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Illinois Residential Lease Agreement

Illinois sets no statutory security deposit cap, but requires the deposit back within 45 days (or an itemized statement within 30 days). Free lease template. Attorney review available.

Introduction

A residential lease agreement is a legally binding contract between a landlord and a tenant that sets the terms under which the tenant rents the landlord's residential property, including the rent, the term, the security deposit, each side's responsibilities, and how the tenancy ends. In Illinois, state law sets no dollar limit on how much a landlord can charge for a security deposit, though one month's rent is typical in practice. Under the Security Deposit Return Act, a landlord who plans to withhold any part of the deposit must give the tenant an itemized statement of damages and receipts within 30 days of move-out; if no statement is furnished, the full deposit is due back within 45 days. Landlords of buildings with 25 or more units must also pay interest on a deposit held more than six months. Illinois requires the federal lead-based paint disclosure for pre-1978 housing, plus a state radon disclosure under the Illinois Radon Awareness Act for units below the third story. Illinois has no statewide statute requiring advance notice before a landlord enters a rental unit, though some cities, including Chicago, impose their own notice rules by ordinance. Ending or changing a month-to-month tenancy generally requires 30 days' written notice, and Illinois has no statewide rent-control law. Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A residential lease agreement is a binding contract that sets the rent, term, deposit, and responsibilities for renting a home, and spells out how the tenancy can end.

  2. 2

    Illinois sets no statutory cap on the security deposit amount, though one month's rent is common. The landlord must return it in full within 45 days of move-out, or furnish an itemized statement of damages and receipts within 30 days if withholding any part of it.

  3. 3

    In buildings of 25 or more units, the landlord must pay interest on a deposit held more than 6 months. The state-set rate has been extremely low in recent years (0.005% as of the most recent notice), so the dollar amount is typically small.

  4. 4

    Required disclosures include the federal lead-based paint disclosure for housing built before 1978, and, under the Illinois Radon Awareness Act, a radon information pamphlet and disclosure form for units below the third story. If rent includes a share of a master-metered utility bill, the landlord must also disclose the allocation formula in writing.

  5. 5

    Illinois has no statewide law requiring a landlord to give advance notice before entering a rental unit; the practice is reasonable notice, and some cities such as Chicago require 48 hours' notice by local ordinance.

  6. 6

    There is no statewide statutory cap on late fees and no statutory grace period before a late fee applies; the landlord may charge a reasonable fee. Some cities, including Chicago, cap late fees locally.

  7. 7

    Ending a month-to-month tenancy takes 30 days' written notice (60 days for a year-to-year tenancy), and a rent increase on a month-to-month lease takes the same 30 days' notice. Illinois has no statewide rent-control law; a state Rent Control Preemption Act bars local governments from enacting one.

Key decisions before you file

Before you file a Residential Lease Agreement in Illinois, a few decisions shape the document: which option to choose and what each one means. The Residential Lease Agreement guide walks through them.

Open the Residential Lease Agreement guide

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ILLINOIS RESIDENTIAL LEASE AGREEMENT

  1. PARTIES AND PREMISES This Residential Lease Agreement is made on [DATE] between [LANDLORD NAME] ("Landlord" or "Lessor") and [TENANT NAME] ("Tenant" or "Lessee") for the rental property at [ADDRESS], Illinois ("Premises").

  2. TERM The lease is [a fixed term beginning DATE and ending DATE / a month-to-month tenancy beginning DATE]. On a month-to-month tenancy, either party may end the tenancy with 30 days' written notice (60 days for a year-to-year tenancy).

  3. RENT Tenant shall pay $[AMOUNT] per month, due on the [DAY] of each month. Illinois sets no statewide statutory cap on late fees and no statutory grace period; Landlord may charge a reasonable late fee, and local ordinances in some cities, including Chicago, set their own late-fee limits and grace periods.

  4. SECURITY DEPOSIT Tenant shall pay a security deposit of $[AMOUNT]. Illinois law sets no statutory cap on the deposit amount. If Landlord withholds any part of the deposit, Landlord must furnish an itemized statement of damages and receipts within 30 days of Tenant vacating; if no such statement is furnished, Landlord must return the full deposit within 45 days (Security Deposit Return Act, 765 ILCS 710). If the Premises are in a building of 25 or more units, Landlord must also pay interest on the deposit if held more than 6 months, at the rate set annually under the Security Deposit Interest Act (765 ILCS 715).

  5. DISCLOSURES For housing built before 1978, Landlord provides the federal Lead-Based Paint disclosure and pamphlet (42 U.S.C. 4852d). For units below the third story, Landlord provides the Illinois radon information pamphlet, any records of a known radon hazard, and the signed Disclosure of Information on Radon Hazards to Tenants form (Illinois Radon Awareness Act, 420 ILCS 46). If Tenant is billed a proportionate share of a master-metered public utility, Landlord discloses the allocation formula in writing before demanding payment (765 ILCS 740).

  6. ENTRY Illinois has no statewide statute requiring advance notice before Landlord enters the Premises; Landlord will give reasonable notice except in an emergency. [If the Premises are in a municipality with its own notice ordinance, such as Chicago's 48-hour rule, that local notice period controls.]

  7. MAINTENANCE AND USE Tenant shall keep the Premises clean and undamaged and use them only for lawful residential purposes. Landlord shall maintain the Premises in compliance with applicable Illinois and local housing codes. Landlord may not evict Tenant in retaliation for a good-faith complaint to a governmental authority (Retaliatory Eviction Act, 765 ILCS 720).

