The easiest approach to avoid problems later is to get your lease right from the start. Use a Chicago residential lease (2026) as a guide for how you and your landlord should get along. It tells renters exactly how the rent works, who is responsible for what, and what regulations everyone must follow. All of this is done while keeping you safe under the law. In Chicago and surrounding Cook County, statutes like the Residential Landlord and Tenant Ordinance (RLTO) add even more rules. For instance, not attaching the official Chicago summary (which includes the porch-load warning) can let a renter end the lease and ask for $100 in damages.
If you’re a landlord or a renter, you want things to be clear and legal. That means that your Chicago lease for 2026 should include all the right terms. We list the most important aspects of any lease or rental agreement in Chicago, as well as the new Illinois laws that will go into effect in 2026.
New Illinois Lease Requirements in 2026
Before we go into the details of each provision, keep in mind that Illinois has added some important ones for 2026. The summary of the Illinois Safe Homes Act is the major change. As of January 1, 2026, every lease for a home in Illinois, including Chicago and suburban Cook County, must have the state-issued “Summary of Rights for Safer Homes” as the first page. This four-page summary (landlords must have renters sign each page) lists particular rights for survivors of domestic and sexual assault, such as being able to break the lease early or change the locks without penalty. Landlords could face substantial penalties, including fines and legal fees, if they don’t include this summary with every 2026 lease.
Another important change in 2026 is that eviction cases in Illinois can no longer identify children. It is now against the law to mention minors in eviction files in Illinois because of a change to the Illinois Eviction Act (HB 3566). In reality, this implies that your lease document should make it clear who the “leaseholders” are (the adults who are responsible for paying rent) and who the “authorized occupants” are (anyone else, including youngsters). When sending notices, only mention the adult tenants. You can just say “and unknown occupants” for the other people. This keeps families safe and stops your case from being thrown out completely (and having to re-file).
The usual Chicago rules still apply, though. For example, Chicago’s Fair Notice Ordinance says that if a tenant has lived there for 6 months to 3 years, they must give 60 days’ notice, and if they have been there for 3 years or more, they must give 120 days’ notice, whether you are ending the lease or raising the rent. These notice periods are the same for all renters, whether they have a year-long lease or a month-to-month agreement. And don’t forget about the RLTO in Chicago and the Cook County Tenant Ordinance. They cover things like how to handle security deposits, interest, and many other habitability issues, so your lease needs to follow them.
In short: update your templates for 2026. Put the Safer Homes summary at the top, look over any eviction or notice language, and verify those Chicago/Cook County disclosures again.
Lease vs. Rental Agreement (Fixed Term vs. Month-to-Month)
First, make sure you know if you’re using a rental agreement (usually month to month) or a fixed-term lease (usually one year). They seem the same, but the rules for giving notice are different. In Chicago, even month-to-month leases need the Fair Notice periods above once the renter has lived there for six months or more. The primary difference in practice is that with a fixed-term lease, you agree to the terms and rent for that time. Either side can end the tenancy with the right notice if they have a month-to-month rental agreement in Chicago. (Chicago law says that after six months, either side must give at least 60 days’ notice, even if the lease was month-to-month or had already ended.)
Clearly state the exact dates of the lease or rental. Indicate “from MM/DD/2026 to MM/DD/2027” if it’s a year. If it’s month-to-month, indicate that and explain how the notice of termination works. If you don’t follow the requirements for notice or label things incorrectly, it could lead to problems.
Key Clauses Every Chicago Lease Should Include
Every bullet point is a clause or subject that should be in your lease. You can either make these separate sections or put them all together in one paragraph.
- Rent Payment Clause: Make it clear how much rent is required, when it is due, how to pay it, and where to send the payment. Let people know ahead of time if you will give them extra time or charge them late fees. Chicago law says that late fees can’t be too high, so don’t use imprecise or open-ended phrasing.
- Late Fee and Non-Payment: Chicago law says that late fines can only be $10 on rent that is less than $500 per month and 5% on rent that is more than $500 per month. If you charge late fees, the lease should say exactly how much or what percentage they are (for example, “Late fee of $10/month on any rent ≤$500, plus 5% on any portion over $500”). Also, make sure to write down the day when the late fee starts to apply or the grace period (for example, five days after the due date). Under Chicago law, you can give a renter five days’ notice of nonpayment before evicting them, but you can’t just add on extra rent during that time. Clearly stating late costs ahead of time helps keep things from being a surprise.
