What happens if a fee is not on the first page of an Illinois lease?
Quick answer
The tenant does not have to pay it. For residential leases entered into after the law takes effect on January 1, 2027, every non-optional fee, one-time or recurring, must be explicitly listed on the first page of the lease; if it is not, the tenant is not liable for that fee (765 ILCS 705/35(b)). Owner-occupied buildings with 6 units or fewer are exempt.
What does the law say? Key facts and official sources
| Item | What the law says | Source |
|---|---|---|
| Start | January 1, 2027: Public Act 104-0514 moved the start date of HB 3564 from July 1, 2026 to January 1, 2027; applies to leases entered into after that date (35(e)) | Public Act 104-0514 |
| First page of the lease | All non-optional fees, one-time or recurring, must be explicitly on the first page; if not, the tenant is not liable for the fee (35(b)) | 765 ILCS 705/35 (Public Act 104-0479) |
| Listings | Non-optional fees must be disclosed clearly and conspicuously in the listing or an accompanying weblink at the time of listing (35(b)(1)) | 765 ILCS 705/35 (Public Act 104-0479) |
| Renaming | A landlord may not rename a fee or charge to avoid the Section (35(e)) | 765 ILCS 705/35 (Public Act 104-0479) |
| Exempt | Leases for dwelling units in owner-occupied premises containing 6 units or fewer (35(e)) | 765 ILCS 705/35 (Public Act 104-0479) |
| Penalty | No fixed fine. Any person alleging a violation may sue; the court may order injunctive relief, monetary relief, attorney's fees and costs (35(f)) | 765 ILCS 705/35 (Public Act 104-0479) |
| Last verified | November 1, 2026 | Astor Ventures |
Which fees count as non-optional?
The Section does not define "non-optional". It covers fees "regardless of whether they are one-time fees or recurring fees". A charge every tenant must pay under the lease is the plain case; an add-on the tenant can decline is the opposite case.
Does putting a fee on page one make it legal?
No. Section 35(c) bans 11 kinds of fees whatever page they are on, including renewal fees, eviction notice fees, routine maintenance fees and application fees over $50 (with a narrow background-check exception).
What about leases signed before 2027?
The Section applies to residential leases entered into after its effective date (35(e)), which Public Act 104-0514 set at January 1, 2027.
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What else do people ask?
Can a tenant sue?
Yes. Any person alleging a violation may bring a civil action (35(f)).
Is there a state fine?
No fixed fine; the court may order injunctive relief, monetary relief, attorney's fees and costs (35(f)).
Can my city add stricter rules?
Local governments may regulate tenant fees, but at a minimum as strictly as this Section (35(d)).
Is this legal advice?
No. General information only.
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