Landlord–Tenant Law in Illinois

We represent both landlords and tenants — residential and commercial — across central Illinois, on the leases that set the terms and the disputes that follow when one side doesn't hold up its end.

For landlords, the costly mistakes are usually procedural: the wrong notice, the wrong number of days, a mishandled security deposit. For tenants, it's not knowing what the law actually requires of the landlord. We handle both sides of that.

Leases — residential and commercial

The lease is the contract, and most disputes are decided by what it says (or fails to say). Residential leases run up against statutory tenant protections; commercial leases are largely what the parties negotiate, which makes the drafting that much more important — use clauses, CAM charges, defaults, renewal, and remedies. We draft and review both so the document does its job when it's tested.

The eviction process (Eviction Act / 735 ILCS 5/9)

Illinois evictions run under the Eviction Article of the Code of Civil Procedure (the former Forcible Entry and Detainer Act). It is a fast, specific process — and it's unforgiving of mistakes. A landlord cannot self-help by changing locks or removing belongings; possession comes only through the court. The case almost always starts with the right written notice:

• Nonpayment of rent — 5-day notice. A landlord demands the rent in writing; if it isn't paid within at least 5 days, the lease can be terminated and an eviction filed.
• Lease violation — 10-day notice. For a breach other than rent, a 10-day notice terminates the tenancy.
• Ending a month-to-month — 30-day notice. A month-to-month tenancy can generally be ended with 30 days' written notice before the next rental period.

Serve the wrong notice, or count the days wrong, and the case can be dismissed and started over — weeks lost. We get the notice and the service right the first time.

Security deposits

Illinois has two separate statutes, and which one applies turns on the size of the building:

• Security Deposit Return Act (765 ILCS 710). Applies to landlords of buildings with 5 or more units. The landlord must give an itemized statement of any damages withheld within 30 days, with supporting receipts or estimates to follow, or lose the right to withhold — and a wrongful withholding can expose the landlord to the deposit plus twice the amount improperly withheld.
• Security Deposit Interest Act (765 ILCS 715). Applies to landlords of buildings with 25 or more units, requiring interest on deposits held more than six months, paid annually.

Smaller landlords aren't covered by these acts, but local ordinances and the lease still govern — so "the act doesn't apply" is rarely the end of the analysis. We sort out which rules actually control your property.

Habitability and repairs

Residential landlords owe tenants a basic standard of habitable conditions, and tenants have remedies when serious problems go unaddressed — and obligations of their own. Many central Illinois municipalities add their own code requirements on top. We advise landlords on staying compliant and tenants on what they can actually demand and how.