What a Landlord Cannot Do in Illinois: Legal Boundaries

Think renting is as simple as collecting keys and paying rent? Not quite—especially in Illinois. Behind every rental agreement, there’s a long list of rules landlords must follow, and breaking them could lead straight to court.

From how security deposits are handled to what counts as proper written notice, Illinois landlords operate under some of the strictest housing laws in the country. But here’s the catch—many tenants and even some landlords don’t know the full list of “don’ts.”

Curious what’s off-limits for landlords under Illinois landlord-tenant law? You should be—because knowing your rights could save you a lot of stress, money, and surprises.

Let’s get into it.

Illinois Landlord-Tenant Law

Before a landlord hands over the keys or a tenant signs on the dotted line, there’s already a legal framework shaping that agreement. In Illinois, this framework isn’t loose or optional; it’s detailed, enforceable, and backed by both state laws and local rules.

The Illinois Landlord and Tenant Act outlines the basic expectations for both sides of a rental agreement, but depending on where you are—Chicago, Cook County, or another jurisdiction—those expectations can shift.

Local ordinances, like the Chicago Residential Landlord and Tenant Ordinance (RLTO) and the Cook County RTLO, often provide even stronger protections for Illinois renters. These local laws might regulate how a security deposit is held, require itemized statements, or impose deadlines for making necessary repairs.

Unlike states that lean in favor of landlords, Illinois landlord-tenant law tends to offer more leverage to tenants. For example, if a landlord enters a unit without written notice, fails to return a tenant’s security deposit, or ignores repair requests that affect health and safety codes, that’s not just bad practice—it may violate state law or local ordinances.

Leases lasting more than 12 months must be in writing, but shorter arrangements can be made verbally. Still, a written lease is always recommended. When expectations aren’t clearly documented, disputes over rent payments, utility bills, or lease violations become harder to resolve.

Say a tenant agrees to rent a unit for eight months and promises to pay rent on the first of each month. Even if the lease is verbal, the landlord still must follow Illinois law when it comes to things like giving proper notice, collecting rent, or initiating the eviction process for non-payment.

Every step in the landlord-tenant relationship is governed by rules—some obvious, others more technical. From how landlords provide reasonable notice to how they handle covering unpaid rent, understanding these guidelines helps protect tenants and avoid unnecessary legal fallout for landlords.

1. A Landlord Cannot Evict an Active Duty Service Member

Imagine receiving deployment orders and, while serving your country, discovering your landlord is trying to evict your family. It’s a situation no service member should face, and Illinois law, backed by federal protections, ensures they don’t.

Under the Servicemembers Civil Relief Act (SCRA), Illinois tenants on active duty are shielded from eviction solely due to non-payment of rent, provided the monthly rent falls below a certain threshold set by federal law.

This protection extends to their dependents, meaning landlords cannot simply remove a military tenant or their family from a rental unit without first going through the courts.

If a tenant fails to pay rent because military duties have materially impacted their finances, the court must evaluate the situation. Judges can grant temporary stays, adjust rent payments, or modify terms of the lease agreement—whatever is necessary to account for the burden of service.

What landlords cannot do is attempt a “self-help” eviction. Lockouts, shutting off utility bills, or intimidation tactics are illegal and can expose landlords to penalties. In these cases, the eviction process must begin with a formal request to the court, followed by a hearing where the service member’s military status and circumstances are fully considered.

These protections are not just guidelines because they are enforceable under both state law and federal statutes. Any eviction proceedings against a service member without proper judicial approval violate the SCRA, the Illinois Retaliatory Eviction Act, and potentially the Fair Housing Act, depending on the context.

Before moving forward with any action, a landlord should be absolutely certain the tenant isn’t eligible for these protections.

2. Lease Agreements Must Not Include Prohibited Clauses

Just because something is printed in a rental agreement doesn’t make it legal. After all, a lease isn’t a free-for-all—it’s bound by Illinois landlord-tenant law, and certain clauses have no place in it.

While landlords in Illinois can technically rely on an oral agreement for leases under 12 months, this option leaves both parties exposed. Without a written lease, it’s hard to prove what was promised, and disputes can spiral. But even in a signed lease, not every term holds up under scrutiny.

Some clauses are flat-out illegal. For example, a landlord cannot insert a provision that waives your right to a jury trial, allows themselves to relocate tenants at will, or demands vague or unspecified fees. These aren’t just bad practices—they’re unenforceable under Illinois law.

