Illinois Tenant Rights: A One-Year Shield Against Retaliation

By Steve Levine · Updated November 3, 2026

Short answer: Illinois tenant rights got stronger in 2025, when the Landlord Retaliation Act took effect: if a landlord ends your tenancy, raises rent or files for eviction within one year after you complain about conditions, retaliation is presumed, and you can recover two months’ rent or twice your damages under 765 ILCS 721/20 and 721/10. Illinois also lets you repair and deduct up to $500 or half a month’s rent, whichever is less.

Statewide, Illinois leaves a lot to the lease: there’s no statutory entry notice, no late-fee cap and no deposit cap. Chicago and some other cities add their own ordinances, but this guide covers the state floor that applies everywhere in Illinois, from the Illinois Compiled Statutes and the Attorney General’s landlord-tenant fact sheet.

Illinois tenant rights at a glance

Rule	Illinois	Statute
Retaliation presumption	Action within one year of protected activity	765 ILCS 721/20
Retaliation damages	Greater of 2 months’ rent or 2 times damages, plus attorney fees	765 ILCS 721/10
Repair and deduct	Lesser of $500 or half a month’s rent, after 14 days	765 ILCS 742/5
Unpaid rent notice	At least 5 days	735 ILCS 5/9-209
Ending month-to-month (landlord)	30 days’ written notice	735 ILCS 5/9-207(b)
Fees	Non-optional fees on page one; application fee generally capped at $50	765 ILCS 705/35
Local rent control	Prohibited	50 ILCS 825/5
Source of income discrimination	Prohibited	775 ILCS 5/3-102
Entry notice	No statewide statute	Lease controls

Where Illinois tenant rights come from

Illinois has no single residential landlord-tenant code. The state rules come from several acts: the Landlord and Tenant Act (765 ILCS 705), the Security Deposit Return Act (765 ILCS 710), the Residential Tenants’ Right to Repair Act (765 ILCS 742), the Landlord Retaliation Act (765 ILCS 721), the Safe Homes Act (765 ILCS 750), the Eviction Act in Article IX of the Code of Civil Procedure (735 ILCS 5/9), and the Illinois Human Rights Act. The Attorney General’s fact sheet notes that local ordinances may add more, and that tenants in federally subsidized housing have additional federal rights.

Repairs and the right to repair

The Attorney General’s fact sheet summarizes the landlord’s basic duties: keep the unit fit to live in, make necessary repairs, and comply with state and local health and housing codes.

Repair and deduct

Under 765 ILCS 742/5, if a repair is required by your lease or by a law, rule or local code, and it would reasonably cost no more than the lesser of $500 or half your monthly rent, you can notify the landlord in writing by registered or certified mail, or another restricted delivery service, that you intend to have it repaired at the landlord’s expense. If the landlord doesn’t make the repair within 14 days, or sooner in an emergency, you may have it done in a workmanlike manner and in compliance with code. After giving the landlord a paid bill from a tradesman or supplier unrelated to you, you can deduct the amount from rent, up to the cap and the customary price.

The act defines emergencies as conditions that would cause irreparable harm to the unit if not fixed immediately, or that pose an immediate threat to anyone’s health or safety. Under 765 ILCS 742/15, you’re responsible for making sure the work meets code and the person you hire is properly licensed and insured where required. Use our repair request letter guide to prepare the certified-mail notice.

Utilities the landlord doesn’t pay

The Attorney General’s fact sheet explains that under the Rental Property Utility Service Act, if your landlord fails to pay a utility bill it is legally responsible for, you may pay the bill and deduct the payment from your rent. Illinois has no general statewide rent-withholding statute for other repairs.

Deposits in brief

There’s no statewide cap on deposits. Under the Security Deposit Return Act, for buildings with five or more units, a landlord who keeps any part of your deposit must send an itemized statement of damages with paid receipts within 30 days after you move, or return it in full within 45 days. Landlords with 25 or more units in a building or complex must also pay interest on deposits held at least six months. See our Illinois security deposit law guide for penalties and how to sue.

Landlord entry

Illinois has no statewide statute setting advance notice for landlord entry. Your lease controls, along with any local ordinance where you live. If your lease is silent, ask the landlord to agree in writing to reasonable notice before non-emergency entry.

Rent increases, rent control and fees

The Rent Control Preemption Act, 50 ILCS 825/5, bars any unit of local government from enacting, maintaining or enforcing an ordinance that controls the amount of rent on private residential or commercial property. There’s no statewide cap either. The Attorney General’s fact sheet explains that a landlord can’t raise rent during a fixed-term lease, and on a month-to-month tenancy can raise it with 30 days’ notice, or seven days for week-to-week. That tracks the termination notices in 735 ILCS 5/9-207.

No state statute caps late fees or sets a grace period; the fact sheet says a landlord may charge a reasonable late fee. A 2025 law, 765 ILCS 705/35, does require every non-optional fee to appear on the first page of the lease, or you don’t have to pay it. The same section’s “junk fee” ban limits rental application fees, including background checks, to $50 unless the landlord passes through a higher third-party cost with receipts within 14 days. Read more about screening in our tenant screening report guide.