- Security Deposit Clause: State the deposit amount, where it will be held, and the conditions for its return. Be extremely careful in Chicago: you have to hold security deposits in an Illinois bank account that earns interest and pay the tenant the city’s interest rate every year. The lease should indicate where the deposit is stored and that the rent will be paid. Also, explain how to return things. By law, you have 45 days after your lease expires to list your deductions and send back any extra money. For instance, “The security deposit of $1,500 is kept at [Bank Name], [Address]. Interest at the City’s annual rate will build up and be paid when you move out. If you don’t pay your rent or cause damage beyond typical wear and tear, the landlord might take money from your account. Tenant will get a written account of any deductions and the balance within 45 days of moving out. (Note: Chicago also requires the landlord to give the tenant a signed deposit receipt, which can be referenced in the lease.)
- Pet and Service Animal Clause: Don’t just say “no pets.” Fair housing and ADA laws indicate you have to let service and therapeutic animals stay with you. Instead, utilize a Pet Addendum to include the pets that are allowed, any pet deposit, and the rules (such as the leash policy, cleaning up, and so on). If you don’t want animals, include a separate “No Animals Except Assistive” condition. For instance, “Tenant may not keep pets without written permission from Landlord.” “Trained service or therapy animals are allowed with proof.” If you do allow pets, you can set limits on their size or breed if you choose. You can also ask for documentation of training for emotional support animals, but you must follow the law when it comes to disabilities. (Helpful hint: Chicago has strict rules against illegal pet bans, so it’s better to have a clear pet clause or waiver.)
- Maintenance and Repair Clause: Split the work. For instance, “The tenant must keep the unit clean, throw away trash properly, and not damage the property.” Tenant must change the batteries in the smoke and carbon monoxide detectors and let the landlord know right away if any repairs are needed. The landlord is responsible for keeping the building safe and clean, following all building codes, and taking care of the plumbing, heating, and electricity. If the landlord doesn’t make repairs after getting a written notice, the tenant can withhold rent or make repairs and deduct the cost from the rent. (You can also mention the 14-day repair notice law in Chicago if you want.) The most important thing is to be clear about what you want. Say that the RLTO says that landlords must keep the property in good condition and that tenants must not destroy or mess it up.
- Entry and Inspection Clause: Say that the landlord has the right to come in for repairs, inspections, or showings (with proper notice). For example, “Landlord or agent may enter the unit at reasonable hours to inspect, make repairs, or show to prospective tenants, after giving Tenant at least 24 hours’ notice.” If there is a catastrophic emergency, such as a fire or flood, you might let them in without notice. Also, let them know whether you’ll re-key when they move out. Chicago law says that tenants have to let people in normally, but it’s still a good idea to put it in writing.
- Alterations Clause: “Tenant shall not paint, wallpaper, change electrical or plumbing fixtures, or make structural changes without Landlord’s written permission.” “All changes made (unless agreed otherwise) will remain Landlord’s property at lease-end.” This keeps arguments over damage or fixture removal from happening. If the Tenant makes substantial modifications without permission, you can have them undo them or lose their deposit.
- Utilities and Services Clause: Make it clear who is responsible for paying for utilities like gas, electricity, water, trash, cable, and so on. For instance, “Tenant is in charge of setting up and paying for all trash, water, gas, and electric services, except for [for example, landscaping or water if the landlord pays for it]. If the city charges for heating, include the city’s heating cost disclosure. If utilities are shared, describe how they are divided (or use the heating disclosure form if it applies). Always tell people where to send the bills and what to do if they don’t pay their payments. If you take fees other than rent, like a monthly trash fee, write that down too.
- Subletting Clause: Let people know if they can sublet or assign the property, and if so, under what conditions. A common phrase is, “Tenant shall not sublet the premises or assign this lease without Landlord’s prior written consent, which may be withheld at Landlord’s discretion.” If you allow subletting, make sure to list the requirements (credit check, etc.). Chicago law (Mun. Code 5-12-120) still enables landlords properly approve or prohibit subtenants, therefore providing those terms. This stops people from having housemates without permission.
- Renter’s Insurance Clause (Recommended): Even though it’s not required by law, strongly suggest or mandate renters’ insurance. It may say, “The landlord is not responsible for the tenant’s personal property.” Tenant should keep renters’ insurance to safeguard against theft, fire, water damage, and other risks. [Optional: Tenant must identify Landlord as an additional insured on the policy.] This protects both parties. The competitor actually samples: “Landlord has advised Tenant to carry Tenant’s own insurance… Tenant shall not increase Landlord’s insurance premium.” It’s a good idea to add a notice that renter’s insurance can cover both parties.