The rules go even further in certain regions. In Cook County and Chicago, landlords are prohibited from including non-disparagement clauses that restrict tenants from speaking out. Leases also can’t waive written notice requirements, suppress tenant rights, or limit First Amendment protections.

Even if both parties agree, these terms will be considered void.

Let’s say a landlord adds a line about charging “reasonable administrative costs” without defining the amount. In a courtroom, that type of clause wouldn’t stand. And if a prospective tenant signs without noticing such a line, they might end up paying more than expected, or fighting an unfair charge down the line.

Whether you’re reviewing your current tenancy agreement or preparing a new lease, it’s worth taking a close look. If any part of the document seems one-sided, overly broad, or lacking clarity, chances are it conflicts with Illinois tenant protection laws.

3. Rental Units Must Be Safe, Sanitary, and Fit for Living

No tenant should have to choose between shelter and safety. After all, signing a lease agreement doesn’t mean giving up your right to live in a clean, functional, and hazard-free space. In Illinois, that expectation isn’t just reasonable—it’s protected by law.

Building on the rights we’ve already covered, state law imposes a legal duty on every Illinois landlord to maintain rental units in habitable condition. This includes working plumbing, reliable heating, hot and cold water, safe electrical systems, and secure entry points. Any rental property with exposed wiring, broken locks, or a lack of heat in winter isn’t just inconvenient—it may violate the implied warranty of habitability.

This warranty applies automatically, even if it’s not spelled out in the written lease. A landlord cannot sidestep it, ignore it, or add language to a tenant’s lease that suggests otherwise.

If serious problems arise—like mold, sewage backups, or lack of running water—and the landlord fails to respond after receiving written notice, tenants have options.

In most cases, landlords are given a 14-day window to correct the issue. If they don’t, tenants can report the violation to local housing authorities or health departments under local ordinances or health and safety codes.

For example, a tenant in Cook County might report structural hazards to the local health authority if repeated complaints go unanswered. In some cases, failure to maintain the unit can even allow tenants to withhold rent, break the tenancy agreement, or recover costs spent on emergency repairs.

Maintaining a livable unit isn’t optional—it’s the law. And when that standard is ignored, tenants have every right to seek help, take action, or seek legal advice.

4. Landlords Are Required to Comply with Health and Safety Codes

It’s one thing to provide four walls and a roof, but a landlord’s job doesn’t stop at handing over the keys. A rental building must meet all applicable health and safety codes, or it could put tenants at risk—and land the landlord in legal trouble.

Following up on the obligation to provide habitable housing, Illinois takes safety even further. Landlords and tenants are both affected by how well a property complies with state law and local ordinances. Smoke detectors, carbon monoxide alarms, proper ventilation, and structurally sound buildings aren’t just good practice; they’re legal requirements.

If a landlord overlooks these basics, the consequences can be serious. Failing to install smoke detectors, for instance, could result in city fines or even a condemnation notice if the rental unit poses an ongoing threat.

And if the issues remain after written notice, Illinois tenants may be allowed to withhold rent or pay for necessary repairs out of pocket—then deduct that amount from their rent payments.

Consider a situation where a tenant discovers faulty wiring that hasn’t been fixed despite repeated complaints. If the landlord ignores the repair, the tenant can contact the Illinois Department of Public Health or the local housing inspector.

Depending on the violation, the property may be cited, and the landlord could face forced repairs or legal action.

Property maintenance isn’t optional, and skipping code compliance isn’t worth the risk. A landlord fails their duty when they ignore safety standards—and when that happens, tenants aren’t powerless.

5. Interest on Security Deposits Cannot Be Illegally Withheld

Security deposits often feel like an afterthought once the lease is signed, but in Illinois, how that money is handled matters—and not just at move-out.

According to Illinois landlord tenant law, landlords who manage a rental property with 25 or more units must pay interest on any security deposit held for over six months. This rule exists to protect tenants from having their money sit idle while in someone else’s hands.

The interest rate is set at the rate paid by the largest commercial bank in Illinois on minimum deposit passbook savings accounts as of December 31, 2024, which was 0.005%, with an Annual Percentage Yield (APY) of 0.01%. It must be paid or credited to the tenant once every year.

