Types (6)
Commercial
For leasing retail, office, industrial, or mixed-use space to a business tenant under a fixed-term contract.
Lease-to-Own
Gives the tenant the option to buy the rental property at a predetermined price during or at the end of the lease, with a portion of rent often credited toward the purchase.
Month-to-Month
A tenancy with no fixed end date that continues until either party gives at least 30 days’ notice before the next rental period.
Roommate
Used by co-tenants to clarify how rent, utilities, cleaning, guest policies, and other shared responsibilities are handled.
Standard (Residential)
Commits a landlord and tenant to a set rental period, usually 1 year, under the Illinois Landlord and Tenant Act.
Sublease
Enables the original tenant to assign their rental space to a new occupant, who takes over obligations for the rest of the lease period.
Renting in Illinois
| Most Common Rental Type | Apartments |
| Average Rent | $1,322/mo |
| Households That Rent | 32.4% |
| Average Renter Household Size | 2.1 |
| Rental Vacancy Rate | 6.5% |
Source: U.S. Census Bureau, American Community Survey (2024)[16] & Housing Vacancy Survey (2024)[17]
What is an Illinois Lease Agreement?
An Illinois lease agreement spells out the terms of a rental for a set period, usually one year. It documents each party’s rights and obligations so that both sides have a clear reference throughout the tenancy.
Regardless of what the lease says, Illinois law guarantees an implied warranty of habitability, requiring landlords to keep every rental unit safe and livable. The state has also expanded mandatory disclosures to include flood risk and information about domestic violence protections available to tenants.
State Laws & Guides
Laws: 765 ILCS 705 – Landlord and Tenant Act | 765 ILCS 710 – Security Deposit Return Act | 765 ILCS 715 – Security Deposit Interest Act
Guides:
- Illinois Attorney General – Landlord and Tenant Rights and Laws (PDF)
- Your Guide to Landlord-Tenant Law (PDF)
- Illinois Housing Handbook (PDF)
When is Rent Due?
Illinois does not have a statute establishing when rent is due. The lease governs the due date.[1] Landlords must allow a 5-day grace period before charging a late fee.[15] Late fees cannot exceed $20 or 20% of the monthly rent, whichever is greater, and must be stated in the lease.[15]
Landlord’s Access
Emergency: Illinois does not have a state statute governing landlord access, but landlords are generally permitted to enter without notice in an emergency.
Non-Emergency: There is no state law requiring a specific notice period. The lease should clearly address entry terms, including when and how the landlord may enter. Landlords of properties in Chicago must provide at least 2 days’ notice and may only enter during reasonable hours under the Chicago Residential Landlord Tenant Ordinance.[2]
Landlord’s Duties
Under Illinois law, landlords must:[1]
- Building Codes: Comply with all applicable state and local building and housing codes.
- Habitability: Maintain the property in a condition fit for human habitation.
- Repairs: Make all necessary repairs to keep the premises safe and livable.
- Common Areas: Keep shared spaces clean, safe, and in good repair (multi-unit buildings).
- Locks: Change the locks between tenants and provide a signed disclosure confirming the change.
- Smoke Detectors: Provide smoke detectors throughout the premises.[13]
- Carbon Monoxide Detectors: Install CO detectors within 15 feet of every sleeping area in units that use fossil fuel or are connected to an enclosed garage.[14]
Tenant’s Duties
Tenants must comply with the following:[1]
- Rent: Pay rent on time and in the amount specified in the lease.
- Property Care: Keep the rental unit clean and free of damage beyond normal wear and tear.
- Utilities: Pay for utilities if required by the lease.
- Alterations: Do not alter the property without written permission from the landlord.
- Notice: Provide proper notice before vacating the premises.
Required Disclosures
Concession Granted (765 ILCS 730): If any rent concession is offered, the lease must display the words “Concession Granted” in letters at least half an inch high and describe the nature of the concession.[3]
Lead-Based Paint: Required under federal law for all dwellings built before 1978. The landlord must disclose known lead hazards and provide the EPA information pamphlet.[4]
Lock Changes (765 ILCS 705/15): Landlords must change the locks between tenants and sign a written disclosure confirming this was done.[5]
Foreclosure Notice (735 ILCS 5/9-207.5): Tenants must receive at least 90 days’ written notice when the rental property is facing foreclosure.[6]
Radon (420 ILCS 46): Landlords of units below the third story above ground level must disclose in writing if testing has detected elevated radon levels and provide tenants with the “Radon Guide For Tenants” pamphlet.[7]
Shared Utility Meter (765 ILCS 740/5): If tenants share a utility meter, the landlord must disclose the formula used to calculate each tenant’s share of the cost.[8]
Flood Risk (765 ILCS 705/25): Landlords must disclose in writing any risk of flooding before lease signing, including whether the property is in a FEMA Special Flood Hazard Area or if a lower-level unit has experienced flooding in the past 10 years.[11]
Summary of Rights for Safer Homes: As of January 1, 2026, landlords must include the state-issued Summary of Rights for Safer Homes as the first page of every written lease and renewal agreement.[12]
Security Deposits
Maximum Amount: Illinois does not set a maximum security deposit by statute.
Returning to Tenant: The deposit must be returned within 45 days of the tenant vacating. If the landlord withholds any portion, they must provide an itemized statement of deductions within 30 days, including estimated or actual repair costs with receipts.[9]
Deposit Interest: Required for landlords who own 25 or more units (in a single building or across multiple buildings). Interest must be paid within 30 days of each 12-month rental period at the rate determined by the Illinois State Comptroller.[10]
Uses of the Deposit: Landlords may deduct for unpaid rent and for repairing damage to the property beyond normal wear and tear.[9]
- Illinois Attorney General – Landlord and Tenant Rights and Laws
- Chicago Residential Landlord Tenant Ordinance § 5-12-050
- 765 ILCS 730 – Rent Concession Act
- 42 U.S.C. § 4852d – Lead-Based Paint Disclosure (EPA)
- 765 ILCS 705/15 – Lock Changes
- 735 ILCS 5/9-207.5 – Foreclosure Notice
- 420 ILCS 46 – Radon Awareness Act
- 765 ILCS 740 – Rental Property Utility Service Act
- 765 ILCS 710 – Security Deposit Return Act
- 765 ILCS 715 – Security Deposit Interest Act
- 765 ILCS 705/25 – Flood Risk Disclosure
- Illinois Safe Homes Act – Summary of Rights Requirement (2026)
- 425 ILCS 60 – Smoke Detector Act
- 430 ILCS 135 – Carbon Monoxide Alarm Detector Act
- 770 ILCS 95/7.10 – Late Fee Limitations
- U.S. Census Bureau, American Community Survey 2024 1-Year Estimates
- U.S. Census Bureau, Housing Vacancies and Homeownership Survey (2024)





