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Batavia is a small city of approximately 27,000 residents in Kane County, situated along the Fox River in the western Chicago suburbs. While the majority of Batavia households are owner-occupied, a meaningful share of residents rent apartments, condominiums, and single-family homes — and those renters rely entirely on Illinois statewide tenant protections, since Batavia has enacted no local landlord-tenant ordinance.
The most common questions Batavia renters have center on security deposit returns, what happens when a landlord fails to make repairs, and what steps a landlord must follow before filing for eviction. Illinois law addresses each of these areas through the Security Deposit Return Act (765 ILCS 710), the Security Deposit Interest Act (765 ILCS 710/1 et seq.), statewide anti-retaliation provisions (765 ILCS 720/1), and established common-law habitability standards. Because Batavia is not Chicago, the Chicago Residential Landlord and Tenant Ordinance (RLTO) does not apply here.
This article summarizes the laws that govern rental housing in Batavia, Illinois. It is provided for informational purposes only and does not constitute legal advice. Renters with specific legal concerns should consult a licensed Illinois attorney or a free legal aid organization.
Rent control is prohibited in Batavia and throughout Illinois. Under the Rent Control Preemption Act, 765 ILCS 720/1, no unit of local government in Illinois — including cities, counties, or townships — may enact any ordinance or resolution that limits the amount a private landlord may charge for rent or the frequency of rent increases. This preemption has been in effect since 1997 and applies uniformly across the entire state, including Batavia and Kane County.
In practice, this means your landlord in Batavia may raise your rent by any amount and at any frequency, provided they give you proper advance written notice before the rent increase takes effect. For a month-to-month tenancy, that means at least 30 days written notice. For a fixed-term lease, the lease terms govern when and how rent can change, and most increases take effect only upon lease renewal. There is no state agency that reviews or approves rent increases, and there is no cap on how much rent may be raised.
Advocacy groups have periodically sought to repeal the state preemption law, but as of April 2026, 765 ILCS 720/1 remains fully in force. Batavia renters should carefully review lease renewal offers and understand that once a new rent amount is agreed to in writing, it becomes the binding contractual rate.
Illinois state law provides several important protections for Batavia renters, even in the absence of a local ordinance.
Security Deposits (765 ILCS 710/1 & 765 ILCS 710/2): The Illinois Security Deposit Return Act requires landlords to return a tenant's security deposit — less any lawfully deducted amounts — within 30 days of the tenant vacating the unit. If the landlord intends to make deductions, they must provide the tenant with an itemized written statement of damages and paid receipts or invoices within 30 days. Failure to comply can entitle the tenant to a penalty equal to twice the amount of the security deposit plus court costs and attorney fees. The Illinois Security Deposit Interest Act (765 ILCS 710/1) requires landlords who manage 25 or more units to pay annual interest on deposits held for more than six months.
Habitability: Illinois common law imposes an implied warranty of habitability on all residential leases, requiring landlords to maintain rental units in a condition fit for human habitation. This includes functioning plumbing, heat, structural integrity, and freedom from conditions that pose health or safety hazards. If a landlord fails to repair a material defect after receiving reasonable written notice, Illinois courts have recognized a tenant's right to withhold rent, repair-and-deduct (subject to limitations), or terminate the lease. Tenants should document all repair requests in writing and retain copies.
Notice to Terminate Tenancy: Under 735 ILCS 5/9-207, a landlord must provide at least 30 days written notice to terminate a month-to-month rental tenancy. The same 30-day minimum applies to a tenant wishing to vacate. For week-to-week tenancies, a minimum of 7 days notice is required. Fixed-term leases expire by their own terms, but many leases include automatic renewal clauses that trigger notice requirements.
Anti-Retaliation (765 ILCS 720/1): Illinois law prohibits landlords from retaliating against tenants for complaining to a government agency about housing code violations, organizing with other tenants, or exercising any legal right. Retaliatory conduct can include rent increases, eviction threats, service reductions, or harassment. A tenant who experiences retaliation may raise it as an affirmative defense in eviction proceedings and may seek damages.
