ST StateBenchmarks

Illinois Rent Late Fee & Grace Period Calculator

Verified Primary Statute: Cook County RTLO § 42-805 / Chicago RLTO § 5-12-140 · Last Checked: Spot a law update? Report it
$
$
Illinois Legal AssessmentExcessive Fee ($25.00 Above Cap)
Maximum Statutory Late Fee:

$50.00

Capped under Cook County RTLO § 42-805 / Chicago RLTO § 5-12-140 at $10 for the first $1,000 plus 5% of the balance over $1,000.

Statutory Grace Period:4 days (Earliest fee: Day 6)
Days Past Statutory Due Date:5 days
Fee Charged by Landlord:$75.00
Unlawful Overcharge:+$25.00
Governing Authority:Cook County RTLO § 42-805 / Chicago RLTO § 5-12-140

Illinois Late Fee Laws at a Glance (Cook County RTLO § 42-805 / Chicago RLTO § 5-12-140)

Under the Chicago RLTO (§ 5-12-140) and Cook County RTLO, a tenant must be given at least 4 calendar days (fees start Day 5) to pay rent before late fees can accrue. In non-ordinance Illinois areas, lease terms govern grace periods.

Mandatory Grace Period 4 days (Earliest fee: Day 6)
Maximum Statutory Fee Limit Under Cook County RTLO § 42-805 and Chicago RLTO § 5-12-140(h), late fees are strictly limited to $10 total for the first $1,000 of monthly rent, plus 5% of the portion of rent that exceeds $1,000.
Written Lease Clause Required? Yes — Mandatory under state law
Primary Governing Statute Cook County RTLO § 42-805 / Chicago RLTO § 5-12-140 ↗

Related Illinois Rental Compliance Tools

Key Illinois Statutory Nuances & Legal Precedents

  • $10 + 5% Sliding Scale Formula: For an $1,800 monthly rent, the late fee is $10 (first $1,000) + 5% of $800 ($40) = $50 maximum.
  • Strict Prohibition on Additional Stacking Fees: No additional late fee may be assessed if the tenant pays the past-due rent and original late fee before the next billing cycle.
  • Tenant Remedy for Excessive Late Fees: Charging a fee in excess of the ordinance limits entitles the tenant to recover actual damages or two months' rent, whichever is greater.
Worked Statutory Calculation

Chicago Apartment Late Fee Calculation

Monthly Rent:

$2,200

Payment Day:

Day 8

Fee Charged:

$150

Max Legal Fee:

$70

Rent is $2,200 due on the 1st, paid on the 8th. Under Cook County RTLO and Chicago RLTO, the legal fee is $10 for the first $1,000 + 5% of the remaining $1,200 ($60) = $70 maximum. The landlord charged $150, exceeding the legal limit by $80.

Illinois Rent Late Fee & Grace Period FAQs

What is the legal late fee limit in Chicago and Cook County?

Under the Cook County RTLO and Chicago RLTO, late fees are capped at $10 for the first $1,000 of monthly rent, plus 5% of any rent amount exceeding $1,000.

Is there a mandatory rent grace period in Illinois?

Under Cook County and Chicago tenant ordinances, landlords must provide at least a 4-day grace period (fees start on Day 5). Outside Cook County, state statute does not mandate a grace period unless in the lease.

What happens if a Chicago landlord charges an illegal late fee?

Violations of the Chicago RLTO late fee provisions can entitle tenants to statutory damages, return of the illegal fee, and reasonable attorney's fees.

Can an Illinois landlord charge daily late fees that accumulate?

Under Cook County RTLO, daily recurring fees that exceed the statutory cap are prohibited.