Pet Deposit Rules in Illinois (IL)
Illinois is classified as Tenant-Friendly for tenants with pets. Pet deposits in Illinois are included in the total security deposit, which is capped at 1.5 months' rent. Landlords cannot charge a separate pet deposit on top of this limit. Monthly pet rent is allowed. Non-refundable pet fees are not permitted — all deposits must be refundable.
Detailed Pet Deposit Rules in Illinois
Pet Deposit and Security Deposit Limits
Illinois caps total security deposits at 1.5 months' rent, and pet deposits count toward this limit. All deposits must be refundable. Note: Chicago has its own Residential Landlord Tenant Ordinance (RLTO) with additional rules and stricter penalties for violations.
Breed and Weight Restrictions
Landlords in Illinois are allowed to impose breed restrictions in their pet policies. Common restricted breeds include pit bulls, Rottweilers, Doberman Pinschers, German Shepherds, and Chow Chows. These restrictions are set by individual landlords or property management companies and are not mandated by state law. Even in states that allow breed restrictions, landlords cannot restrict service animals based on breed under the ADA.
Weight restrictions are allowed in Illinois. Many landlords set weight limits (commonly 25-75 pounds) as part of their pet policy. These restrictions do not apply to service animals.
Service Animal Protections
Under federal law (ADA and FHA), landlords in Illinois cannot charge pet deposits, pet fees, or pet rent for service animals. Service animals are trained to perform specific tasks for people with disabilities and are not considered pets under the law. Landlords may ask only two questions: (1) Is the animal required because of a disability? (2) What task has the animal been trained to perform? They cannot require documentation, certification, or registration for service animals. Breed and weight restrictions also do not apply to service animals.
Emotional Support Animal (ESA) Rules
Illinois Human Rights Act provides additional ESA protections. Chicago has its own RLTO with stricter tenant protections.
Under the Fair Housing Act, landlords must make reasonable accommodations for emotional support animals. Unlike service animals, ESAs do not require specific training — they provide therapeutic benefit through companionship. Landlords may request documentation from a licensed healthcare provider (physician, psychologist, psychiatrist, licensed clinical social worker, etc.) confirming that the tenant has a disability-related need for the animal. Online ESA "registrations" or "certifications" are not sufficient documentation under current HUD guidance (2020).
Applicable Law
The primary statute governing pet deposits and security deposits in Illinois is 765 ILCS 710 (Security Deposit Return Act). Federal laws that also apply include the Americans with Disabilities Act (ADA) for service animals and the Fair Housing Act (FHA) for emotional support animals. Tenants who believe their rights have been violated can file complaints with HUD (1-800-669-9777), their state attorney general, or a local tenant rights organization.
Tenant Rights Checklist for Illinois
- All deposits (including pet deposits) must be refundable, minus deductions for actual damage beyond normal wear and tear.
- Your landlord cannot charge a pet deposit, fee, or rent for a service animal (federal law).
- Your landlord must make reasonable accommodations for emotional support animals with proper documentation (federal law).
- Monthly pet rent is allowed in your state. Typical amounts range from $25 to $75 per pet.
- Non-refundable pet fees are not allowed in your state. Any pet-related charge must be treated as a refundable deposit.
- Breed restrictions are allowed in your state. Landlords may restrict specific dog breeds in their pet policies.
Landlord Obligations in Illinois
- Must comply with federal ADA and FHA requirements for service animals and ESAs.
- Must clearly disclose all pet-related charges (deposits, fees, rent) in the lease agreement.
- Must return refundable pet deposits within the state-mandated timeframe, minus itemized deductions for actual damages.
- Cannot collect non-refundable pet fees or deposits — all pet-related deposits must be refundable.
- Cannot retaliate against tenants who assert their rights regarding service animals or ESAs.
- Must maintain the property in habitable condition regardless of pet-related deposits collected.
States with Similar Pet Deposit Rules
These states have the same type of pet deposit regulation as Illinois (Included in Security Deposit Cap):
| State | Pet Deposit Rule | Pet Rent? | Non-Refundable? | Rating |
|---|---|---|---|---|
| Illinois (IL) | Part of security deposit (max 1.5 months' rent) | Yes | No | |
| Alaska (AK) | Part of security deposit (max 2 months' rent) | Yes | Yes | |
| Arizona (AZ) | Part of security deposit (max 1.5 months' rent) | Yes | Yes | |
| Arkansas (AR) | Part of security deposit (max 2 months' rent) | Yes | Yes | |
| Connecticut (CT) | Part of security deposit (max 2 months' rent, 1 month for 62+) | Yes | No | |
| Delaware (DE) | Part of security deposit (max 1 month's rent) | Yes | No |
Need More Information?
Use our pet deposit lookup tool to quickly check any state's rules, or browse all 50 states + DC to compare pet deposit laws across the country. Remember: this information is for general educational purposes only and does not constitute legal advice. For questions about your specific situation, contact a local attorney or your state's tenant rights organization.