Tenant Rights in Bourbonnais, Illinois

Key Takeaways

  • None — prohibited by Illinois state law (765 ILCS 720)
  • Must be returned within 30 days of lease end with itemized deductions; failure may entitle tenant to the full deposit plus damages under 765 ILCS 710
  • At least 30 days written notice required to terminate a month-to-month tenancy under Illinois law
  • No just-cause requirement in Bourbonnais; however, landlords must serve proper written notice and obtain a court judgment before removal
  • Illinois Legal Aid Online, Prairie State Legal Services, Lawyers Committee for Better Housing

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1. Overview: Tenant Rights in Bourbonnais

Bourbonnais is a village in Kankakee County, Illinois, located approximately 55 miles south of Chicago along the Kankakee River corridor. Home to Olivet Nazarene University, Bourbonnais has a notable student renter population as well as working families and long-term residents who rent single-family homes, apartments, and townhomes throughout the village. Renters in Bourbonnais frequently search for information about security deposit returns, what notice their landlord must give before ending a lease, and what steps are required before an eviction can proceed.

Bourbonnais does not have its own tenant protection ordinances beyond what Illinois state law provides. That means renters here rely on statewide statutes — particularly the Illinois Security Deposit Return Act (765 ILCS 710), the Security Deposit Interest Act (765 ILCS 710/0.01 et seq.), and Illinois common law on habitability — for their core protections. Illinois law also prohibits self-help evictions and landlord retaliation, giving tenants meaningful recourse when their rights are violated.

This article is for informational purposes only and does not constitute legal advice. Laws can change, and individual circumstances vary. If you have a specific legal problem, contact a licensed Illinois attorney or a legal aid organization serving Kankakee County.

2. Does Bourbonnais Have Rent Control?

Bourbonnais has no rent control, and Illinois state law expressly prohibits any local government from enacting it. Under 765 ILCS 720 (the Rent Control Preemption Act), home-rule and non-home-rule municipalities alike are barred from passing ordinances that control or stabilize residential rents. This means the Bourbonnais village government cannot cap how much your landlord charges for rent or limit the size of annual rent increases — regardless of local housing conditions.

In practical terms, a landlord in Bourbonnais can raise your rent by any amount, at any time, as long as they provide proper advance notice before the change takes effect. For a month-to-month tenant, that means at least 30 days of written notice before the new rate applies. For tenants with a fixed-term lease, the rent cannot be increased until the lease expires unless the lease itself permits mid-term adjustments. Once the current lease term ends, a landlord may offer renewal at a higher rate or decline to renew entirely — there is no local law requiring them to justify either decision.

3. Illinois State Tenant Protections That Apply in Bourbonnais

Illinois state law provides several important protections for renters in Bourbonnais. Each major protection is summarized below with the relevant statute.

Security Deposit Return (765 ILCS 710): The Illinois Security Deposit Return Act requires landlords who hold a security deposit to return it — along with an itemized written statement of any deductions — within 30 days after the tenant vacates the unit. If the landlord fails to comply without a legitimate reason, the tenant may be entitled to recover the full deposit amount plus penalties. Landlords of buildings with 25 or more units must pay annual interest on deposits held for more than six months under the Security Deposit Interest Act (765 ILCS 710/0.01).

Implied Warranty of Habitability: Under Illinois common law (recognized in Jack Spring, Inc. v. Little, 50 Ill. 2d 351 (1972)) and reinforced by the Illinois Landlord-Tenant Act, landlords must maintain rental units in a safe, sanitary, and habitable condition throughout the tenancy. This includes functioning heat, plumbing, structural integrity, and freedom from serious pest infestations. If a landlord fails to make necessary repairs after reasonable notice, a tenant may have remedies including rent withholding or repair-and-deduct, though these remedies carry procedural requirements and tenants should consult legal aid before acting unilaterally.

Notice to Terminate Tenancy: Under 735 ILCS 5/9-207, terminating a month-to-month residential tenancy requires at least 30 days of written notice from either the landlord or the tenant before the intended termination date. For fixed-term leases, the tenancy ends on the lease expiration date unless renewed, with no additional notice required unless specified in the agreement.

Anti-Retaliation (765 ILCS 720/1): Illinois law prohibits a landlord from retaliating against a tenant who reports housing code violations, contacts a government agency about habitability issues, or exercises any legal right under the lease or state law. Prohibited retaliatory acts include raising rent, reducing services, or attempting to evict. A tenant who proves retaliation in court may recover damages and attorney fees.

Lockout and Utility Shutoff Prohibition: Under 720 ILCS 5/21-2 and Illinois common law, a landlord cannot engage in self-help eviction. Changing locks without a court order, removing doors or windows, or shutting off utilities to force a tenant out are unlawful acts. A tenant subjected to a self-help eviction may pursue an emergency injunction and damages in court.

4. Security Deposit Rules in Bourbonnais

Illinois does not impose a statewide statutory cap on the amount a landlord may charge for a security deposit in Bourbonnais. Landlords may generally request whatever deposit amount the market supports, subject to what the tenant agrees to in the lease. However, once a deposit is collected, specific rules govern how it must be held and returned.

Return Deadline: Under the Illinois Security Deposit Return Act (765 ILCS 710/1), a landlord must return the security deposit — or the balance after permissible deductions — within 30 days after the tenant surrenders possession of the unit. If the landlord intends to withhold any portion, they must provide the tenant with a written, itemized statement of deductions at the time of or before the return.

Deductions: Permissible deductions are limited to unpaid rent and damages beyond normal wear and tear. Ordinary wear and tear — such as minor scuffs on walls or worn carpet from regular use — cannot lawfully be charged against a security deposit.

