Illinois HB 3564: the rental "junk fee" law explained
Governor Pritzker signed HB 3564 on June 26, 2026. It became Public Act 104-0479 and adds Section 35 to the Illinois Landlord and Tenant Act (765 ILCS 705/35). It applies to residential leases entered into on or after January 1, 2027.
Updated November 1, 2026 · Based on Public Act 104-0479
The four rules in one minute
- Page one of the lease. Every non-optional fee, one-time or recurring, must be explicitly listed on the first page of the lease. If a required fee is not there, the tenant is not liable for it.
- The listing. Any ad or written notice that shows the rent must clearly and conspicuously disclose the non-optional fees, in the listing itself or in an accompanying weblink, at the time of the listing.
- Utilities. The lease or listing must say whether utilities are included in the rent.
- Banned and capped fees. Application fees are capped at $50 including background checks, and a list of fees is banned outright, from renewal fees to after-hours maintenance fees.
What counts as a non-optional fee
Any amount a tenant must pay to rent the unit, other than rent, whether it is charged once or on a schedule. Common examples are a move-in fee, a required parking or amenity fee, a mandatory technology or trash package, a utility bill-back and a resident benefit package. An add-on the tenant can decline, such as an optional storage locker, is optional. Listing optional fees too is good practice and avoids disputes.
Fees that are banned outright
These cannot be charged on a covered lease even if they are disclosed:
| Fee | Status | What the law says |
|---|---|---|
| Application / screening fee | Limited | Capped at $50 including background checks. More is allowed only for a third-party background check that costs more than $50, paid by you upfront and billed to the applicant within 14 days with the receipts. |
| Lease renewal or modification fee | Banned | Banned. No fee or fine for renewing or modifying a lease, including adding or removing a roommate. |
| After-hours maintenance request fee | Banned | Banned. No fee or fine for an after-hours maintenance request. |
| Maintenance hotline or service-call fee | Banned | Banned. No fee for a maintenance hotline or for calling one. |
| Fee for contacting the owner or manager | Banned | Banned. No fee for contacting the owner or manager about maintenance, service requests, lease questions or other tenancy matters. |
| Maintenance travel / trip charge | Banned | Banned. No fee for travel needed to complete maintenance or safety repairs. |
| Routine maintenance or upkeep fee | Banned | Banned. No fee for routine maintenance and upkeep of the unit. |
| Pest control / abatement fee | Limited | Banned when the tenant did not contribute to the infestation, so a blanket monthly pest fee is not allowed. |
| Move-in or move-out walkthrough fee | Banned | Banned. No fee for an in-person walkthrough at move-in or move-out. |
| Eviction notice or filing fee | Banned | Banned before a court grants an eviction order. Court costs and filing fees can still be recovered through the court. |
| Lockout fee (flat) | Banned | Likely banned: it is a fee for contacting the manager for a tenancy service, and after hours it is also an after-hours request fee. |
The law also says a landlord may not rename a fee to avoid the statute. What the fee pays for matters, not the label. See the banned fees in detail.
The $50 application fee cap
A rental application fee, including any background check, cannot exceed $50. The exception is a third-party background check that costs more than $50: you must pay it upfront and bill the applicant within 14 days with the provider's receipts, or the charge is waived. That charge cannot be the basis of an eviction during the first year of the lease. A second fee that duplicates screening costs is banned. More on the cap.
What the law does not do
- It does not cap security deposits or move-in fees statewide. Earlier drafts did, but the enacted law only requires them to be disclosed.
- It does not cap pet fees or pet rent.
- It does not rewrite leases signed before January 1, 2027. A renewal signed after that date is covered, and the renewal itself cannot carry a fee.
- It does not override stricter local rules. Local governments may regulate tenant fees as long as they are at least as protective.
Who is exempt
Section 35 does not apply to leases for units in owner-occupied premises with six units or fewer. Both parts must be true: the owner lives in the building, and the building has six or fewer units. Owning only a few rentals elsewhere does not qualify. Check your property.
Enforcement
A person alleging a violation can sue. The court may award injunctive relief, monetary relief, attorney's fees and costs. There is no fixed per-violation penalty, but fee-shifting makes small claims worth bringing, and a mistake in a template repeats across every lease that used it.
What to do before January 1, 2027
- List every amount a tenant or applicant can be charged, including what your software adds automatically.
- Remove banned fees and cut application fees to $50.
- Move every required fee onto page one of your lease template.
- Add the fees, or a link to them, to every listing that shows the rent. A fee page does this in one step.
- State which utilities rent includes.
More answers: HB 3564 FAQ, 30 questions · free page-one template.
Make your disclosure in about two minutes. Put every required fee on one page with a link you can paste into any listing, plus a print-ready block for page one of your lease.
Frequently asked questions
What is Illinois HB 3564?
HB 3564 is the Illinois rental fee transparency law, enacted as Public Act 104-0479. It adds Section 35 to the Landlord and Tenant Act, requiring page-one fee disclosure, listing disclosure, a $50 application fee cap and a ban on several fees.
Does HB 3564 apply to my current lease?
No. It applies to leases entered into on or after January 1, 2027. A renewal or new lease signed after that date is covered.
Does it apply outside Chicago?
Yes. It amends a state law, so it applies statewide, from Rockford to Carbondale.
What happens if a required fee is not on page one?
The tenant is not liable for that fee. The tenant may also sue for injunctive relief, damages, attorney's fees and costs.
Is there a security deposit cap in HB 3564?
No. The enacted version does not cap security deposits. Cook County's RTLO separately caps deposits at 1.5 months of rent where it applies.
Related
Not legal advice. Confirm your lease with an Illinois attorney.