Illinois Rent Increase Notice
Illinois has no dedicated rent-increase statute. To raise the rent on a month-to-month tenancy a landlord gives at least 30 days written notice under 735 ILCS 5/9-207, and Illinois has no statewide rent cap. Attorney review available.
Introduction
In Illinois the address on the lease can change the notice. Statewide, Illinois has no dedicated rent-increase statute, so a landlord raises the rent on a month-to-month tenancy by giving the written notice that ends a tenancy of less than one year: 30 days under 735 ILCS 5/9-207(b), or 7 days for a week-to-week tenancy under 735 ILCS 5/9-207(a). But Chicago sets its own, longer clock. Under the Residential Landlord and Tenant Ordinance, rent-increase notice scales with how long the tenant has lived there, running 30, 60, or 120 days (Chicago Municipal Code 5-12-130), a local rule that is not statewide. A rent increase notice is the written notice carrying the new rent, naming the amount and its effective date. On the amount Illinois imposes no limit: there is no statewide rent cap, and the Rent Control Preemption Act (50 ILCS 825) bars any unit of local government from controlling the rent charged, so a landlord may set the new figure with no percentage ceiling, even in Chicago. Rent under a fixed-term lease cannot move mid-term unless the lease allows it; the notice applies to a month-to-month tenancy or takes effect at renewal. The notice must be in writing and delivered to the tenant. DocDraft builds your Illinois rent increase notice from your facts, with attorney review available before you serve it.
Key Things to Know
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An Illinois rent increase notice is a written notice from landlord to tenant raising the rent on a residential tenancy, naming the new monthly rent and the date the increase takes effect.
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Illinois has no dedicated rent-increase statute; a month-to-month tenancy is a tenancy for less than one year that a landlord ends on 30 days written notice under 735 ILCS 5/9-207(b), so a rent increase on it is given with at least 30 days written notice.
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A week-to-week tenancy takes only 7 days written notice under 735 ILCS 5/9-207(a), while any tenancy for a term under one year takes 30 days.
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Illinois has no statewide rent cap, and the Rent Control Preemption Act (50 ILCS 825) bars any unit of local government from controlling the rent charged, so the landlord may set the new figure with no percentage ceiling.
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Rent under a fixed-term lease cannot move mid-term unless the lease allows it; the notice applies to a month-to-month tenancy or takes effect at renewal.
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The 30-day notice under 735 ILCS 5/9-207 must be in writing and delivered to the tenant; keep proof of how and when it was served in case the increase is later disputed.
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Some Illinois cities add longer notice: Chicago ties rent-increase notice to tenancy length, running 30, 60, or 120 days (Chicago Municipal Code 5-12-130), a local rule not a statewide one, and a notice short of the required time does not take effect until a proper period runs.
Key decisions before you file
Before you file a Rent Increase Notice in Illinois, a few decisions shape the document: which option to choose and what each one means. The Rent Increase Notice guide walks through them.
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Illinois Requirements for Rent Increase Notice
Illinois has no dedicated rent-increase statute. A month-to-month tenancy is a tenancy for less than one year that a landlord ends on 30 days written notice under 735 ILCS 5/9-207(b), so a rent increase on a month-to-month tenancy is given with at least 30 days written notice; a week-to-week tenancy takes 7 days under 735 ILCS 5/9-207(a). The effective date must give the tenant at least that many days.
Illinois has no statewide rent cap. The Rent Control Preemption Act (50 ILCS 825) bars units of local government from enacting or enforcing any measure that controls the amount of rent charged for private residential property, so an Illinois landlord may set the new amount and no statewide percentage ceiling applies.
Rent on a fixed-term lease cannot be raised during the term unless the lease specifically allows it, because the rent is a fixed term of the contract. An Illinois rent increase notice applies to a month-to-month tenancy or takes effect when a fixed-term lease renews.
The 30-day notice under 735 ILCS 5/9-207 must be in writing and delivered to the tenant. Illinois does not add statutory mailing days to this notice, so count the full period from delivery, and keep proof of how and when the notice was served in case the increase is later disputed.