- Smoking/No-Smoking Clause (Optional): If you want the property to be smoke-free, say so: “No smoking of any substance is allowed on the premises, including balconies or common areas.” Chicago doesn’t require this, but if you do decide on a no-smoking rule, put it in writing. It can help you avoid fights and damage later.
- Additional Rules/Regulations: If your building has unique restrictions, such as quiet hours, laundry use, parking laws, etc., make sure to include these in the lease or attach a page with the rules. For instance, “Tenant agrees to follow all building rules, such as quiet hours from 10 p.m. to 7 a.m. and proper use of common areas.” This can save you trouble later on.
These clauses address the standard things like who does what and when. Let’s now look at the special disclosures and addendums that Illinois and Chicago law need.
Required Addendums and Disclosures
A lease in Chicago (and Illinois as a whole) isn’t legitimate unless it includes necessary legal paperwork and notices. Before the renter moves in or signs the lease, these must be presented to them (typically with the lease). Here are the most important ones to add:
- Chicago RLTO Summary: You must include a printed summary of the Chicago Residential Landlord-Tenant Ordinance (RLTO) with every signed lease or renewal. The Housing Department of the City makes this and adds the caution for the porch and deck: “100 pounds per square foot.” You offer the tenant a copy of the summary document (the city generally has forms available) and have them sign or initial it in real life. You can’t change this: if you don’t send the RLTO summary, the renter can break the lease and get $100.
- Cook County RTLO (if applicable): If your property is in Cook County but not in Chicago, the same restrictions apply. Be sure to send the Cook County summary when you need to.
- Lead Paint Disclosure (Federal): If the building was built before 1978 (most Chicago rentals), the law says that a lead warning addendum must be added. You must provide tenants with the EPA leaflet “Protect Your Family From Lead In Your Home” and tell them about any lead dangers you know about in the unit or common areas. You still need the form and pamphlet even if you think your building is safe from lead. Put these papers with the lease. Domu’s handbook tells landlords, “Any home built before 1978 could have lead-based paint… the landlord must give [the EPA] pamphlet… and tell them where and how bad any known hazards are.” In short, you have to do this or pay a lot of money.
- Chicago Bed Bug Disclosure: Landlords in Chicago must give every new tenant a copy of the City Health Department’s bed-bug booklet with their lease or renewal. It’s a short leaflet about how to keep bed bugs away and how to get rid of them. Make sure to give this form to the tenant after they sign.
- Heating Cost Disclosure: If the tenant pays for heating (for example, if the landlord’s meter or sub-meter invoices them), Chicago requires a special heating cost statement. This form displays how much the unit’s heating costs have been in the past. The city gives you paperwork to attach to the lease so the tenant understands what to expect.
- Security Deposit Receipt and Interest Summary: The RLTO says that you must deliver the tenant a signed deposit receipt right away after you collect a deposit. The receipt must show the amount, the date it was received, the unit’s address, and who took it (the landlord or the agent). Landlords often include this receipt in the lease and have the tenant sign it to show they understand. Also, give the overview of the security deposit’s interest rate before the tenant moves in. Every January, the City Comptroller sets an interest rate. Landlords must give tenants a summary of the rates for the current year and the prior two years. Chicago law says you have to deliver the summary even if you didn’t take a deposit.
- Utility and Habitability Notices: In Illinois, landlords have to tell tenants about certain concerns with the property. In Chicago, you must advise the renter in writing before they sign if there have been any building code violations, lawsuits over code enforcement, or notices of water, gas, or electric shut-offs that are still outstanding in the past year that affect this unit or building. This includes stuff like open permits or if ComEd planned to turn off the power, etc. If you’re having problems with the city or utilities, you should put that in the lease. If everything is fine, a simple “No violations or shut-offs have been filed” line is a good idea.
- Landlord/Agent Identification: Chicago’s law says that you must also include the name, address, and phone number of the property owner and any management or agent. This makes sure that tenants can get in touch with the right person. Most leases have a section at the beginning or a separate sheet that lists your firm’s name and contact information for notices.
- Recycling Rules Flyer: Chicago legislation says that since 2017, landlords have to teach their tenants about recycling, including the laws for recycling in the city. The city can provide you with a one-page “blue cart” sheet for this. In real life, put up the recycling notice or give out a pamphlet that explains what goes in recycling carts, when they will be picked up, and any other building-specific rules.
- Illinois Radon Disclosure (if applicable): If you live on the first or second level, Illinois law says you have to tell people about any known radon concerns. You must provide tenants with a written notification if your test results show high levels of radon. There is no required document to give out unless there are radon tests, but it’s a good idea to include any radon disclosure or add a clause if necessary.
