently asked questions
How much security deposit can a landlord charge in Illinois?
Illinois does not set a statutory cap on the security deposit, so the amount is negotiable — but it must be returned within 45 days after you move out (as of 2026). Source: 765 ILCS 710 (Security Deposit Return Act).
Is this lease valid in Illinois?
A written lease that identifies the parties, the property, the term, and the rent is generally enforceable in Illinois once both sides sign. What it cannot do is contract around Illinois law: the deposit rules, entry notice, and habitability duties below apply whether or not the lease mentions them.
Can a tenant repair and deduct rent in Illinois?
Yes: if repair cost does not exceed the lesser of $500 or one-half monthly rent, tenant may notify landlord by certified/registered mail; if not repaired within 14 days (sooner in emergency) tenant may repair and deduct the paid bill from rent. Source: 765 ILCS 742/5 (Residential Tenants' Right to Repair Act, P.A. 93-891, eff. 1-1-05).
What does a landlord have to disclose in Illinois?
Under Illinois law: Radon disclosure & tenant testing rights (2024) (420 ILCS 46/26 (P.A. 103-298)); "Concession Granted" legend on the lease (765 ILCS 730/3); Shared utility formula (master meters) (765 ILCS 740/5); Security deposit interest (25+ units) (765 ILCS 715/1-2); Lead-based paint (federal, pre-1978 buildings) (42 U.S.C. §4852d). Federal and local rules can add more; each item on this page links to the law it comes from.
How does Illinois compare? See the security deposit limits in all 50 states, every figure cited to statute.
How Illinois compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for Illinois: 765 ILCS 710 (Security Deposit Return Act) ↗.
- Illinois is one of 22 of 51 jurisdictions that set no statutory cap on the security deposit (29 cap the deposit by statute).
- Deposit return deadline
Deposit return deadline: 45 days — above the national median of 30 days across the 51 states with a statutory rule.
This is the most common figure nationally — shared by 6 other states.
Deposit return deadline in neighboring states — Indiana (45 days), Iowa (30 days), Kentucky (30 days), Missouri (30 days), Wisconsin (21 days).
- Notice to end a month-to-month tenancy
Notice to end a month-to-month tenancy: 30 days, exactly the national median.
This is the most common figure nationally — shared by 39 other states.
Notice to end a month-to-month tenancy in neighboring states — Indiana (30 days), Iowa (30 days), Kentucky (30 days), Missouri (30 days), Wisconsin (28 days).
The rest of what Illinois requires
The figures below are Illinois's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full Illinois page for that document.
- Notice for unpaid rent · as of 2026
- 5 days to pay or quit 735 ILCS 5/9-209; 5/9-210; 5/9-207 ↗
- Notice to cure a lease violation · as of 2026
- 10 days 735 ILCS 5/9-209; 5/9-210; 5/9-207 ↗
- Small claims limit · as of 2026
- $10,000 Ill. Sup. Ct. Rules 281-289; 705 ILCS 105/27.1b (fees) ↗
- Where you file · as of 2026
- Small claims in the Circuit Court (simplified procedure under Supreme Court Rules 281-289) · filing fee Varies by county — set by county ordinance within Supreme Court fee schedules under 705 ILCS 105/27.1b; commonly ~$89 for the smallest claims up to ~$250-$330 for claims near $10,000 depending on county (Cook County runs higher). Check the circuit clerk's fee schedule for your county. Ill. Sup. Ct. Rules 281-289; 705 ILCS 105/27.1b (fees) ↗
- Rental application fee · as of July 2026
- Limited to the actual cost of screening Illinois General Assembly ↗
- Bill of sale notarization · as of 2026
- Not required Illinois SoS / DMV.ORG ↗
- Power of attorney signing · as of 2026
- Notarization required · 1 witness 755 ILCS 45/3-3 ↗
- LLC operating agreement · as of 2026
- Not required by statute, but it controls over the default rules 805 ILCS 180/1-5 (definition); 805 ILCS 180/15-5 (operating agreement, scope) ↗
- Recording a deed · as of 2026
- County Recorder of Deeds (in Cook County the Recorder of Deeds office was merged into the County Clerk in Dec. 2020) · no witnesses 765 ILCS 5/10; 765 ILCS 5/20 ↗
Lease agreement in other states
More Illinois legal forms
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