Cook County RTLO: Deposits, Repairs, and Lockout Rules

The Cook County Residential Tenant Landlord Ordinance sets baseline rights and duties for renters and landlords across suburban Cook County. It took effect June 1, 2021, and covers more than 245,000 suburban renter households that previously had no uniform local protections.¹ The rules address security deposits, habitability and repairs, landlord entry, late fees, lockouts, and how a lease can end.

Who the Ordinance Covers

The RTLO applies to nearly all rental units in suburban Cook County, including mobile homes and subsidized housing. Chicago and Evanston are outside its reach because each city has its own tenant ordinance.²

Owner-occupied buildings with six or fewer units are exempt from most provisions. So is housing operated by a religious organization or educational institution for its members, along with short-term stays at hotels, motels, and medical facilities.³

One rule cuts across every exemption: the anti-lockout protections apply to every rental unit in Cook County, including the owner-occupied small buildings otherwise carved out. That piece took effect in January 2021, ahead of the rest of the ordinance.

Security Deposits

Security deposit handling is the most detailed part of the ordinance (Sec. 42-811), and it carries the sharpest penalties for landlords who get it wrong.

Amount and Where It Sits

A landlord cannot charge more than 1.5 times the monthly rent as a deposit. The money must be held in a federally insured account at an Illinois financial institution, kept separate from the landlord’s personal or operating funds, and the landlord must tell the tenant in writing which institution holds it.³

Return After Move-Out

After the tenant moves out, the landlord has 30 days to return the deposit or provide a detailed written explanation of any deductions for damage beyond normal wear and tear. That is a single 30-day deadline; there is no longer window when deductions are involved. Scuffed paint, worn carpet from regular use, and minor nail holes are not deductible. Only actual damage the tenant caused can be charged.³

What a Violation Costs

If a landlord overcharges the deposit, fails to return it on time, or skips the documentation for deductions, the tenant can sue and recover two times the deposit plus attorney’s fees. The penalty applies whether the landlord acted in bad faith or simply missed the deadline. On a $2,000 deposit, that is $4,000 in damages before legal costs.³

Late Fees and How Rent Payments Are Applied

Late fees are capped at $10 for the first $1,000 of monthly rent. Above $1,000, the cap is 5% of the total monthly rent.²

Landlords must apply rent payments to rent first, not to outstanding fees or other charges. That blocks a familiar tactic: routing a rent payment to old late fees, then declaring the rent unpaid and issuing an eviction notice.

Repairs and Habitability

Landlords must keep the property in compliance with building codes, including safe plumbing, working heat, and sound structural conditions (Sec. 42-805). When something breaks, the tenant sends a written notice describing the problem and asking for the repair.

The landlord then has 14 days to fix it. If that deadline passes, the tenant can use the repair-and-deduct remedy: hire someone to do the work and subtract the cost from the next rent payment. The deduction is capped at the greater of $500 or half of one month’s rent. A tenant paying $1,400 a month could deduct up to $700; a tenant paying $800 could deduct up to $500. The tenant must give the landlord advance notice of the planned repair date and provide receipts with the reduced rent payment.³

Repair-and-deduct is designed for minor issues. For serious habitability failures such as no heat in winter, sewage backups, or dangerous electrical problems, additional remedies may exist under Illinois law, including lease termination.

When a Landlord Can Enter

A landlord must give at least two days’ notice before entering for non-emergency reasons like repairs, inspections, or showings (Sec. 42-808). Notice can go by mail, phone, written note, or another method reasonably designed to reach the tenant.³

Entry must happen between 8:00 a.m. and 8:00 p.m. unless the tenant agrees otherwise. In an emergency, no advance notice is required, but the landlord must notify the tenant within two days after the entry, explaining what happened and why.³

Lockouts Are Prohibited Countywide

The ordinance bars landlords from locking out tenants, shutting off utilities, or removing a tenant’s belongings as a self-help eviction tactic. This applies to every rental unit in suburban Cook County, including the small owner-occupied buildings that are exempt from most other provisions.²

A landlord who wants to remove a tenant must go through the court eviction process. Changing the locks, pulling a door off its hinges, or cutting off the gas in January is not legal no matter what the tenant has done. The tenant can seek a court order for re-entry, and the landlord faces liability.

Ending or Not Renewing a Lease

The notice a landlord owes before ending or declining to renew a lease depends on lease length (Sec. 42-810). For leases longer than six months, the landlord must give at least 60 days’ written notice, served by personal delivery or certified mail so there is a verifiable record.³

If a landlord gives less than the full 60 days, the tenant can stay up to 60 days after the notice is actually given, paying the existing rent. The landlord cannot raise the rent or change terms during that holdover.

Two shorter timelines cover tenant defaults. Nonpayment of rent triggers a 5-day notice. Other lease violations require a 10-day notice of material non-compliance. Each gives the tenant a brief window to cure before the landlord can file an eviction case.²

Lease Clauses That Do Not Hold Up

Some lease terms are void even when a tenant signs them. A landlord cannot include a confession of judgment clause, which would let the landlord obtain a court order without notice or a hearing. A clause waiving the tenant’s right to formal notice before termination is also unenforceable.³

Leases cannot limit a landlord’s liability for negligence or shift maintenance duties to the tenant. Clauses that waive the right to a jury trial or that require the tenant to pay the landlord’s attorney fees beyond what a court orders are void. Charging tenants for capital improvements is prohibited. When a lease contains any of these terms, the illegal clauses are struck and the rest of the lease stays in force.

How the Ordinance Is Enforced

Enforcement runs through private lawsuits. No county agency investigates complaints or issues fines for a tenant. If a landlord violates the ordinance, the tenant’s remedy is court. For security deposit violations, the double-damages-plus-fees formula gives tenants leverage and gives attorneys a reason to take the case.²

For tenants who cannot afford an attorney, Cook County’s website points to legal aid organizations that handle landlord-tenant disputes. If you may end up in court, the single most useful habit is documenting everything in writing: repair requests, deposit receipts, entry notices, and any lease violations on either side.

1
Cook County. Cook County’s First Residential Tenant Landlord Ordinance Goes Into Effect June 1
2
Cook County Government. Residential Tenant Landlord Ordinance
3
Cook County Government. Cook County Residential Tenant Landlord Ordinance Summary