IL · Renter law

Which lease clauses are illegal in Illinois?

Illinois state law leaves deposit amounts to the lease but voids several common clauses, and new limits on rental fees start with leases signed in 2027. Here’s what each problem clause looks like.

Updated October 15, 2026 · 8min read · How we check the law

The short answer

In Illinois, a lease can’t excuse the landlord from liability for its own negligence, waive your right to a jury in an eviction case, require rent by autopay only, or force you to pay portal fees with no free way to pay. A landlord also can’t refuse to try to re-rent the unit if you leave early. For leases signed from January 1, 2027, application fees are capped at $50 in most cases (765 ILCS 705/1, 705/4, 705/3.5, 705/35; 735 ILCS 5/9-108, 5/9-213.1).

Below are 9 lease clauses that Illinois law voids or limits, each with an example of how it tends to read in a real lease and the statute behind it. A landlord can still print them; what the law decides is whether they can be enforced against you.

One limit on this guide: Chicago’s Residential Landlord and Tenant Ordinance and Cook County’s ordinance add protections beyond state law. Our scan doesn’t apply those local rules yet, so a Chicago lease is checked against Illinois state law only.

9 lease clauses that break Illinois law

1. Excusing the landlord’s own negligence

Lease language to watch for
“Landlord shall not be liable for any injury to persons or property, including injury caused by Landlord’s negligence.”
What the law says765 ILCS 705/1
Any lease term exempting the landlord from liability for injuries or property damage caused by its own negligence, or its agents’, in operating or maintaining the property is void.
Read the official text

2. Waiving a jury in an eviction case

Lease language to watch for
“Tenant waives trial by jury in any action arising out of this Lease.”
What the law says735 ILCS 5/9-108
In an eviction case over a home, either side may demand a jury trial, whatever the lease says.
Read the official text

3. Rent only by autopay

Lease language to watch for
“Rent shall be paid by recurring ACH debit only.”
What the law says765 ILCS 705/4
A landlord may not require rent to be paid by electronic transfer, including autopay. Offering it as an option is fine.
Read the official text

4. A fee-charging portal with no free way to pay

Lease language to watch for
“All payments must be made through the online portal. A $2.95 processing fee applies.”
What the law says765 ILCS 705/3.5
If the landlord’s payment portal charges a fee, you must be allowed to pay by paper check, cash at the office, or another method that doesn’t cost you the fee.
Read the official text

5. A non-refundable deposit or fixed fees for normal wear

Lease language to watch for
“A $400 move-out cleaning and painting fee will be deducted from the security deposit.”
What the law says765 ILCS 710/1
To keep any of the deposit for damage, the landlord must give an itemized statement with receipts within 30 days after you move out, or return the full deposit within 45 days. A lease-specified repair charge must be for damage beyond normal wear and tear. Bad-faith withholding costs the landlord twice the deposit plus attorney’s fees.
Read the official text

6. Owing all remaining rent if you leave early

Lease language to watch for
“Landlord has no obligation to re-rent the Premises, and Tenant shall owe all rent for the remainder of the term.”
What the law says735 ILCS 5/9-213.1
A landlord must take reasonable steps to limit its losses when a tenant leaves early, such as trying to re-rent the unit. A clause saying it has no such duty conflicts with the statute.
Read the official text

7. Holding a domestic-violence survivor to the full lease

Lease language to watch for
“Tenant remains responsible for all rent through the end of the term under all circumstances.”
What the law says765 ILCS 750/15
Under the Safe Homes Act, a tenant facing a credible imminent threat of domestic or sexual violence at the home owes no rent after moving out if they give written notice. These rights can’t be waived in a lease.
Read the official text

8. Penalties for complaining or requesting repairs

Lease language to watch for
“Landlord may terminate this Lease if Tenant reports conditions to any government agency.”
What the law says765 ILCS 721/5
A landlord may not end a tenancy, raise rent, cut services or refuse to renew because you complained about code violations, asked for required repairs, or joined a tenants’ union. A tenant can recover the greater of two months’ rent or twice the damages, plus attorney’s fees.
Read the official text

9. Paying for a meter that also serves other units

Lease language to watch for
“Tenant shall pay all electric charges for the meter assigned to the unit.”
What the law says765 ILCS 735/1.2
If your meter also covers common areas or other units, the landlord must disclose every area it serves and the last 12 months of bills before you sign. A landlord also can’t switch utilities to tenant-paid in the middle of a lease. Lease terms that conflict are void.
Read the official text

It helps to know what isn’t a violation, so you can spend your negotiating energy on the lines that are. These terms are lawful in Illinois:

  • A deposit larger than one month’s rent. No Illinois statute caps residential deposits. The itemization deadlines and double-damages penalty apply to a deposit of any size. (765 ILCS 710/1)
  • An application fee, for now. Illinois has no general cap on application fees today. For leases signed on or after January 1, 2027, application fees over $50 (unless the actual check costs more), renewal fees, eviction-notice fees and move-in or move-out walk-through fees are banned, and every required fee must appear on the lease’s first page. Owner-occupied buildings with six or fewer units are exempt. (765 ILCS 705/35)

If your lease has one of these clauses

Before you sign: ask for the line to be removed or rewritten, and quote the citation from the card above. Something like: “This clause conflicts with Illinois law, so I’d like it struck before I sign.” How a landlord responds tells you a lot about renting from them.

After you’ve signed: a clause the law voids doesn’t become enforceable because it’s in a lease you signed. If a landlord tries to enforce one, a short written reply citing the statute is usually the first step. For an eviction or a lawsuit, talk to a tenant lawyer or your local legal aid office.

If one of these is in your lease, it’s worth checking the rest, including the addenda and rules pages, which can carry problem clauses as easily as the main form.

See everything we check in a Illinois lease

Questions renters ask

Is there a security deposit limit in Illinois?

Not under state law. The Security Deposit Return Act still requires an itemized statement with receipts within 30 days, or the full deposit back within 45 days, and bad-faith withholding costs the landlord twice the deposit.

What changes for Illinois leases in 2027?

For leases signed on or after January 1, 2027, every required fee must appear on the first page, and application fees over $50 (unless the actual check costs more), renewal fees, eviction-notice fees and walk-through fees are banned. Owner-occupied buildings with six or fewer units are exempt.

Does this cover Chicago leases?

Chicago and Cook County have their own landlord-tenant ordinances with extra protections. Our scan checks a Chicago lease against Illinois state law today; the city and county rules aren’t applied yet.

Sources & statutes

More for Illinois renters

Keep reading

LeasePatrol provides rental law information, not legal advice, and is not a law firm. Statute summaries here describe the law as of the “updated” date above; if you're facing an eviction or a lawsuit, talk to a tenant lawyer or your local legal aid office.