- Other Notices: Don’t forget to post the needed notices about guns (if you don’t allow them), lead dust, or any other state-mandated disclosures (like local municipal ordinances outside of Chicago). The “Move-in Condition” form in Chicago is not needed by law; it is very helpful to have for later reference.
In short, provide all the necessary paperwork with the lease: the city ordinance summary, the lead leaflet, the bed bug brochure, the heating disclosure, the recycling guidelines, and any receipts for the security deposit. If you don’t deliver these, tenants can use them in court. For instance, if you neglect the RLTO summary, Chicago law says that the tenant can end the lease and sue for $100. As was said, not reading the Safer Homes summary can cost a lot more (thousands of dollars in fines).
Common Lease Errors to Avoid
An airtight lease isn’t just “good practice” – it keeps you out of trouble. A poorly drafted lease can lead to:
- Confusion and disputes. Unclear language on rent, deposits, or repairs means more arguments later.
- RLTO Violations. Omitting required disclosures (like the RLTO summary or deposit receipt) is a violation that can void parts of the lease and force you to pay damages.
- Loss of Rights. Without the right clauses, you might lose eviction priority or the ability to quickly recover rent or possession.
- Financial Loss. Mistakes can result in waived rent, fines, or legal fees. One small missing disclosure might open a big can of worms.
Always make sure that all of the 2026 lease revisions and Chicago rules are in effect. Use either a current lease agreement form from Illinois or one that has been updated for 2026. If you’re not sure, have a lawyer look over your lease. It won’t cost much compared to a lawsuit.
Conclusion
As a landlord, the best thing you can do is have a good Chicago lease (or rental agreement). It’s also crucial for the renter to know that it’s clear and fair. Make sure to include the new disclosures (such as the Safer Homes summary) and all the basic clauses indicated above in 2026.
You set expectations straight away by talking about rent terms, deposits, maintenance, and all the other things that need to be said up front. This develops trust (“I knew exactly what was expected”) and protects your interests if something goes wrong. Keep in mind that state and city regulations change, so check for updates every year. But with the important parts above, your 2026 Chicago rental agreement will be complete and easier to enforce.
Don’t be afraid to chat to a Chicago landlord-tenant lawyer if you ever feel trapped. We want to help you make your life as a renter easier and safer.
FAQs
As of Jan. 1, 2026, Illinois law mandates a Summary of Rights for Safer Homes Act on page one of every residential lease. This multi-page summary informs tenants of protections for domestic/sexual violence victims (like early lease termination rights). Landlords must attach this state-issued form (tenants must initial each page) before move-in.
In Chicago, a lease agreement usually means a fixed term (often a year), while a Chicago rental agreement often refers to a month-to-month tenancy. The rights are largely the same, but notice that the rules differ slightly. Regardless of form, once a tenant has lived in a unit for over 6 months, landlords must give 60 days’ written notice if ending the lease or raising rent (for tenancies up to 3 years) or 120 days’ notice for tenancies over 3 years.
At minimum: rent amount/due date (with accepted payment methods), late fee terms, exact security deposit rules (amount, where held, and return conditions), pet/animal policy, maintenance/repair responsibilities, and renewal/termination terms. Also include clauses on landlord entry, alterations, utilities, subletting, and anything specific (like a smoking ban or renter’s insurance requirement). Clarity is key: it’s better to over-include simple “boilerplate” language than leave things ambiguous.
Chicago requires several mandatory addenda with every lease: the City’s RLTO summary (including the porch load warning), a security deposit receipt and interest-rate summary, the Chicago Health Dept. bed-bug brochure, and the heating cost disclosure if the tenant pays heat. Federally, if the building was built before 1978, attach the EPA lead-paint pamphlet and disclosure. Also, disclose any known code violations or utility shut-off notices affecting the unit. In 2017, Chicago even mandated a recycling information sheet with every new lease. The key is: deliver all required forms in writing before move-in.
Use an up-to-date lease agreement form in Illinois that’s been reviewed for local regulations. Double-check that all state and local addendums are included (like Safer Homes, RLTO summary, etc.) and that your clauses don’t conflict with the RLTO. For example, don’t include a late fee higher than the RLTO allows. It’s wise to have a lawyer or experienced property manager glance over your lease, especially for multi-unit or out-of-state owners. Proper documentation (signed leases, attached disclosures, and deposit receipts) is half the battle in staying compliant.
The Illinois Department of Human Rights (IDHR) is preparing the official summary form (as part of the NAA Click’n Lease package). Check IDHR’s website or your Realtor/Landlord trade group (like CAA or NAA) for the latest form. Landlords should place it as page one of the lease and have all parties sign or initial. We expect the form to be widely available by late 2025.
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