Count at least 30 days from when the notice is delivered for a month-to-month tenancy under 735 ILCS 5/9-207(b). Where a city ordinance sets a longer period, count that longer period instead. The increase takes effect only on or after the first day past that period stated in the notice.
The notice should identify the landlord and tenant, give the rental address, state the current monthly rent and the new monthly rent, and state the effective date, confirming it gives at least the 30 days written notice 735 ILCS 5/9-207(b) uses for a month-to-month tenancy. Where a city ordinance applies, the notice should give the longer local period.
Because Illinois has no statewide rent-increase day-count, some cities set their own notice rules. Chicago ties rent-increase notice to tenancy length under the Residential Landlord and Tenant Ordinance: at least 30 days for a tenancy under six months, 60 days for six months to three years, and 120 days for more than three years (Chicago Municipal Code 5-12-130). This is a local rule, and local ordinances cannot cap the amount because the Rent Control Preemption Act bars local rent control.
A rent increase served with less time than the law requires does not take effect on the stated date. Under 735 ILCS 5/9-207, a month-to-month increase is effective only after at least 30 days written notice runs, and where a city ordinance applies, only after the longer local period runs. A tenant may treat a short or improper notice as not yet effective and continue paying the prior rent until a proper period passes.
Frequently Asked Questions
In Illinois it is a written notice from a landlord raising the rent on a residential tenancy, naming the new monthly rent and the date it takes effect. Illinois has no standalone rent-increase statute, so on a month-to-month tenancy the landlord gives the written notice that would end a tenancy of less than one year under 735 ILCS 5/9-207. It changes one term, the rent, going forward, and rent under a fixed-term lease cannot move mid-term unless the lease allows it.
On a month-to-month tenancy, at least 30 days written notice. Illinois has no dedicated rent-increase day-count, so the increase follows the notice that ends a tenancy for less than one year under 735 ILCS 5/9-207(b), which is 30 days; a week-to-week tenancy takes 7 days under 735 ILCS 5/9-207(a). Some cities require more: Chicago uses 30, 60, or 120 days by tenancy length under a local ordinance. The increase takes effect only after that time runs.
No. Illinois has no statewide rent cap. The Rent Control Preemption Act (50 ILCS 825) bars any unit of local government from enacting a measure that controls the rent charged for private residential property, so an Illinois landlord may set the new figure with no percentage ceiling. The limits are proper written notice and, where a fixed-term lease applies, the terms of that lease.
Generally no. In Illinois, rent under a fixed-term lease is a set term of the contract, so it cannot move mid-term unless the lease allows it. A rent increase notice applies to a month-to-month tenancy, or takes effect when a fixed-term lease renews. On a month-to-month tenancy the landlord raises the rent with at least 30 days written notice under 735 ILCS 5/9-207.
The 30-day notice under 735 ILCS 5/9-207 must be in writing and delivered to the tenant. An Illinois landlord commonly hands it to the tenant or serves it as Illinois allows for a notice ending a short tenancy. Illinois adds no statutory mailing days, so count the full 30 days from delivery. Keep proof of how and when it was served in case the increase is later disputed.
An Illinois rent increase notice should name the landlord and tenant, the rental address, the current and new monthly rent, and the effective date. It should confirm the notice gives at least the 30 days written notice 735 ILCS 5/9-207(b) uses for a month-to-month tenancy, and state how rent is to be paid. Where a city ordinance such as Chicago applies, the notice should give the longer local period.
Yes. Because Illinois has no statewide rent-increase day-count, some cities set their own notice rules. Chicago ties rent-increase notice to how long the tenant has lived there under the Residential Landlord and Tenant Ordinance: at least 30 days for a tenancy under six months, 60 days for six months to three years, and 120 days for more than three years (Chicago Municipal Code 5-12-130). Local ordinances still cannot cap the amount, because the Rent Control Preemption Act bars local rent control.
An Illinois increase served with less time than the law requires does not take effect on the date stated. Under 735 ILCS 5/9-207, a month-to-month increase is effective only after at least 30 days written notice runs, and where a Chicago-style ordinance applies, only after the longer local period runs. A tenant may treat a short or improper notice as not yet effective and keep paying the prior rent until a proper period passes.