Can an Illinois landlord charge a fee for an eviction notice?
Quick answer
No, for leases entered into from January 1, 2027. Illinois bans any fee or fine for an eviction notice or for filing an eviction action before the court grants an eviction order, though landlords can still recover court costs and filing fees (765 ILCS 705/35(c)(4)). An unpaid background-check fee can never be grounds for eviction in the first lease year.
What does the law say? Key facts and official sources
| Item | What the law says | Source |
|---|---|---|
| Start date | January 1, 2027: Public Act 104-0514 changed the Act's effective date from July 1, 2026 to January 1, 2027 | Official source |
| Eviction fees | No fee or fine for an eviction notice or the filing of an eviction action prior to the court granting an eviction order (35(c)(4)) | Official source |
| Court costs | The ban does not limit the landlord's ability to recover court costs and filing fees (35(c)(4)) | Official source |
| Background-check fee | A fee over $50 for a third-party background check may never be used as a basis for an eviction action within the first year of a lease (35(c)(1)) | Official source |
| Renaming | A landlord may not rename a fee or charge to avoid the Section (35(e)) | Official source |
| Exempt | Leases for dwelling units in owner-occupied premises with 6 units or fewer (35(e)) | Official source |
| Penalty | No fixed fine; any person alleging a violation may sue, and the court may order injunctive relief, monetary relief, attorney's fees and costs (35(f)) | Official source |
| Last verified | October 26, 2026 | Astor Ventures |
Can I recover court costs and filing fees?
Yes. Section 35(c)(4) says the ban "shall not be construed to limit the ability of the landlord to recover court costs and filing fees". What it bans is a separate landlord fee or fine for the notice or for filing before the court grants an eviction order.
Can I call it an "administrative" or "legal processing" fee instead?
No. Section 35(e) says a landlord may not rename a fee or charge to avoid the Section.
What about late rent fees?
Late fees are not among the 11 fees banned by Section 35(c). Section 35(b) requires every non-optional fee to be on the first page of the lease, or the tenant is not liable for it. The statute does not say whether a late fee is "non-optional"; ask an Illinois lawyer.
Want it done in an afternoon? The Illinois rental fee transparency kit turns these rules into fill-in templates, a checklist and a tracker, with the official sources quoted. One-time payment, instant download.
What else do people ask?
Can a tenant sue over an eviction notice fee?
Yes. Any person alleging a violation may bring a civil action; the court may order injunctive relief, monetary relief, attorney's fees and costs (35(f)).
Does it apply to existing leases?
The Section applies to residential leases entered into after its effective date, January 1, 2027.
Are small landlords exempt?
Only leases for units in owner-occupied buildings with 6 units or fewer.
Is this legal advice?
No. General information only.
Related guides
← Illinois rental fee transparency kit · All guides · All kits