Bill Text: IL HB3564 | 2025-2026 | 104th General Assembly | Enrolled


Bill Title: Amends the Landlord and Tenant Act. Adds provisions concerning rental fee transparency by requiring all non-optional fees, regardless of whether they are one-time fees or recurring fees, to be explicitly contained on the first page of a lease agreement. Provides that a tenant shall not be liable for payment of any fee that is not explicitly contained on the first page of the lease agreement. Requires a landlord to disclose in the lease agreement or unit listing whether utilities are included in the rent. Prohibits certain fees including: (i) a fee for a rental application or background check in excess of $50, with some exceptions; (ii) a fee or fine for modification or renewal of a lease agreement; (iii) a fee or fine for after-hours requests for maintenance service; (iv) a fee or fine for pest abatement or removal where the tenant has in no way contributed to the infestation; and other fees. Limits the concurrent exercise of home rule powers if inconsistent with the provisions of the amendatory Act. Provides that the amendatory Act applies to all lease agreements for residential rental property entered into after the effective date of the amendatory Act; and that a landlord may not rename a fee or charge to avoid application of the Act. Creates a civil action for any person alleging a violation of the rental fee transparency and fee ban provisions under the amendatory Act. Effective July 1, 2026.

Sponsorship: Partisan Bill (Democrat 34)

Status: (Passed) 2026-06-26 - Public Act . . . . . . . . . 104-0479 [HB3564 Detail]

Download: Illinois-2025-HB3564-Enrolled.html

 


 
HB3564 EnrolledLRB104 10911 JRC 20993 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Landlord and Tenant Act is amended by
5adding Section 35 as follows:
 
6    (765 ILCS 705/35 new)
7    Sec. 35. Rental fee transparency and limitations.    
8    (a) As used in this Section, "listing" means an
9advertisement or written notice that conveys a property is for
10lease and includes the rental price.
11    (b) Rental fee transparency. All non-optional fees,
12regardless of whether they are one-time fees or recurring
13fees, shall be explicitly contained on the first page of a
14lease agreement. If a fee is not explicitly contained on the
15first page of a lease agreement, a tenant shall not be liable
16for payment of such fee.
17        (1) Non-optional fees shall be disclosed in a clear
18    and conspicuous manner in a listing of residential
19    property or in an accompanying weblink at the time of the
20    listing.
21        (2) In a lease agreement disclosure or unit listing,
22    the landlord must disclose whether utilities are included
23    in rent.

 

 

HB3564 Enrolled- 2 -LRB104 10911 JRC 20993 b

1    (c) Junk fee ban. No landlord or lease agreement may
2require the payment by the tenant of any of the following:
3        (1) A fee for a rental application, including
4    background checks, in excess of $50. A landlord may charge
5    a fee over $50 for a third-party background check only if:
6            (A) the actual cost of the third-party background
7        check service is greater than $50;
8            (B) the landlord pays the upfront cost of the
9        third-party background check service; and
10            (C) the landlord bills the applicant within 14
11        days of the third-party background check service with
12        receipts from the third-party background check service
13        provider.
14        If the landlord does not submit the bill and receipts
15    within 14 days, the fee for a third-party background check
16    is waived. Under no circumstances may this fee be used as a
17    basis for an eviction action within the first year of a
18    lease agreement.
19        (2) A fee or fine ancillary to the application fee at
20    the time of the application that is intended to duplicate
21    the costs of tenant screening or to include costs
22    unrelated to tenant screening. This paragraph shall not be
23    construed to limit the ability of the landlord to charge
24    an application fee to cover the costs of tenant screening.
25        (3) A fee or fine for modification or renewal of a
26    lease agreement.

 

 

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1        (4) A fee or fine for an eviction notice or the filing
2    of an eviction action prior to the court granting an
3    eviction order. This paragraph shall not be construed to
4    limit the ability of the landlord to recover court costs
5    and filing fees.
6        (5) A fee or fine for after-hours requests for
7    maintenance service.
8        (6) A fee or fine for contacting the building owner or
9    property manager for maintenance or service requests,
10    lease-related questions, or other items directly related
11    to the tenancy.
12        (7) A fee or fine for travel required to complete
13    needed maintenance work or safety repairs.
14        (8) A fee or fine for a maintenance hotline service or
15    call to a maintenance hotline for maintenance or service
16    requests, lease-related questions, or other items directly
17    related to the tenancy.
18        (9) A fee or fine for the routine maintenance and
19    upkeep of the unit.
20        (10) A fee or fine for pest abatement or removal where
21    the tenant has in no way contributed to the infestation.
22        (11) A fee or fine for an in-person walk through of the
23    unit at the time of move-in and move-out.
24    (d) Home rule. Any home rule unit of local government,
25non-home rule municipality, or non-home rule county within the
26unincorporated territory of the county may regulate fees

 

 

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1charged to tenants, but such regulations must at a minimum,
2restrict fees charged to tenants in a manner equal to this
3Section. This Section is a limitation under subsection (i) of
4Section 6 of Article VII of the Illinois Constitution on the
5concurrent exercise by home rule units of powers and functions
6exercised by the State.
7    (e) Applicability. A landlord may not rename a fee or
8charge to avoid application of this Section. This Section
9applies to all lease agreements for residential rental
10property entered into after the effective date of this
11amendatory Act of the 104th General Assembly, except that this
12Section does not apply to lease agreements entered into for
13dwelling units in owner-occupied premises containing 6 units
14or fewer.
15    (f) Penalties. Any person alleging a violation of this
16Section may bring a civil action, in accordance with
17applicable law, in any court of competent jurisdiction. The
18court may order injunctive relief, monetary relief, attorney's
19fees, and costs.    
 
20    Section 99. Effective date. This Act takes effect July 1,
212026.
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