By the LeaseHelper editorial team
Illinois landlords who skip required lease disclosures in 2026 face penalties ranging from $100 to twice the tenant's security deposit — and a new state law that took effect January 1, 2026 added one more mandatory document to every single lease you sign.
Illinois has layered its disclosure requirements across more than a dozen statutes, and the stack grew again at the start of this year. This post walks through the five most common mistakes Illinois landlords make when putting together a residential lease — along with the specific statute numbers, deadlines, and dollar amounts you need to get it right.
Mistake #1: Not knowing the 2026 "Summary of Rights" requirement exists
This is the freshest trap in the stack. Effective January 1, 2026, the Summary of Rights for Safer Homes Act requires landlords to provide a summary of rights to all Illinois residential tenants as the first page of their written lease, whether the lease is new or a renewal. The document is prepared by the Illinois Department of Human Rights, and it covers tenant protections related to domestic and sexual violence under state law.
Under the Summary of Rights for Safer Homes Act (765 ILCS 752), it is the responsibility of a landlord or a landlord's agent to attach a copy of the summary as the first page of any written residential lease and to obtain the signature of each tenant in the acknowledgment of receipt at the bottom of each page of the summary. That's not optional language — every adult tenant on the lease must sign it.
The penalty for skipping it is immediate. A landlord who is proven to have failed to comply with the Summary of Rights for Safer Homes Act is liable for the greater of: (i) the tenant's actual damages, if any, not to exceed $2,000, or (ii) $100. The IDHR has made the document available for free download and translation. Print it, attach it as page one, and get signatures. There's no workaround.
Mistake #2: Skipping the radon pamphlet because you've never tested
Many landlords assume radon disclosure only matters if they've found elevated radon levels. That's wrong. Landlords are not required to test for radon, but must provide tenants with the Illinois "Radon Guide for Tenants," copies of any records that indicate a radon hazard to the tenant, and the Disclosure of Information on Radon Hazards to Tenants form.
The Illinois Radon Awareness Act (420 ILCS 46) requires the disclosure of radon information by the lessor to potential tenants or renewing tenants. At the time of a prospective tenant's application to lease a dwelling unit, before a lease is entered into, or at any time during the leasing period upon request, the lessor must provide the IEMA-OHS pamphlet entitled "Radon Guide for Tenants." Note the timing: this is due at the application stage or before lease signing — not just at move-in.
The radon disclosure obligation applies specifically to dwelling units on the second floor or below, because those units have meaningful radon exposure risk. If you own a garden-level, basement, or first-floor unit and you haven't been handing out the IEMA pamphlet, you're out of compliance every single lease cycle.
Mistake #3: Missing the flood disclosure for lower-level and flood-zone units
As of January 1, 2025, a landlord must provide a flood plain disclosure to tenants in writing prior to signing the lease if that property is located in the FEMA special flood hazard area (765 ILCS 705/25). But the obligation doesn't stop at FEMA-designated zones.
Prior to signing the lease, a landlord is required to disclose if the property is located in a 100-year flood plain and if the landlord has any actual knowledge that the rental property, or any of its parking areas, has been subjected to flooding, and if so, the frequency of that flooding. A landlord leasing a lower-level unit must clearly disclose, in writing prior to signing the lease, to each of the tenants in that lower-level unit whether that unit or any portion of the property has experienced flooding in the last 10 years, and if so the frequency of the flooding.
The consequences of non-disclosure are severe. If a landlord fails to make the required disclosures and a tenant subsequently discovers the property is in a FEMA 100-year floodplain, within 30 days after a tenant becomes aware of that fact, the tenant may terminate the lease. If the tenant elects to terminate, the landlord must return all rent and fees paid in advance within 15 days of receiving notice. A missed form could unwind an entire tenancy.
Mistake #4: Omitting smoke detector and carbon monoxide detector information
These two disclosures are quick to produce and easy to forget. Landlords must give one tenant per dwelling written information about smoke detector testing and maintenance (425 Ill. Comp. Stat. § 60/3(d)). Landlords must also give one tenant per dwelling written information regarding carbon monoxide alarm testing and maintenance (430 Ill. Comp. Stat. § 135/10(c)).
"One tenant per dwelling" means you don't need to hand a separate copy to each roommate — but you do need to deliver it in writing to someone in that unit for each tenancy. A verbal walkthrough doesn't satisfy the statute. Keep a signed acknowledgment in the tenant file.
Mistake #5: Ignoring the rent concession disclosure (and the misdemeanor attached to it)
Offering a free month, a reduced-rate move-in period, or a rent credit to land a tenant? You need to put that on the face of the lease — literally. When a rent concession is made, the landlord must visibly display the words "Concession Granted" as a legend across the face of the rental agreement, in text that is plainly legible and in letters not less than one-half inch in height. In addition, a memorandum on the margin or across the face of the lease must state the amount, extent, and nature of each concession.
Any person or corporation violating the provisions of this Act, by using or exhibiting to any person any written lease not having endorsed thereon any and all concessions as required, shall be deemed guilty of a Class A misdemeanor. (765 ILCS 730/6.) That's a criminal penalty, not just a civil fine. The Rent Concession Act dates to 1925, yet it still catches landlords who offer a one-month free deal and fail to mark it on the lease document.