Eviction in Illinois

Notices

For unpaid rent, 735 ILCS 5/9-209 lets the landlord serve a written demand giving at least five days after service to pay; if you don’t pay in that time, the landlord may consider the lease ended and file an eviction case. The Attorney General’s fact sheet notes that a lease violation requires a 10-day notice, and that paying the rent within the 5-day period is a defense. To end a month-to-month tenancy, 735 ILCS 5/9-207(b) requires 30 days’ written notice; week-to-week needs seven.

Court, appeals and sealing

The landlord must file a lawsuit and serve you with a summons and complaint. The fact sheet lists your rights at trial, including a jury trial, presenting evidence and calling witnesses, and notes that an appeal must be filed within 30 days. Under 735 ILCS 5/9-121, a court may seal an eviction file if the landlord’s case was sufficiently without basis in fact or law and sealing is clearly in the interests of justice, and it must seal certain files, including cases dismissed under § 9-106. Our guide on how to seal an eviction record explains the request.

No lockouts

The Attorney General’s fact sheet is explicit: a landlord must file a lawsuit to evict you, cannot make you move by turning off utilities, and may not lock you out, change the locks or remove your belongings. Only a sheriff can physically evict you.

Retaliation and fair housing

The Landlord Retaliation Act, 765 ILCS 721/5, forbids a landlord from knowingly ending your tenancy, raising rent, cutting services, suing or threatening to sue for possession, or refusing to renew because you, in good faith, complained of code violations to a government agency or official, complained to or sought help from a community organization, asked the landlord for required repairs, joined a tenants’ union, testified about conditions, or exercised a legal right. If the landlord acts within one year after your protected conduct, retaliation is presumed (721/20). Remedies include a defense to eviction, ending the lease with your deposit returned, and the greater of two months’ rent or twice your damages, plus attorney fees (721/10). See our landlord retaliation guide.

The Illinois Human Rights Act, 775 ILCS 5/3-102, bars housing discrimination based on familial status, immigration status, source of income or arrest record, and on the categories the act defines as unlawful discrimination, including race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation and pregnancy. Refusing a housing voucher is illegal. Complaints go to the Illinois Department of Human Rights.

Breaking a lease

The Safe Homes Act, 765 ILCS 750/15, gives a tenant an affirmative defense against a claim for future rent if, when moving out, the tenant or a household member faced a credible imminent threat of domestic or sexual violence at the premises, or was a victim of sexual violence there, and the tenant gave the landlord written notice before or within three days of leaving. Servicemembers can terminate under 50 U.S.C. § 3955. If you leave without a protected reason, 735 ILCS 5/9-213.1 requires the landlord to take reasonable measures to mitigate damages.

Example: a Champaign repair complaint

Devon rents a Champaign apartment for $1,200 a month. In February, a bathroom faucet leaks constantly and a plumber quotes $240. That’s under the repair cap, which is the lesser of $500 or $600, half his rent. He sends the landlord a certified-mail notice on February 2. With no repair after 14 days, he has an unrelated licensed plumber fix it on February 18, gives the landlord the paid $240 bill, and pays $960 for March. In June, the landlord sends a notice that it won’t renew his lease. Because that came within a year of his repair request, 765 ILCS 721/20 presumes retaliation, and if the landlord can’t rebut it, Devon can recover at least $2,400, two months’ rent.

Where to get help in Illinois

Illinois Legal Aid Online publishes plain-language guides to eviction and repair rights, and the Illinois Courts site links to the state’s circuit courts. For the state-by-state picture, browse our tenant rights by state index.

Frequently Asked Questions

How long does the Illinois retaliation presumption last?

One year. Under 765 ILCS 721/20, if the landlord acts against you within a year after your protected activity, retaliation is presumed. The presumption doesn’t apply if your activity started after the landlord’s action.

Can I repair and deduct in Illinois?

Yes, for repairs costing no more than $500 or half a month’s rent, whichever is less. Send notice by certified or registered mail, wait 14 days unless it’s an emergency, use an unrelated tradesman, and give the landlord the paid bill.

Does my Illinois landlord have to give notice before entering?

No state statute requires a specific notice period. Your lease, or a local ordinance where you live, may.

Can my Illinois city pass rent control?

No. The Rent Control Preemption Act bars local governments from controlling rent on private residential property.

Can a landlord charge me a $100 application fee in Illinois?

Generally no. Under 765 ILCS 705/35, application fees, including background checks, are capped at $50 unless the landlord passes through a higher third-party background check cost and bills you with receipts within 14 days.

This information is general and isn’t legal advice. If you receive a 5-day notice or eviction summons, contact a legal aid program through Illinois Legal Aid Online or LSC’s get legal help search, and go to court on your hearing date.

Local rules can add to state law. Read our city guides for Chicago, Evanston.

Sources

Owed money from a settlement? Check what is open at OpenClassActions.com. Caring for someone with dementia? Find practical guides at HelpDementia.com. Working out a skin routine? Evidence-based answers at AcneAdvocate.com. Forgot the name of a movie? Identify it at FindThisMovie.com. Was your data exposed? Track active breaches at DataBreachRadar.com.