  8. TERMINATION Either party may end a month-to-month tenancy with 30 days' written notice; a year-to-year tenancy generally requires 60 days' notice. A rent increase on a month-to-month tenancy requires 30 days' written notice (7 days for week-to-week); rent may not be increased during a fixed term. Illinois has no statewide rent-control law; the Rent Control Preemption Act (50 ILCS 825) bars local governments from enacting one.

Landlord signature: _____________________ Date: _______ Tenant signature: _____________________ Date: _______

Note: This is an Illinois lease skeleton. It does not require notarization or witnesses. For the complete, customizable template, see the full Residential Lease Agreement template.

Illinois Requirements for Residential Lease Agreement

No Statutory Security Deposit Cap

Illinois law sets no dollar limit on the security deposit a landlord can require, though one month's rent is common practice. The Security Deposit Return Act (765 ILCS 710) instead controls how and when the deposit must be returned.

Return the Deposit Within 45 Days, or Itemize Within 30

If withholding any part of the deposit, the landlord must give the tenant an itemized statement of damages and paid receipts within 30 days of move-out. If no such statement is furnished, the landlord must return the full deposit within 45 days (Security Deposit Return Act, 765 ILCS 710).

Pay Deposit Interest in Buildings of 25 or More Units

In a building or complex of 25 or more units, the landlord must pay interest on a security deposit held more than 6 months, at the rate set annually under the Security Deposit Interest Act (765 ILCS 715). The current state-set rate has been very low (0.005% as of the most recent notice), so confirm the current rate before relying on a specific amount.

Provide the Federal Lead-Based Paint Disclosure

For housing built before 1978, federal law requires the landlord to give the tenant the lead-based paint disclosure and EPA pamphlet before the lease is signed (42 U.S.C. Section 4852d). This applies nationwide, including in Illinois.

Provide the Illinois Radon Disclosure

For a unit below the third story, the landlord must give the tenant the IEMA Radon Guide for Tenants pamphlet, any records showing a radon hazard, and a signed Disclosure of Information on Radon Hazards to Tenants form before the lease is entered into. Testing is not required (Illinois Radon Awareness Act, 420 ILCS 46).

Disclose the Utility Allocation Formula for Master-Metered Billing

If the lease charges the tenant a proportionate share of a master-metered public utility, the landlord must first give the tenant, in writing, the formula used to allocate that charge, and make the underlying utility bill available on request (Tenant Utility Payment Disclosure Act, 765 ILCS 740).

No Statewide Entry-Notice Statute

Illinois has no statewide statute requiring a landlord to give advance notice before entering an occupied rental unit; reasonable notice is the general practice. Some municipalities, such as Chicago, impose their own notice period (48 hours) by local ordinance, so check local rules for the rental's location.

No Statewide Rent Control; 30-Day Termination and Rent-Increase Notice

Illinois has no statewide rent-control law, and the Rent Control Preemption Act (50 ILCS 825) bars local governments from enacting one. Ending or raising rent on a month-to-month tenancy takes 30 days' written notice (7 days for week-to-week; 60 days to end a year-to-year tenancy); rent cannot be raised during a fixed term.

Frequently Asked Questions

An Illinois residential lease should name the landlord and tenant, describe the rental property, state the rent amount and due date, the term (fixed-term or month-to-month), the security deposit amount, and each side's responsibilities. It should also include any required disclosures, such as the federal lead-based paint disclosure for pre-1978 housing and, for lower-floor units, the Illinois radon disclosure.

Illinois sets no statutory limit on the security deposit amount; one month's rent is a common practice but not a legal requirement. The landlord must return the deposit in full within 45 days after the tenant moves out, or, if withholding part of it, provide an itemized statement of damages and receipts within 30 days.

Yes. A free residential lease agreement template is available to generate and you can customize it with Illinois-specific terms, such as the deposit and disclosure language described here. Attorney review is available afterward as an optional add-on before you sign.

No. Illinois law does not require a residential lease to be notarized or witnessed to be valid. The lease is enforceable once both the landlord and tenant sign it. Some landlords choose notarization for their own recordkeeping, but it is not a legal requirement for a lease.

Illinois has no statewide statute requiring a landlord to give advance notice before entering an occupied rental unit. Reasonable notice is the general practice, and some cities have their own rules. Chicago's local ordinance, for example, requires 48 hours' notice for non-emergency entry, so check whether your municipality has adopted a similar rule.

Federal law requires the lead-based paint disclosure for housing built before 1978. Illinois additionally requires a radon disclosure, including an information pamphlet and a signed disclosure form, for units on floors below the third story, under the Illinois Radon Awareness Act. If the lease bills the tenant a share of a master-metered utility, the landlord must also disclose the allocation formula in writing before demanding payment.

Either party can end a month-to-month tenancy in Illinois with 30 days' written notice (a year-to-year tenancy generally takes 60 days' notice). A landlord raising the rent on a month-to-month lease must likewise give 30 days' written notice (7 days for a week-to-week lease). A landlord cannot raise the rent during a fixed term.

No statewide statute caps residential late fees or requires a grace period before one applies; state law allows a landlord to charge a reasonable late fee. Some cities set their own limits, for example Chicago's ordinance, so check local rules where the rental property is located.