Illinois · Late fees · Last updated November 15, 2026
Illinois late fee rules for rent
Illinois has no statewide cap on late fees for an ordinary residential lease and no required grace period. The limits are local: Chicago allows $10 a month on the first $500 of rent plus 5% of the rest, and suburban Cook County allows $10 a month on the first $1,000 plus 5% of the rest. A few other towns set their own number.
Quick facts
| Statewide cap | None in Illinois statute |
|---|---|
| Statewide grace period | None. The lease sets it. |
| Chicago (RLTO units) | $10 a month on the first $500 of monthly rent, plus 5% a month of the rent above $500 |
| Suburban Cook County (RTLO units) | $10 a month on the first $1,000 of monthly rent, plus 5% a month of the rent above $1,000 |
| Evanston | $25 when rent is $1,600 or less; otherwise $25 plus 5% of the rent above $1,600 |
| Urbana | 5% of the monthly rent, unless the landlord shows higher actual costs |
| Nonpayment notice | At least 5 days after service (735 ILCS 5/9-209) |
Illinois late fee calculator
Enter the monthly rent to see the number.
Owner-occupied buildings with six or fewer units are outside the Chicago and Cook County ordinances. Urbana and Mount Prospect have their own rules, described below.
State law: no cap and no grace period
We searched the Illinois landlord and tenant acts (765 ILCS 70 through 755) and the Eviction Act for late fee and grace period rules. None of them limits a late fee or sets a number of grace days for an ordinary residential lease. The Mobile Home Landlord and Tenant Rights Act asks park owners to disclose their late payment terms, and stops there.
Outside the towns below, a late fee rests on the lease. Illinois courts enforce a preset charge when it is a reasonable estimate of the cost of late payment and not a penalty, so a modest, written fee applied the same way to every tenant is the careful choice.
Starting January 1, 2027, a new section of the Landlord and Tenant Act requires non-optional fees to appear on the opening page of the lease. It doesn’t list late fees among the fees it bans. Our Illinois lease fee checkup covers that change.
- Mobile home parks
- Late payment terms must be disclosed in writing; no cap. 765 ILCS 745/6.5
- 2027 fee disclosure
- Non-optional fees go on the opening page of the lease. Owner-occupied premises with six units or fewer are exempt. 765 ILCS 705/35 (P.A. 104-479, effective January 1, 2027)
Chicago: $10 plus 5% above $500
For units covered by the Residential Landlord and Tenant Ordinance, a lease can’t set a late fee above $10 a month for the first $500 of monthly rent plus 5% a month of anything above $500. On $1,500 rent that is $60; on $2,200 it is $95. The ordinance sets no grace period.
- Limit
- $10 a month for the first $500 in monthly rent plus 5% a month for any amount above $500. Chicago Mun. Code § 5-12-140(h)
- Not covered
- Dwelling units in owner-occupied premises containing six units or fewer. Chicago Mun. Code § 5-12-020(a)
Suburban Cook County: $10 plus 5% above $1,000
The Cook County Residential Tenant and Landlord Ordinance uses the same formula with a higher starting point: $10 a month for the first $1,000 of monthly rent plus 5% a month of anything above $1,000. On $1,500 rent that is $35; on $2,200 it is $70.
The ordinance applies in Cook County except in cities and villages that keep their own landlord and tenant regulations covering both sides’ rights and duties, and Chicago, Evanston and Mount Prospect each have their own ordinance. It also bars a lease from applying a rent payment to late fees.
- Limit
- $10 a month for the first $1,000 in monthly rent plus 5% a month for any amount above $1,000. Cook County Code § 42-104(f)(9)
- Payments go to rent
- A lease can’t let the landlord apply rent payments to a charge other than rent, including late fees. Cook County Code § 42-104(f)(11)
- Which leases
- Rental agreements starting on or after June 1, 2021. Cook County Code § 42-104(h)
- Not covered
- Owner-occupied buildings limited to six units or fewer. A single-family home or condo that is the owner’s one rental is also outside it, subject to conditions in the ordinance. Cook County Code § 42-102(a)(6), (7)
Other Illinois towns with their own number
These are the ones we could read in the published code. Your town may have its own rule, so check its code before setting a fee.
- Evanston
- $25 if the monthly rent is $1,600 or less; otherwise $25 plus 5% of the rent above $1,600. Evanston City Code § 5-3-3-3(A)8
- Mount Prospect
- A late payment fee of 5% of the rental payment, when the landlord accepts payment more than five days after the notice. Mount Prospect Village Code § 23.1807(A)(1)
- Urbana
- 5% of the monthly rent, unless the landlord demonstrates higher actual costs. The late charge has to be specified in the lease, and a payment postmarked by the due date isn’t late. Urbana Code §§ 12.5-10(a)(7), 12.5-13
If the rent still isn’t paid: the 5-day notice
A late fee doesn’t end a tenancy. To start an eviction for nonpayment, an Illinois landlord serves a written demand that gives the tenant at least five days after service to pay. The statute speaks of rent and past due rent, so keep late fees as their own line on the ledger.
- Notice for nonpayment
- Not less than 5 days after service. 735 ILCS 5/9-209
Questions landlords ask
What is the maximum late fee for rent in Illinois?
There’s no statewide dollar cap. In Chicago (RLTO units) it’s $10 on the first $500 of monthly rent plus 5% of the rest. In suburban Cook County (RTLO units) it’s $10 on the first $1,000 plus 5% of the rest. Evanston and Urbana set their own limits. Elsewhere the fee has to be in the lease and reasonable.
Is there a grace period for rent in Illinois?
State law doesn’t require one, and neither does the Chicago or Cook County ordinance. Your lease sets the grace period, so pick a number and apply it the same way to every tenant.
Is a 5% late fee legal in Illinois?
It depends on the place. On $1,500 rent, 5% is $75. That is above Chicago’s $60 limit and suburban Cook County’s $35 limit for covered units, and it matches Urbana’s 5% line. Outside towns with their own number, no statute sets a figure.
Can an Illinois landlord charge a daily late fee?
In Chicago and suburban Cook County the limit is a monthly total, so daily fees can’t add up to more than the formula allows. Elsewhere it depends on the lease and on the fee staying reasonable.
Does the Chicago late fee limit apply to a two-flat I live in?
No. Owner-occupied buildings with six or fewer units are outside the Chicago ordinance, and the Cook County ordinance has a similar exemption.
Free templates
- Late fee policy template for Illinois: a one-page policy with the Chicago and Cook County limits built in.
- Late rent notice kit: friendly reminder, past-due notice, payment plan and delivery log.
- Rent ledger: running tenant balances and printable statements.
Late fees inside the limit, on the ledger
Landlord’s Desk tracks late rent and sends reminders on the terms you set, with every charge on the ledger. For Chicago and suburban Cook County leases, late fees are off until you turn them on, lease by lease, within limits we checked against the published ordinances. Each fee waits for your approval unless you set the lease to post automatically. No credit card needed to start. Create your account by December 1, 2026 at 11:59 PM Central and you’re a founding member: 60 days free from the day you choose a plan, then 30% off your first 12 monthly payments or your first yearly payment. Claim the offer by choosing a plan by March 1, 2027 at 11:59 PM Central.
Not legal advice. This page is general information that summarizes the laws cited as read on November 15, 2026; laws change and courts interpret them. Check the current text (Illinois Compiled Statutes, Chapter 765) or talk to a local attorney before you act.