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.
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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.
- 4
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.
- 5
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.
- 7
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
30-Day Notice on a Month-to-Month Tenancy
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.
No Statewide Rent Cap
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.
No Mid-Lease Increase on a Fixed Term
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.
Delivery of the Notice
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.
Counting the Effective Date
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.
What the Notice Must State
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.
Local Ordinances May Set Longer Notice
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.
What a Short Notice Means
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.