This requirement isn’t optional. If a landlord fails to pay the interest owed, tenants may be entitled to recover the deposit amount along with court costs and attorney’s fees. For instance, if a tenant has lived in a large apartment complex in Cook County for a year without receiving any security deposit interest, they may have a valid legal claim.

On the other hand, landlords with fewer than 25 units are typically exempt from this rule. However, they are still expected to follow all other Illinois landlord tenant requirements related to deposit handling, documentation, and refunds.

It’s essential that every tenant’s lease clearly outlines the amount of the deposit, the conditions for its return, and whether the property falls under this rule. Keeping things transparent from the start can help both parties avoid unnecessary disputes later.

6. Security Deposits Must Be Returned Within 45 Days

You’ve packed up, handed over the keys, and walked away from your rental unit but the lease isn’t truly over until the security deposit is returned. And in Illinois, there’s a clear legal deadline for that.

Following the previous rules on interest, state law also requires landlords to return a tenant’s security deposit within 45 days of the lease term ending.

If the landlord intends to make deductions for damages beyond normal wear, they must also include an itemized statement and copies of paid receipts. Anything less is a violation of Illinois landlord tenant law.

Let’s say a tenant leaves behind minor scuff marks on the wall. These typically fall under normal wear and cannot justify a deduction. But if a door is broken or appliances are missing, the landlord may be allowed to subtract the repair cost, provided they document it properly.

Improper withholding is more than a paperwork issue. If a landlord withholds the deposit without just cause or fails to follow the rules, the tenant may be eligible to recover up to twice the original deposit amount, along with court costs and attorney’s fees.

The law is designed to discourage vague or unjustified deductions and to hold landlords accountable.

Tenants can help ensure a smooth return by submitting their forwarding address in writing before moving out. Without it, landlords might claim they had no way to issue the refund, which can delay the process.

7. Rent Increases Are Allowed Only Under Certain Lease Agreements

Just when you think your housing costs are stable, a notice arrives about a rent hike. But in Illinois, not every rent increase is legal, especially when there’s a written lease in place.

Following the rules about deposit handling and lease terms, Illinois law also sets limits on how and when a landlord can raise the rent.

If you’re in a fixed-term lease, such as a 12-month agreement, the rent payments must stay the same until that lease term ends. A landlord cannot decide midway through the contract to raise the rent just because they want to.

For month-to-month tenancies, the rules are more flexible but still clear. In this case, a landlord must provide written notice at least 30 days before any increase takes effect. For week-to-week agreements, that notice period drops to seven days.

These timelines are meant to give tenants a fair opportunity to prepare or decide whether to continue the tenancy under new terms.

While Illinois law does not impose rent control at the state level, some local ordinances may introduce their own rules or restrictions. Tenants living in cities with additional protections should review both local and state laws to fully understand their rights.

Let’s say a landlord in Cook County gives verbal notice of a rent increase and expects payment the following week. Without proper written documentation and advance timing, that change would be unenforceable—and possibly unlawful.

Every rental agreement must honor the timing and structure set out in Illinois landlord-tenant regulations.

8. Proper Notice Must Be Given Before Lease Termination

Ending a lease isn’t as simple as handing over a letter and expecting the tenant to leave. In Illinois, timing, format, and delivery of written notice are all legally defined—and skipping any step can stop the process in its tracks.

After discussing how rent payments can change, it’s equally important to understand how and when a landlord can bring a tenancy agreement to an end.

If the lease is month-to-month, the landlord must give a 30-day notice before terminating it. For year-to-year leases, that window extends to 60 days. These notice periods ensure tenants have time to find another rental unit or make other arrangements.

Evictions follow stricter timelines. When dealing with non-payment of rent, landlords must issue a 5-day notice. This brief window gives tenants the opportunity to either pay rent or face potential eviction proceedings. In cases involving a lease violation, the required notice increases to 10 days, allowing the tenant a chance to correct the issue or prepare for a legal response.

Importantly, these notices must be in writing, must include specific information, and must comply with both state law and any applicable local ordinances. In cities like Chicago or areas within Cook County, additional notice rules may apply under regional tenant protection laws.

For example, if a landlord tries to evict a tenant for damages without issuing the proper tenant notice, the court may dismiss the case entirely. And if the tenant is covered by protections under the Illinois Retaliatory Eviction Act, any action perceived as punishment for asserting tenant rights could backfire legally.