Penalty for Non-Compliance: If a landlord fails to return the deposit or provide the required itemized statement within the 30-day window, the tenant may be entitled to recover the entire deposit amount regardless of any actual damages the landlord might otherwise have claimed (765 ILCS 710/1). Tenants should document the condition of the unit at move-out with dated photographs and written correspondence requesting return of the deposit.

Interest on Deposits: Landlords who own residential buildings with 25 or more units must pay interest on security deposits held for more than six months, at a rate set annually by the Illinois Department of Financial and Professional Regulation, under the Security Deposit Interest Act (765 ILCS 710/0.01). Smaller landlords are not required to pay interest under state law.

5. Eviction Process and Your Rights in Bourbonnais

In Bourbonnais, a landlord must follow a specific legal process to evict a tenant. Illinois law prohibits self-help eviction at every stage; a landlord who bypasses the court process may face civil liability.

Step 1 — Written Notice: Before filing in court, the landlord must serve the tenant with a written notice. The type and length of notice depends on the reason for eviction:

Step 2 — Filing an Eviction Lawsuit: If the tenant does not comply with the notice within the stated period, the landlord may file a Forcible Entry and Detainer action in the Kankakee County Circuit Court. There is no just-cause requirement in Bourbonnais, meaning a landlord does not need to state a reason to decline to renew a lease once a notice period has run.

Step 3 — Court Hearing: Both parties appear before a judge. The tenant has the right to present defenses, including improper notice, retaliation, or the landlord's failure to maintain habitable conditions. If the court rules in the landlord's favor, it issues an Order of Possession.

Step 4 — Enforcement: Only a court-authorized official (typically a Kankakee County Sheriff's deputy) may physically remove the tenant after an Order of Possession is issued. The landlord cannot remove the tenant themselves.

Self-Help Eviction Is Illegal: Changing locks, removing the tenant's belongings, shutting off heat, water, or electricity, or otherwise attempting to force a tenant out without a court order is prohibited under 720 ILCS 5/21-2 and Illinois common law. A tenant subjected to these actions may seek emergency relief in circuit court and may be entitled to damages and attorney fees.

6. Resources for Bourbonnais Tenants

This article is provided for informational purposes only and does not constitute legal advice. The information on this page reflects Illinois state law and general legal principles as of April 2026, but laws and local regulations can change at any time. The specific facts of your situation — including your lease terms, the size of your landlord's property, and local code enforcement practices — may significantly affect your rights and remedies. For advice about your individual circumstances, please consult a licensed Illinois attorney or contact a qualified legal aid organization serving Kankakee County.

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Frequently Asked Questions

Does Bourbonnais have rent control?
No. Bourbonnais does not have rent control, and it cannot enact one. The Illinois Rent Control Preemption Act (765 ILCS 720) prohibits all municipalities in Illinois — including Bourbonnais — from passing any ordinance that controls or limits residential rent levels. This preemption applies statewide, with no exceptions for Kankakee County communities.
How much can my landlord raise my rent in Bourbonnais?
There is no limit on how much a landlord in Bourbonnais can raise your rent, because Illinois law preempts rent control (765 ILCS 720). For month-to-month tenants, the landlord must provide at least 30 days of written notice before a rent increase takes effect, per 735 ILCS 5/9-207. If you have a fixed-term lease, your rent generally cannot be increased until the current term expires unless the lease expressly allows mid-term changes.
How long does my landlord have to return my security deposit in Bourbonnais?
Your landlord has 30 days after you vacate to return your security deposit, along with an itemized written statement of any deductions, under the Illinois Security Deposit Return Act (765 ILCS 710/1). If the landlord fails to meet this deadline without justification, you may be entitled to recover the full deposit amount regardless of any claimed damages. Documenting your move-out condition with dated photos and written communication strengthens your position.
What notice does my landlord need before evicting me in Bourbonnais?
The required notice depends on the reason for eviction. For non-payment of rent, the landlord must give a 5-day written notice to pay or vacate (735 ILCS 5/9-209). For a lease violation, a 10-day notice to cure or vacate is required (735 ILCS 5/9-210). To end a month-to-month tenancy with no specific cause, the landlord must provide at least 30 days of written notice (735 ILCS 5/9-207). After notice expires, the landlord must still file in Kankakee County Circuit Court and obtain a court order before you can be removed.
Can my landlord lock me out or shut off utilities in Bourbonnais?
No. Self-help eviction — including changing locks without a court order, removing your belongings, or shutting off heat, water, electricity, or other utilities to force you to leave — is illegal in Illinois under 720 ILCS 5/21-2 and well-established common law. A landlord who engages in these actions may be liable for damages and attorney fees. If this happens to you, contact legal aid or seek an emergency injunction in Kankakee County Circuit Court immediately.
What can I do if my landlord refuses to make repairs in Bourbonnais?
Illinois law imposes an implied warranty of habitability on all residential leases (Jack Spring, Inc. v. Little, 50 Ill. 2d 351 (1972)), requiring landlords to maintain units in safe and livable condition. If your landlord refuses to make necessary repairs, you should first notify them in writing and keep a copy. If they still fail to act, potential remedies include filing a complaint with the Bourbonnais Code Enforcement or Kankakee County health department, or pursuing legal remedies such as rent withholding or repair-and-deduct — but these options involve procedural requirements and legal risk, so contacting Prairie State Legal Services (pslegal.org) or Illinois Legal Aid Online before acting unilaterally is strongly recommended.

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