Illinois: Late Rent Fee Limits
The short answer
Illinois's statewide Landlord and Tenant Act contains no ordinary residential late-fee cap or grace period. Its current sections address liability waivers, rent-payment methods, locks, military termination, senior-property temperatures, flood disclosures, and screening reports, but not the amount, timing, accrual, or remedy for a rent-late charge. The five-day demand in 735 ILCS 5/9-209 is an eviction notice, and the $20-or-20% rule in 770 ILCS 95/7.10 applies to self-service storage rather than housing.
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This is the general rule in Illinois. Ezel applies current Illinois law to your specific facts and answers with citations to the statutes.
| Governing law | 765 ILCS 705/0.01 et seq. — no ordinary residential late-fee provision in the current statewide Landlord and Tenant Act |
|---|---|
| Maximum late fee | No dollar, percentage, or other statewide cap stated for ordinary residential rent |
| Grace period | None stated for a fee; 735 ILCS 5/9-209's 5 days is an eviction-demand period |
| Lease or notice requirement | No statewide late-fee lease or notice requirement stated |
| One-time or recurring | Not addressed |
| Calculated on | Not addressed |
| Related fees & carve-outs | If an electronic rent portal charges a transaction fee, the landlord must offer a fee-free payment method (765 ILCS 705/3.5); the $20/20% late-fee rule is storage-only (770 ILCS 95/7.10) |
| If the fee is unlawful | No ordinary-residential late-fee-specific voiding rule, multiplier, or attorney-fee remedy stated |
Compare this rule across all 50 states + DC →
What statewide Illinois law says
The Illinois Landlord and Tenant Act begins at 765 ILCS 705/0.01. Its current
sections address liability waivers, rent-payment methods, electronic transfers,
locks, military lease termination, temperature standards for older-adult
housing, flood disclosures, and reusable screening reports. It contains no
ordinary residential late-fee section.
The statewide Act therefore supplies no residential late-fee dollar amount or
percentage, no fee grace period, no written late-fee disclosure, no daily or
once-only rule, no calculation base, and no late-fee-specific damages or
attorney-fee remedy. Those values are "not addressed," not blanks to be filled
from a city ordinance or a specialized rental statute.
One related statewide protection is explicit. If a third-party portal imposes a
transaction fee on rent payments, 765 ILCS 705/3.5 requires the landlord to
offer payment by paper check, cash, or another method that does not require the
tenant to pay that charge. That is a payment-method rule, not a cap on a charge
for late rent.
What trips people up
The five-day demand is an eviction clock. Section 9-209 of the Code of Civil
Procedure lets a landlord demand rent after it is due and give a written period
of at least five days before terminating the lease and filing an eviction. It
does not say a landlord must wait five days before assessing a late fee.
The $20-or-20% rule is for storage units. Section 7.10 appears in the Self-
Service Storage Facility Act, 770 ILCS 95. Its terms are "owner," "occupant,"
"service period," and storage rental agreement. It is not the statewide rule for
an apartment or house.
Local rules are not the Illinois statewide answer. A local ordinance can
regulate a city rental, but this comparison cell does not turn that local rule
into a statewide cap or grace period.
Common questions
Must a landlord offer a way to pay rent without a portal fee? Yes, when the
landlord uses a third-party portal that charges for e-check or another payment
method. Section 705/3.5 requires a paper-check, cash, or other fee-free option.
Does this page include Chicago's rental ordinance? No. The table compares
state law across jurisdictions. A tenant or landlord must check any applicable
city ordinance separately.
Statutes and sources
- 765 ILCS 705/0.01 et seq. — the current Landlord and Tenant Act lists its
statewide subjects and contains no ordinary residential late-fee provision.(765 ILCS 705/0.01) ... Landlord and Tenant Act. ... (765 ILCS 705/3.5) ...
Additional means to pay rent when electronic payment methods charge
additional fees. ... (765 ILCS 705/4) ... Payment by electronic funds
transfer. ... (765 ILCS 705/15) ... Changing or rekeying of the dwelling
unit lock. ... (765 ILCS 705/25) ... Disclosure of potential flooding ...
(765 ILCS 705/30) ... Reusable tenant screening report.
Official source: https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2201&ChapterID=62&Print=True (accessed 2026-07-20)
- 765 ILCS 705/3.5 — a fee-free rent-payment option is required when a
third-party portal charges a transaction fee.
the landlord shall allow the tenant to make rental payments by delivering a
paper check or cash ... or by means that do not require the tenant to pay the
transaction fee or other charge.
Official source: https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2201&ChapterID=62&Print=True (accessed 2026-07-20)
- 735 ILCS 5/9-209 — at least five days in the rent demand before lease
termination and an eviction action; not a late-fee grace period.
unless payment is made within a time mentioned in such notice, not less than
5 days after service thereof, the lease will be terminated.
Official source: https://www.ilga.gov/documents/legislation/ilcs/documents/073500050K9-209.htm (accessed 2026-07-20)
- 770 ILCS 95/7.10(a)-(c) — storage-only late-fee rule; five days and a
$20-or-20% reasonable-fee safe harbor.
No late payment fee shall be assessed unless the rental fee remains unpaid
for at least 5 days ... a late fee of $20 or 20% of the rental fee for each
month ... whichever is greater, is deemed reasonable and does not constitute
a penalty.
Official source: https://www.ilga.gov/documents/legislation/ilcs/documents/077000950K7.10.htm (accessed 2026-07-20)
Source links
Every statute quoted above, linked, with the date we checked it.
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