Lease terminations come with serious consequences for both sides. That’s why proper notice isn’t a suggestion—it’s a legal requirement.

9. Retaliation Against Tenants Is Strictly Prohibited

A tenant reports a leaking ceiling, and suddenly their rent goes up. Another joins a local tenant group, and weeks later receives an eviction notice. These aren’t coincidences—they’re red flags. And in Illinois, they’re also illegal.

Building on the importance of written notice and proper lease termination, Illinois law goes one step further to ensure tenants are protected after asserting their rights.

Under the Illinois Landlord Retaliation Act, landlords cannot take adverse action simply because a tenant reported code violations, requested necessary repairs, filed a complaint with housing authorities, or participated in a tenant union.

Retaliation can take many forms. A landlord might attempt to raise rent, reduce essential services, refuse to renew a rental agreement, or threaten eviction shortly after a tenant exercises a protected right. If the timing suggests retaliation rather than a neutral lease decision, courts take that seriously.

Let’s say a tenant in a rental building contacts the city about faulty heat in the middle of winter. If, within a few weeks, the landlord tries to remove them or increase rent without justification, the tenant may have grounds for a claim under Illinois landlord-tenant law.

Penalties for retaliation are steep. A tenant may legally terminate the lease, reclaim their security deposit, and sue for up to two months’ rent or double the actual damages, plus court costs and attorney’s fees.

These protections aren’t just technicalities. They exist to uphold a fair landlord-tenant relationship and protect Illinois renters from being punished for standing up for their rights.

10. Discrimination Against Tenants Is Not Allowed

After addressing retaliation, there’s one more line no landlord can cross—and that’s discrimination. Choosing who gets to live in a rental property based on personal traits rather than qualifications is not only unethical, it’s illegal under both federal fair housing laws and Illinois landlord tenant law.

In Illinois, discrimination isn’t limited to the federal categories of race, color, religion, national origin, sex, disability, and familial status.

The Illinois Human Rights Act goes further, adding protections for age (40 and over), sexual orientation, gender identity, marital status, military status, and more. These protections apply at every stage of the landlord-tenant relationship, from screening a prospective tenant to lease renewal or eviction proceedings.

Consider a situation where a landlord refuses to rent to a single parent or denies an application after learning the tenant is a veteran. Both actions could violate state law, especially if the decisions are not based on income, credit, or rental history, but rather on protected characteristics.

There is one exception known as the “Mrs. Murphy exemption,” which allows small owner-occupied buildings with four or fewer units to be exempt from certain rules. However, even this exemption does not allow discrimination based on race.

No landlord, regardless of the size or type of property, is ever permitted to deny housing opportunities on racial grounds.

Violations can trigger serious consequences, including civil penalties, lawsuits, and compensation for damages. Tenants may also report offenses to the Illinois Department of Human Rights or the U.S. Department of Housing and Urban Development.

Whether written into a lease agreement or carried out subtly during tenant interactions, any discriminatory act is a legal risk no landlord can afford to ignore.

11. Landlords Cannot Forcibly Remove or Lock Out Tenants

After all the rules around notice, habitability, and fair treatment, it might seem obvious, but it still happens more often than it should. Landlords cannot take matters into their own hands by forcing tenants out of a rental unit. In Illinois, that kind of shortcut is illegal, and the penalties are steep.

Following the laws we’ve covered about proper eviction procedures, it’s worth emphasizing that only the county sheriff has the authority to carry out a physical eviction, and only after a court order is granted.

Landlords who skip the legal process and attempt a self-help eviction by changing locks, cutting off utility bills, or removing a tenant’s belongings are violating Illinois landlord-tenant law.

Let’s say a landlord grows frustrated after non payment of rent and decides to shut off the tenant’s water and change the locks. That action is not just unlawful—it opens the door to legal claims. The tenant may sue for damages, recover attorney’s fees, and regain possession of the unit through the court.

Even if a tenant fails to comply with a lease agreement, the law does not allow landlords to use intimidation or force. The eviction process must be handled through proper channels, which include notice, documentation, a court hearing, and enforcement by law enforcement, not the landlord.

For Illinois tenants, knowing these protections means they don’t have to leave quietly when facing unlawful pressure. And for landlords, following the legal path is not just a formality—it’s the only way to avoid expensive consequences and strained relationships.