The law does not state that a concession cannot be granted, simply that it must be disclosed in the lease agreement. So concessions are fine — just write "Concession Granted" in half-inch text across the face of the lease and describe the deal in a margin note. Done.
Quick-Reference: Illinois Lease Disclosure Checklist (2026)
| Disclosure | Statute | Who It Applies To | When Required | Key Penalty |
|---|---|---|---|---|
| Summary of Rights for Safer Homes | 765 ILCS 752 | All residential landlords statewide | First page of every new or renewal lease (eff. Jan 1, 2026) | Greater of actual damages (up to $2,000) or $100 |
| Landlord Name & Address | 765 ILCS 705/1 | All residential landlords statewide | In the lease or by written notice | Lease term may be voidable |
| Radon Pamphlet & Disclosure Form | 420 ILCS 46/26 | Units on 2nd floor or below | At application, before lease signing, or on request | Tenant may terminate lease if elevated radon found |
| Lead-Based Paint | Title X, § 1018 (federal) | Properties built before 1978 | Before lease is signed | Federal civil penalties up to $19,507 per violation |
| Flood Hazard | 765 ILCS 705/25 | FEMA flood zone or lower-level units with known flood history | In writing before lease is signed | Tenant may void lease; landlord must refund all pre-paid rent within 15 days |
| Smoke Detector Info | 425 ILCS 60/3(d) | All residential landlords statewide | In writing to one tenant per dwelling | Statutory liability for noncompliance |
| Carbon Monoxide Detector Info | 430 ILCS 135/10(c) | All residential landlords statewide | In writing to one tenant per dwelling | Statutory liability for noncompliance |
| Rent Concession | 765 ILCS 730/3 | Any landlord offering a rent concession | On the face of the lease at signing | Class A misdemeanor |
| Shared Utility Allocation Formula | 765 ILCS 740/5 | Units where utilities are split among multiple tenants | In the lease | Potential lease challenge |
A note on Chicago: separate rules that override state law
If any of your units are within Chicago city limits, you're not just working from the state statutes above — you're also subject to the Chicago Residential Landlord and Tenant Ordinance (CRLTO). The CRLTO requires landlords in Chicago to inform tenants of their rights and responsibilities. If your property is located within the city limits of Chicago, you will need to use Chicago-specific lease documents tailored to Chicago law.
Chicago and Evanston local ordinances impose stricter rules, requiring landlords to hold security deposits in separate, interest-bearing accounts, provide written disclosures about where the funds are kept, and pay or credit interest to the tenant, with penalties for noncompliance. Chicago also requires a written receipt at the time the security deposit is collected. These requirements exist on top of, not instead of, the state disclosures listed above.
About LeaseHelper: We build state-compliant lease, eviction, and rental document generators for small landlords and property managers. We publish guides on landlord-tenant law, security deposits, and evictions, updated as state regulations change.
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We build state-compliant lease, eviction, and rental document generators for small landlords and property managers. We publish guides on landlord-tenant law, security deposits, and evictions, updated as state regulations change.
Get started →Frequently asked questions
Does the new 2026 Summary of Rights requirement apply to lease renewals, or only new leases?
It applies to both. The Summary of Rights for Safer Homes document is required for all residential leases in Illinois, new or renewed, as of January 1, 2026. That means if you're renewing an existing tenant's lease on any date in 2026 or later, you must attach the state-issued document as the first page and collect a signed acknowledgment. Skipping it on a renewal carries the same penalty as skipping it on a new lease — up to $2,000 or $100, whichever is greater. Download the current version directly from the Illinois Department of Human Rights website.
My rental is a small building — does the Security Deposit Return Act still apply to me?
Yes, as of January 1, 2024. The Illinois Security Deposit Return Act (765 ILCS 710) was amended to include all residential units in Illinois, regardless of building size, and it probably applies to tenants who moved out of their unit on or after January 1, 2024. Before that change, the SDRA only covered buildings with five or more units. Now even single-unit landlords are on the hook for the 30-to-45-day return timeline and itemized deduction requirements. Failure to comply can expose you to a penalty of twice the wrongfully withheld amount plus attorney's fees.
I offered my new tenant the first month free. Do I really need to put "Concession Granted" on the lease in half-inch letters?
Yes, exactly that. When a rent concession is made, the landlord must visibly display the words "Concession Granted" as a legend across the face of the rental agreement in text plainly legible and in letters not less than one-half inch in height. In addition, a memorandum on the margin or across the face of the lease must state the amount, extent, and nature of each concession. Failure to display the legend and describe the concession is unlawful and a violation of the Rent Concession Act (765 ILCS 730). Violating that Act is a Class A misdemeanor. The concession itself is perfectly legal — it just has to be disclosed with that specific language on the face of the signed document.
I own a first-floor unit in a building that has never had a radon test done. Do I still need to give the radon disclosure?
Yes — the radon pamphlet requirement under 420 ILCS 46/26 is triggered by the location of the unit (second floor or below), not by test results. Landlords are not required to test for radon but must provide tenants with the Illinois "Radon Guide for Tenants," copies of any records that indicate a radon hazard, and the Disclosure of Information on Radon Hazards to Tenants form. These disclosures must be made at the time of application, before a lease is entered into, or at any time during the leasing period upon request. If you have no test records, you disclose that fact on the form. The IEMA-OHS pamphlet and disclosure form are available free from the Illinois Emergency Management Agency website.