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Illinois Tenant Pet Rights Guide

Know exactly what your landlord can and cannot do in Illinois — and how to fight back when they cross the line.

⚡ Illinois Quick Facts

Can landlords charge pet deposits? Yes — No statewide cap; Chicago RLTO has specific rules
Can landlords charge monthly pet rent? Yes — no state limit
ESA / Service Animals exempt from pet fees? YES — Federal Fair Housing Act
Pet deposit state cap: No statewide cap (Chicago has RLTO rules)
Governing law: 765 ILCS 710 / Chicago RLTO
Key cities: Chicago, Aurora, Rockford, Joliet, Naperville

Your Rights as a Illinois Tenant with a Pet

Illinois has no statewide pet deposit cap, but Chicago's Residential Landlord Tenant Ordinance (RLTO) provides Chicago renters with some of the strongest tenant protections in the country. If you're outside Chicago, state law is minimal — the federal Fair Housing Act is your primary protection.

What Illinois Law Actually Says

Illinois landlord-tenant law is governed by 765 ILCS 710 (Security Deposit Return Act) and 765 ILCS 720 (Security Deposit Interest Act). There is no statewide cap on pet deposits — landlords can charge any amount they choose for conventional pets.

Chicago's RLTO (Chicago Municipal Code Ch. 5-12) provides significantly stronger protections for Chicago renters. Under RLTO, landlords in buildings with 6+ units must pay interest on security deposits and follow strict return timelines (30 days, or 45 if tenant disputes). Chicago landlords who violate deposit rules can be liable for 2x the deposit amount plus attorney fees.

Chicago has a Commission on Human Relations that handles local fair housing complaints, in addition to IDHR at the state level.

Emotional Support Animals: Illinois Landlords CANNOT Charge Fees

Under the federal Fair Housing Act (FHA) and HUD guidelines, emotional support animals (ESAs) and service animals are not classified as "pets." This means:

  • Landlords cannot charge pet deposits for an ESA or service animal
  • Landlords cannot charge monthly pet rent for an ESA
  • Landlords cannot require PetScreening or similar paid screenings for ESAs
  • Landlords can request documentation from a licensed mental health professional — but this documentation must be reasonable and is limited in scope
  • Landlords cannot demand your specific diagnosis, medical records, or charge an application fee for ESA accommodation requests

What Illinois Landlords CANNOT Do

  • Charge pet fees, deposits, or pet rent for ESAs
  • Require ESA owners to use paid third-party screening platforms
  • Deny housing to ESA owners in no-pet buildings
  • Discriminate based on disability under Illinois Human Rights Act
  • Chicago landlords: fail to return deposits within 30-45 days with itemized deductions

What Illinois Landlords CAN Legally Do

  • Charge any pet deposit amount for conventional pets (no statewide cap)
  • Enforce no-pet policies for conventional pets
  • Request reasonable ESA documentation
  • Charge monthly pet rent for conventional pets

If Your Illinois Landlord Violated Your Rights

1

Document Everything

Save all communications, lease clauses, and payment records. Chicago RLTO violations can result in significant landlord liability.

2

File with IDHR or Chicago CHR

File at Illinois DHR or the Chicago Commission on Human Relations.

3

Get Legal Help

Contact Illinois Legal Aid Online or Chicago's CLCC. Chicago RLTO violations can mean double damages.

Free HUD Complaint Letter Template

Copy and customize this template for your HUD complaint or direct communication with your landlord. Replace all [BRACKETED] placeholders with your actual information.

📋 HUD Complaint / Reasonable Accommodation Request — Copy & Paste

To: [LANDLORD NAME / PROPERTY MANAGEMENT COMPANY] Address: [LANDLORD ADDRESS] Date: [DATE] Re: Fair Housing Act — Reasonable Accommodation Request / Complaint Property: [RENTAL PROPERTY ADDRESS] Tenant: [YOUR NAME] Dear [LANDLORD NAME], I am writing to formally [request a reasonable accommodation / notify you of a Fair Housing violation] under the Fair Housing Act (42 U.S.C. § 3604) and HUD regulations (24 C.F.R. Part 100). I have a disability as defined under the Fair Housing Act. My emotional support animal, [PET NAME], a [SPECIES/BREED], provides assistance related to my disability. Under the Fair Housing Act and HUD guidelines, emotional support animals are not pets and are exempt from pet fees, pet deposits, and pet rent. On [DATE], you [DESCRIPTION OF VIOLATION — e.g., "charged me a $250 pet deposit for my ESA" / "required me to pay a PetScreening fee of $25 for my ESA" / "refused to waive pet rent for my documented ESA"]. This action constitutes a failure to provide a reasonable accommodation under 42 U.S.C. § 3604(f)(3)(B) and HUD guidance issued in 2020 (FHEO-2020-01). I request that you: 1. Immediately refund [AMOUNT] charged in violation of the Fair Housing Act 2. Confirm in writing that no pet fees will be applied to my ESA 3. Cease any further pet fee charges related to my ESA If I do not receive a response within 10 days, I will file a complaint with Illinois DHR / Chicago Commission on Human Relations and/or HUD. Sincerely, [YOUR NAME] [YOUR CONTACT INFORMATION] [DATE]