12. Tenant Privacy Must Be Respected at All Times

After discussing unlawful lockouts, there’s another line landlords must never cross—entering a rental unit without proper notice. A lease doesn’t give landlords unlimited access to a tenant’s private space, and Illinois law makes that clear.

Respecting tenant rights includes honoring their right to privacy. In most situations, landlords must give at least 24-48 hours of written notice before entering the unit. This applies to visits for repairs, scheduled inspections, or showings to prospective tenants or buyers.

Entry should also take place during reasonable hours, typically aligned with normal business operations.

Let’s say a landlord shows up unannounced to check on a leaky faucet. Even if the intention is valid, the lack of notice could be seen as a legal violation. If a pattern of unauthorized entry occurs, tenants have the right to seek legal advice or pursue action for invasion of privacy.

There is one exception. If there’s an emergency that poses immediate risk to the rental property or the safety of its occupants—such as a fire, gas leak, or flooding—landlords may enter without notice. Outside of that, the rules are strict and must be followed.

Tenants are entitled to feel secure in their homes, whether they are in a fixed-term lease or a month-to-month tenancy. When that trust is broken, legal consequences follow quickly.

Know Your Rights, Follow the Rules

Renting in Illinois comes with clear expectations on both sides of the lease. Tenants are entitled to privacy, safety, fair treatment, and lawful notice. Landlords must honor legal procedures, respect personal space, maintain livable conditions, and avoid prohibited actions like discrimination or retaliation.

From handling security deposits to verifying military status, every step in the rental process is shaped by state law and, often, local requirements. Whether you’re a property owner or a tenant, it’s important to understand that compliance isn’t optional, and misunderstanding the rules can lead to costly consequences.

Local laws in cities like Chicago and counties like Cook may add extra layers of protection, so reviewing your area’s ordinances or speaking with legal counsel is always a wise move.

If you’re a landlord needing to verify a tenant’s military status before beginning eviction proceedings, make sure you’re covered. Visit SCRACVS to verify active duty status—quickly, securely, and with confidence.

FAQs

Can a landlord evict a tenant without going to court in Illinois?

No, a landlord cannot evict a tenant without a court order. Under Illinois landlord-tenant law, all eviction proceedings must follow the legal process. This includes providing the appropriate written notice, filing in court, and waiting for the county sheriff to carry out the eviction. Self-help evictions, such as changing locks or cutting utilities, are illegal and can lead to lawsuits, penalties, and court costs. Tenants facing unlawful removal should document the issue and seek legal advice immediately.

Can a landlord increase rent at any time?

It depends on the type of lease agreement. If you’re in a fixed-term lease, the landlord cannot raise rent until the term ends. For month-to-month tenancies, Illinois law requires the landlord to give at least 30 days’ written notice before increasing rent. There is no statewide rent control, but some areas may have additional rules under local ordinances. Always check your rental agreement and confirm whether local policies in cities like Chicago or Cook County affect how and when a rent adjustment can occur.

What is the 3X rent rule in Illinois?

The “3X rent rule” is not part of Illinois landlord-tenant law but is a common screening guideline used by landlords. It means a prospective tenant’s income should be at least three times the monthly rent payments. While legal, this rule must still comply with fair housing laws. It cannot be used to justify unequal treatment or discrimination against protected classes. Tenants who feel that an income rule was applied unfairly may be able to challenge it under the Fair Housing Act or local law.

What should I do if my landlord is not making necessary repairs?

Start by sending a written notice to your landlord describing the issue. Under Illinois landlord-tenant rules, landlords must maintain habitable conditions in the rental unit, including working plumbing, heat, and safe electrical systems. If repairs aren’t made within a reasonable time (usually 14 days), you may be allowed to withhold rent or pay for the repair and deduct the cost from your rent payments. If the landlord fails to act, contact your local housing authority and consider seeking legal advice.

How long can a tenant stay after the lease expires in Illinois?

If a tenant’s lease expires and no new agreement is signed, the tenancy typically shifts to a month-to-month rental agreement. In this case, the landlord must give 30 days’ written notice to end the lease. If the tenant fails to move out after notice is given, the landlord must follow proper eviction procedures through the court. Tenants do not have to leave immediately once the lease ends, but overstaying without agreement or notice can lead to legal action and eviction proceedings.