Lockout and Utility Shutoff Prohibition (735 ILCS 5/9-301): Self-help eviction is illegal in Illinois. A landlord may not change the locks, remove doors or windows, or shut off utilities such as heat, water, or electricity in order to force a tenant out. The only lawful method of removing a tenant is through the court eviction process. A tenant subjected to an illegal lockout may seek emergency injunctive relief in court.
Illinois law governs security deposits for Batavia rentals through two separate statutes: the Security Deposit Return Act (765 ILCS 710/1) and the Security Deposit Interest Act (765 ILCS 710/2).
Deposit Cap: Illinois state law does not impose a maximum limit on the amount a landlord may collect as a security deposit. Batavia has no local ordinance setting a cap either. The deposit amount is set by the lease agreement.
Return Deadline: A landlord must return the full security deposit — or the remaining balance after lawful deductions — within 30 days after the tenant vacates the unit. If the landlord withholds any portion for damages or unpaid rent, they must provide a written itemized statement of deductions along with paid receipts or invoices within the same 30-day window.
Penalty for Wrongful Withholding: If a landlord fails to return the deposit or provide the required itemized statement within 30 days without lawful justification, the tenant may be entitled to recover twice the amount of the security deposit, plus court costs and reasonable attorney fees, under 765 ILCS 710/1. This penalty is meant to deter landlords from improperly holding deposits.
Interest on Deposits: Under 765 ILCS 710/2, landlords who own or manage 25 or more rental units must pay annual interest on security deposits held for more than six months. The interest rate is tied to the rate paid on passbook savings accounts. Most small-scale Batavia landlords fall below this threshold, but tenants renting from large property management companies should be aware of this requirement.
Practical Tips: Document the condition of your unit with dated photographs before move-in and again at move-out. Provide your forwarding address in writing at or before the time you vacate. Keep copies of all written communications with your landlord regarding the deposit.
In Batavia, Illinois, a landlord must follow a strict court-supervised process to evict a tenant. Self-help eviction — including changing locks, removing belongings, or shutting off utilities — is illegal under 735 ILCS 5/9-301 and may expose the landlord to legal liability.
Step 1 — Written Notice: Before filing in court, the landlord must serve the tenant with a written notice. The type and duration of notice depends on the reason for eviction:
Step 2 — Filing in Court: If the tenant does not comply with the notice, the landlord may file an eviction action (formerly called a forcible entry and detainer action) in the Kane County Circuit Court. The case is filed in the civil division, and the tenant is served with a summons and complaint.
Step 3 — Court Hearing: Both parties appear before a judge. The tenant has the right to raise defenses — including improper notice, retaliation (765 ILCS 720/1), or uninhabitable conditions. If the court rules in the landlord's favor, it issues a judgment for possession.
Step 4 — Order of Possession and Enforcement: After a judgment for possession is entered, the court may issue an order of possession. If the tenant has not vacated by the specified date, the landlord may request that the Kane County Sheriff enforce the order and physically remove the tenant. Only a sheriff or other law enforcement officer may carry out the removal.
Just Cause: Batavia does not have a just cause eviction ordinance. Landlords may decline to renew a fixed-term lease for any reason, or terminate a month-to-month tenancy with proper 30-day notice, without stating a reason — provided the decision is not retaliatory or discriminatory under applicable law.
This article is provided for general informational purposes only and does not constitute legal advice. The information on this page reflects laws and regulations as of April 2026, but tenant rights law can change. Statutes, court decisions, and local ordinances may have been amended or interpreted differently since this article was last updated. Renters in Batavia, Illinois with specific legal questions or concerns should consult a licensed Illinois attorney or contact a qualified legal aid organization such as Prairie State Legal Services or Illinois Legal Aid Online. Do not rely solely on this article to make decisions about your tenancy, lease, security deposit, or eviction proceedings.
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