LANDLORD-TENANT FEES

Illinois General Assembly - Full Text of SB3763

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SB3763 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3763

Introduced 2/5/2026, by Sen. Mike Simmons

SYNOPSIS AS INTRODUCED:

765 ILCS 705/35 new

Amends the Landlord and Tenant Act. Requires landlords to disclose
all non-optional fees in a clear and conspicuous manner in the listing and
on the first page of the lease. Requires landlords to disclose if any
utility bills are non-optional fees in the listing and the first page of
the lease. Provides that if a landlord failed to comply with this
disclosure, the landlord may not collect the non-optional fee. Prohibits a
landlord from charging a bundled services fee that combines optional and
non-optional fees. Prohibits a landlord from charging a tenant with a fee
or fine that includes, but is not limited to, an application fee that
includes a background check of more than $50, an after-hours request for
maintenance service, or pest abatement or removal in which the tenant has
not contributed to the infestation. Prohibits a landlord from charging a
tenant more than one of the following: (i) a security deposit, (ii) a
move-in fee, or (iii) a move-out fee. Exempts leases in owner-occupied
buildings containing 6 or fewer units and to nonresidential tenancies.
Defines terms. Creates a civil cause of action for violation of the Act by
a landlord. Makes other changes. Limits home rule.
LRB104 19535 JRC 32983 b

A BILL FOR

SB3763
LRB104 19535 JRC 32983 b
1

AN ACT concerning civil law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Landlord and Tenant Act is amended by
5
adding Section 35 as follows:

6

(765 ILCS 705/35 new)
7

Sec. 35.
Rental fee transparency and limitations.
8

(a) Definitions. As used in this Section:
9

"Application fee" means a request by a landlord for a fee
10
to cover the costs of obtaining information about a
11
prospective tenant. Application fee includes, but is not
12
limited to, background checks, screening reports, and any
13
additional expenses for reviewing this information.
14

"Bundled services" fee means a request or demand by a
15
landlord that a tenant pay one amount for several different
16
services or benefits. This fee may also be known as a "resident
17
benefit fee" or "resident benefit package."
18

"Landlord" means the owner, agent, lessor or sublessor, or
19
the successor in interest of any of them, of a dwelling unit or
20
the building of which it is part.
21

"Lease" means all written or oral agreements embodying the
22
terms and conditions concerning the use and occupancy of a
23
dwelling unit by a tenant.

SB3763
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LRB104 19535 JRC 32983 b
1

"Listing" means an advertisement or written notice that
2
states that a property is available for lease and includes a
3
rental price.
4

"Move-in fee" means the fee that a landlord charges to a
5
tenant that is reasonably related to the landlord's cost for a
6
tenant moving into the dwelling unit including, but not
7
limited to, additional security costs or additional trash
8
removal.
9

"Move-out fee" means the fee that a landlord charges to a
10
tenant that is reasonably related to the landlord's cost for a
11
tenant moving out of the dwelling unit including, but not
12
limited to, additional security costs or additional trash
13
removal.
14

"Non-optional fee" means an amount that a lease requires a
15
tenant to pay as a condition to reside at the property and that
16
the tenant may not opt out of paying. A non-optional fee may be
17
one-time or recurring.
18

"Security deposit" means an amount that a landlord
19
requires a tenant to pay to secure payment of rent or to
20
compensate for damage to a leased premise. Security deposit
21
includes an amount that a landlord requires a tenant to pay in
22
advance for what is frequently referred to or known as "last
23
month's rent".
24

"Tenant" means a person entitled by written or oral
25
agreement, subtenancy approved by the landlord or by
26
sufferance, to occupy a dwelling unit to the exclusion of

SB3763
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LRB104 19535 JRC 32983 b
1
others. "Tenant" also means a person applying to become a
2
tenant.

3

(b)(1) Exceptions. This Section does not apply to leases
4
in owner-occupied buildings containing 6 or fewer units.

5

(2) This Section does not apply to non-residential
6
tenancies.

7

(c)(1) Rental fee transparency. A landlord must explicitly
8
disclose all non-optional fees in a clear and conspicuous
9
manner in the listing and on the first page of the lease. The
10
landlord must disclose if any utility bills are non-optional
11
fees in the listing and on the first page of the lease. This
12
Section does not affect any rights or obligations under the
13
Rental Property Utility Service Act or Tenant Utility Payment
14
Disclosure Act.

15

(2) If the landlord has not explicitly disclosed a
16
non-optional fee in the listing and on the first page of the
17
lease, the landlord may not collect the non-optional fee.
18

(3) A landlord may not charge a bundled services fee by
19
combining optional and non-optional fees. A landlord must
20
explicitly disclose all components of a bundled services fee.

21

(d) Junk fee ban. A landlord or lease may not require that
22
a tenant pay any of the following:

23

(1) An application fee, including background checks,
24

more than $50.
25

(2) A fee or fine ancillary related to the application
26

fee except as provided in paragraph (1) of this

SB3763
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LRB104 19535 JRC 32983 b
1

subsection.
2

(3) A fee or fine for modification or renewal of a
3

lease.
4

(4) A fee or fine for creating or serving a notice of
5

termination of tenancy or filing an eviction action unless
6

a court grants an eviction order, then the court may
7

include court costs and filing fees.
8

(5) A fee or fine for after-hours requests for
9

maintenance service.
10

(6) A fee or fine for contacting the owner or property
11

manager for maintenance or service requests, lease-related
12

questions, or other items directly related to the tenancy.
13

(7) A fee or fine for travel required to complete
14

maintenance work or safety repairs.
15

(8) A fee or fine for a maintenance hotline service or
16

call to a maintenance hotline for maintenance or service
17

requests, lease-related questions, or other items directly
18

related to the tenancy.
19

(9) A fee or fine for the routine maintenance and
20

upkeep of the unit.
21

(10) A fee or fine for pest abatement or removal in
22

which the tenant has not contributed to the infestation.
23

(11) A fee or fine for an in-person walk through of the
24

unit at the time of move-in and move-out.

25

(e) Security deposits and move-in fees.
26

(1) A landlord may not charge a tenant more than

SB3763
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LRB104 19535 JRC 32983 b
1

one of the following:
2

(A) a security deposit;
3

(B) a move-in fee; or
4

(C) a move-out fee.
5

(2) If a landlord charges a move-in or move-out
6

fee, the landlord must provide the tenant with an itemized
7

list of the landlord's reasonable costs of services that
8

comprise the move-in or move-out fee. The landlord may not
9

charge a move-in or move-out fee more than the reasonable
10

cost of the expense excluding costs associated with
11

routine maintenance and upkeep of the unit or premises.

12

(f) Home rule. A unit of local government, including a
13
home rule unit, may not regulate fees charged to tenants in a
14
manner less restrictive than the regulation by the State of
15
these fees under this Section. This Section is a limitation
16
under subsection (i) of Section 6 of Article VII of the
17
Illinois Constitution on the concurrent exercise by home rule
18
units of powers and functions exercised by the State.
19

(g) Applicability. A landlord may not rename a fee or
20
charge to avoid application of this Section. This Section
21
applies to all leases entered into after the effective date of
22
this amendatory Act of the 104th General Assembly.

23

(h) Penalties. Any person alleging a violation of this
24
Section may bring a civil action, in accordance with
25
applicable law, in any court of competent jurisdiction. The
26
court may order injunctive relief, monetary relief, attorney's

SB3763
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LRB104 19535 JRC 32983 b
1
fees, and costs.

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