How much can a landlord charge as a late rent fee in Illinois?

Landlords in most of Illinois may charge up to $20 or 20% of the rent, whichever is greater, unless stricter local rules apply.

Do landlords have to give written notice before charging late fees?

Yes. Late fee details must appear in the written lease; undisclosed or excessive fees are not enforceable by law.

Can I be evicted for only owing late fees?

Evictions are usually for nonpayment of rent, but if you owe legal late fees as part of your rent, they can be included in eviction proceedings.

Where can I find official eviction or late fee forms in Illinois?

You can find official eviction forms on the Illinois Courts Approved Eviction Forms page.

Illinois Late Rent Fees: What Landlords Can Legally Charge

Rent, Fees & Security Deposits Illinois published: June 21, 2025

Navigating late rent fees can be stressful for Illinois renters. Understanding what landlords can legally charge helps protect your rights and avoid costly misunderstandings. This guide explains late rent fee laws, official forms, and helpful resources — all in plain language.

What Are Late Rent Fees in Illinois?

Late rent fees are charges landlords collect when tenants don’t pay rent on time. In Illinois, these fees are permitted, but strict limits apply. State law—and local rules in cities like Chicago or Evanston—set clear guidelines on how much and when landlords can charge late fees.

Statewide Rule for Late Fees

Under the Illinois Residential Tenants' Right to Repair Act and landlord-tenant statutes, landlords may charge late fees, but amounts must be reasonable and not punitive.

For most places in Illinois, late fees cannot exceed $20 or 20% of the rent due, whichever is greater. For example, if your monthly rent is $800, the maximum late fee is $20. If rent is $120, the max fee is $24 (which is 20%).
In cities with their own ordinances (like Chicago), the rules may differ:

Chicago: Landlords may charge $10/month for the first $500 of rent, plus 5% of any amount over $500¹.
Evanston: Late fees are capped at $50 or 5% of the monthly rent, whichever is less².

Late fees can be assessed only after the rent is officially late, based on your lease agreement's grace period. Illinois law does not require landlords to offer a grace period, but your lease may provide one. Always check your written rental agreement for details.

Do Landlords Have to Give Written Notice for a Late Fee?

Landlords must specify late rent fee amounts and when they begin to apply in the lease agreement. If a fee is not disclosed in writing, or exceeds legal limits, it’s not enforceable. Renters cannot be charged unlisted or excessive late fees—if you are, you have a right to challenge these charges.

What If I Dispute a Late Rent Fee?

If you believe you’ve been incorrectly charged, ask your landlord for written details about the fee—amount, calculation, and timing. If you still disagree, consider contacting your local housing authority or filing a complaint with the relevant agency.

If you're facing frequent late fees or believe you've been unfairly charged, keep all records and communications. This will be important if you need to file a dispute or attend a hearing.

Official Forms for Late Rent Disputes or Eviction

No specific statewide form is required to dispute a late fee in Illinois, but the following forms are commonly used in late rent or eviction cases:

5-Day Notice to Pay Rent or Quit (Eviction Notice):
When used: If you don't pay rent on time (including late fees, if allowed by law), your landlord may issue a 5-Day Notice. This is the first step before eviction for nonpayment.
Practical Example: If you owe rent (and a legal late fee), you may receive this notice by mail or in person. Paying all owed amounts within five days prevents eviction action.
Official 5-Day Notice Form – Illinois Courts
Eviction Summons and Complaint:
If you do not pay after a 5-Day Notice, your landlord may file an eviction lawsuit. You'll receive a Summons and Complaint, which you must respond to in court.
Eviction Forms – Illinois Courts

For renters in Chicago, late fee disputes may also be handled by the city’s Department of Housing. Forms and resources are available from the Chicago Department of Housing.

What Tribunal Handles Rent Disputes in Illinois?

Most rental disputes, including those over late rent fees, are handled by the Illinois Circuit Courts. In Chicago, tenants can also seek help from the Chicago Department of Housing or through mediation.

Relevant Illinois Legislation

Always rely on official statutes and local ordinances for up-to-date rental rules.

FAQ: Illinois Late Rent Fee Laws

How much can a landlord charge as a late rent fee in Illinois?
Landlords outside Chicago and Evanston may charge up to $20 or 20% of the rent, whichever is greater. Chicago and Evanston have stricter local rules—check your city ordinance and lease agreement.
Do landlords have to give written notice before charging late fees?
Yes. Late fee details must be disclosed clearly in the written lease. Undisclosed or excessive fees are not enforceable by law.
What if my landlord charges more than the legal late fee?
Request clarification in writing. If the issue isn’t resolved, contact your local housing authority or file a complaint with the Illinois Circuit Courts for dispute resolution.
Can I be evicted for only owing late fees?
Eviction is usually for nonpayment of rent. However, if your landlord includes legal late fees in your total owed balance and you don’t pay after proper notice, they can proceed with eviction.
Where can I find official eviction or late fee forms in Illinois?
Visit the Illinois Courts Approved Eviction Forms page for official documents and instructions.

Conclusion: Key Takeaways

Illinois restricts late rent fees—most landlords can’t charge more than $20 or 20% of your rent unless stricter local rules apply.
All late fees must be detailed in your lease; undisclosed or excessive charges are not allowed.
If you are overcharged, you have options to dispute and seek help from courts or local housing authorities.

Always read your lease carefully and refer to official Illinois and city-specific websites for the most accurate information.

Need Help? Resources for Renters

Illinois Circuit Courts – Handles rental disputes and eviction cases statewide.
Illinois Attorney General's Tenant Resources – Information about your rights and sample letters for disputes.
Chicago Department of Housing – Local ordinance info and tenant support in Chicago.
Evanston Landlord-Tenant Ordinance – Local rules and support for renters in Evanston.