Illinois Lease Agreement

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Illinois security deposit rules

At a glance
Security deposit limit
No limit
Deposit return deadline
45 days; a second deadline applies to deductions
Source read · 765 ILCS 710/1; 765 ILCS 715/1

General-purpose template. Built for Illinois from our state data; it adds Illinois clauses where your answers call for them, and they have not yet been reviewed by us.

Illinois landlord-tenant rules, with sources

Each rule comes from a record LeaseCraft read at the official source and is followed by its citation; it is general information, not legal advice.

Security deposits in Illinois

Deposit limit, return and deductions
  • No statewide deposit limit. To keep any of the deposit for damage, the landlord must send an itemized statement with paid receipts within 30 days after the tenant moves out (or after the right of possession ends, if later); otherwise the full deposit is due within 45 days (765 ILCS 710/1). Since January 1, 2024 this applies to every residential landlord, whatever the number of units. Interest is owed only where the property has 25 or more units and the deposit is held more than 6 months (765 ILCS 715/1). Local ordinances can add rules.

Source read · 765 ILCS 710/1; 765 ILCS 715/1

Interest on the deposit
  • The reviewed rule gives no simple yes or no for Illinois.

Source read · 765 ILCS 710/1; 765 ILCS 715/1

Ending a tenancy in Illinois

Notice to end a month-to-month tenancy:30 calendar days
  • Tenancy for any term less than one year other than week-to-week (includes month-to-month): landlord may terminate by 30 days' written notice (735 ILCS 5/9-207(b)), except as provided in 9-207.5 (post-foreclosure tenancies).

Quoted from the source:

“the landlord may terminate the tenancy by 30 days' notice, in writing, and may maintain an action for eviction or ejectment”

Source read · 735 ILCS 5/9-207(b)

Notice to end a week-to-week tenancy:7 calendar days
  • Week-to-week tenancy: landlord may terminate by 7 days' written notice (735 ILCS 5/9-207(a)).

Quoted from the source:

“the landlord may terminate the tenancy by 7 days' notice, in writing, and may maintain an action for eviction or ejectment”

Source read · 735 ILCS 5/9-207(a)

Just-cause requirement:No statewide requirement found
  • No statewide good-cause requirement in the Eviction Act (735 ILCS 5/Art. IX); periodic tenancies terminable on 30/7 days' notice without cause.

Quoted from the source:

“the landlord may terminate the tenancy by 30 days' notice, in writing”

Source read · 735 ILCS 5/9-207

Rent, late fees and unpaid rent in Illinois

Notice before filing for unpaid rent:5 calendar days
  • Landlord may, any time after rent is due, demand payment and notify the tenant in writing that unless payment is made within a time stated in the notice, not less than 5 days after SERVICE, the lease will be terminated (735 ILCS 5/9-209).
  • If tenant fails to pay within the time stated, landlord may consider the lease ended and file without further notice or demand.

Quoted from the source:

“unless payment is made within a time mentioned in such notice, not less than 5 days after service thereof, the lease will be terminated”

Exceptions:

  • Collection of past-due rent after the eviction suit is filed does not invalidate the suit; acceptance of partial payment before filing waives the notice unless landlord agreed in writing to continue the lease for partial payment.

Source read · 735 ILCS 5/9-209

Lease violations in Illinois

Notice to fix a lease violation:10 calendar days
  • Default in any term of the lease: no more than 10 days' notice to quit is necessary (735 ILCS 5/9-210). The STATUTE GRANTS NO RIGHT TO CURE — the statutory form says the landlord 'ha[s] elected to terminate your lease'.
  • Notice must be signed by the lessor or agent and state the character of the default; may be substantially in the statutory form.

Quoted from the source:

“When default is made in any of the terms of a lease, it is not necessary to give more than 10 days' notice to quit”

Source read · 735 ILCS 5/9-210

Notice that gives no chance to fix:10 calendar days
  • Any lease default: 10-day notice to quit with no statutory cure right (735 ILCS 5/9-210).
  • Use of the premises for a felony or Class A misdemeanor (735 ILCS 5/9-120): lease void at lessor's option; eviction may be filed if tenant has not vacated within 5 days after RECEIPT of a written notice to vacate.

Quoted from the source:

“if the tenant or occupant has not vacated the premises within 5 days after receipt of a written notice to vacate the premises”

Source read · 735 ILCS 5/9-210; 735 ILCS 5/9-120

Serving a notice in Illinois

How a notice may be delivered
  • 735 ILCS 5/9-211: deliver a written/printed copy to the tenant; or leave it with a person aged 13 or older residing on or in possession of the premises; or send by certified or registered mail with return receipt from the addressee; or, only when no one is in actual possession, post on the premises.

Quoted from the source:

“leaving the same with some person of the age of 13 years or upwards, residing on or in possession of the premises”

Source read · 735 ILCS 5/9-211

Required form or wording
  • Mandatory contents, no mandatory form: the 5-day nonpayment notice must prominently state 'Only FULL PAYMENT of the rent demanded in this notice will waive the landlord's right to terminate the lease under this notice, unless the landlord agrees in writing to continue the lease in exchange for receiving partial payment.' (735 ILCS 5/9-209). The 10-day notice 'may be substantially in the following form' (735 ILCS 5/9-210 statutory form) and must be signed by the lessor or agent.

Quoted from the source:

“Only FULL PAYMENT of the rent demanded in this notice will waive the landlord's right to terminate the lease under this notice”

Source read · 735 ILCS 5/9-209; 735 ILCS 5/9-210

Lease wording Illinois statutes call for

Security deposit interest

Source read · 765 ILCS 715

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Frequently asked questions

  • Illinois sets no statewide security deposit limit. The return deadline is 45 days; a second deadline applies to deductions. No statewide deposit limit. To keep any of the deposit for damage, the landlord must send an itemized statement with paid receipts within 30 days after the tenant moves out (or after the right of possession ends, if later); otherwise the full deposit is due within 45 days (765 ILCS 710/1). Since January 1, 2024 this applies to every residential landlord, whatever the number of units. Interest is owed only where the property has 25 or more units and the deposit is held more than 6 months (765 ILCS 715/1). Local ordinances can add rules.

  • 30 calendar days. Tenancy for any term less than one year other than week-to-week (includes month-to-month): landlord may terminate by 30 days' written notice (735 ILCS 5/9-207(b)), except as provided in 9-207.5 (post-foreclosure tenancies).

  • 5 calendar days. Landlord may, any time after rent is due, demand payment and notify the tenant in writing that unless payment is made within a time stated in the notice, not less than 5 days after SERVICE, the lease will be terminated (735 ILCS 5/9-209). If tenant fails to pay within the time stated, landlord may consider the lease ended and file without further notice or demand.

  • No statewide requirement found. No statewide good-cause requirement in the Eviction Act (735 ILCS 5/Art. IX); periodic tenancies terminable on 30/7 days' notice without cause. Source: 735 ILCS 5/9-207.

  • 10 calendar days. Default in any term of the lease: no more than 10 days' notice to quit is necessary (735 ILCS 5/9-210). The STATUTE GRANTS NO RIGHT TO CURE — the statutory form says the landlord 'ha[s] elected to terminate your lease'. Notice must be signed by the lessor or agent and state the character of the default; may be substantially in the statutory form.

  • 735 ILCS 5/9-211: deliver a written/printed copy to the tenant; or leave it with a person aged 13 or older residing on or in possession of the premises; or send by certified or registered mail with return receipt from the addressee; or, only when no one is in actual possession, post on the premises.

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