Is Airbnb & Short-Term Rentals Legal in Illinois? (2026)

RESTRICTED
Confidence: High

Partially — Airbnb & Short-Term Rentals are legal with restrictions in Illinois as of 2026.

Key Restriction
Legal with local permits/registration required
Penalty
Regulatory violation
Last Updated
2026-03-25

Law changed in 2025: In the 2025-2026 legislative session, bills such as SB1749 and HB2663 were introduced to create a specific Short-Term Rental Occupation Tax, indicating a move towards more standardized state-level taxation. No major operational regulations were passe...

Advertisement

Quick Answer

Short-term rentals are legal in Illinois but subject to local regulation. In the 2025-2026 legislative session, bills such as SB1749 and HB2663 were introduced to create a specific Short-Term Rental Occupation Tax, indicating a move towards more standardized state-level taxation. Check local perm...

What the Law Says

Illinois state law primarily imposes a 6% hotel occupancy tax on short-term rentals. The majority of regulations are managed by municipalities, with Chicago having one of the most extensive and restrictive regulatory frameworks in the country.

Illinois Property & Housing Code (Justia)
Category Details
State-Level Rules Legal with local permits/registration required
Local Permit Requirements Must comply with local zoning and licensing
Violation Penalties Fines for operating without required permits. Tax penalties for unreported rental income.
Pending Legislation None known
Recent Changes

In the 2025-2026 legislative session, bills such as SB1749 and HB2663 were introduced to create a specific Short-Term Rental Occupation Tax, indicating a move towards more standardized state-level taxation. No major operational regulations were passed statewide.

Enforcement Reality

Enforcement is highly localized, with cities like Chicago and Elmhurst having detailed licensing requirements, while areas like unincorporated Lake County prohibit short-term rentals in residential zones. Condo associations also have significant enforcement power through their bylaws.

Charge Level
Regulatory violation
Enforcement Likelihood
High in Chicago, moderate in other cities with ordinances
Common Triggers
Operating in Chicago without a license or registration, violating the city's 'one-host, one-property' rule, failure to pay the state's 6% hotel tax.
Common Mistakes

Common violations include operating without the required local license, violating Chicago's primary residence rule, and failing to maintain the mandated liability insurance coverage. Another frequent issue is violating a condominium association's bylaws which often restrict or forbid short-term rentals.

Local Exceptions

State law sets the baseline. These cities or counties have additional rules that may differ:

Chicago
Requires a license for most hosts, limits hosts to listing only their primary residence, and has different rules for single-family homes vs. multi-unit buildings.
Evanston
Requires a license and limits short-term rentals to the host's primary residence.
Naperville
Prohibits short-term rentals of non-owner-occupied properties in most residential zones.
Peoria
Requires a Special Use permit for short-term rentals in most zoning districts.
Elmhurst
Mandates a short-term rental license and occupancy permit for all operators.

Bottom Line

Airbnb & Short-Term Rentals are legal with restrictions in Illinois. This activity is permitted, but specific conditions apply. Violating those conditions can result in fines or criminal charges. Read the rules carefully and consult an attorney if unsure.

Illinois vs. the Rest of the US

Across the US, operating a short-term rental is fully legal in 35 states, restricted in 15, and illegal in 0. Illinois falls in the RESTRICTED category.

View the full 50-state map →

Neighboring States

Laws change at state lines. Here is how bordering states compare on Airbnb & Short-Term Rentals:

Advertisement

Frequently Asked Questions

Is operating a short-term rental legal in Illinois?
Partially — Airbnb & Short-Term Rentals are legal with restrictions in Illinois as of 2026. Short-term rentals are legal in Illinois but subject to local regulation. In the 2025-2026 legislative session, bills such as SB1749 and HB2663 were introduced to create a specific Short-Term Rental Occupation Tax, indicating a move towards more standardized state-level taxation. Check local perm...
What are the restrictions on operating a short-term rental in Illinois?
Legal with local permits/registration required. Must comply with local zoning and licensing
What mistakes do people make with operating a short-term rental in Illinois?
Common violations include operating without the required local license, violating Chicago's primary residence rule, and failing to maintain the mandated liability insurance coverage. Another frequent issue is violating a condominium association's bylaws which often restrict or forbid short-term rentals.
Does the law on operating a short-term rental change at the Illinois border?
Yes. Airbnb & Short-Term Rentals are legal in neighboring Wisconsin. Laws change at state lines — check each state individually before traveling.

Interactive Tools

Get Airbnb & Short-Term Rentals Legal Updates

Get notified when airbnb & short-term rentals laws change in any state.

No spam. Unsubscribe anytime.

EH
Ethan Harper Independent Legal Researcher

Reviewed by cross-referencing the cited state statute against current legislative databases and regulatory publications.

Last reviewed: 2026-03-25 Method: Statute cross-reference

Sources & Verification

2.
Statute Summary
Illinois state law primarily imposes a 6% hotel occupancy tax on short-term rentals. The majority of regulations are managed by municipalities, with Chicago having one of the most extensive and restri…
Verified: 2026-03-25 Reviewed by: Ethan Harper Method: Statute cross-reference Confidence: High

This page was reviewed by Ethan Harper by comparing the legal status against the cited state statute. AllowedHere is an informational resource and does not provide legal advice. Consult a licensed attorney for guidance specific to your situation.

Comprehensive Illinois Legal Guides

Explore all related legal topics in Illinois — statutes, penalties, and enforcement in one place.

More Illinois Legality Guides

Airbnb & Short-Term Rentals in Other States

Advertisement