Late Rent Fee Limits in Illinois
At a glance
| 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 |
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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