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Burbank is a southwest suburban city in Cook County, Illinois, with a population of roughly 29,000 residents. A significant share of Burbank households rent their homes, and many tenants are looking for clear answers about deposit returns, eviction procedures, and landlord repair obligations. Illinois state law forms the complete framework of tenant protections here, as Burbank has not enacted any additional local landlord-tenant ordinances.
Because Burbank is located in Cook County but outside the City of Chicago, tenants here are not covered by the Chicago Residential Landlord and Tenant Ordinance (RLTO). Instead, the Illinois Security Deposit Return Act (765 ILCS 710), the Security Deposit Interest Act (765 ILCS 710), the Rent Control Preemption Act (765 ILCS 720), and Illinois common-law habitability standards govern every lease. Understanding which laws apply — and which do not — is the most important first step for any Burbank renter.
This page summarizes your rights under Illinois law as a renter in Burbank. It is provided for informational purposes only and does not constitute legal advice. Laws can change, and individual circumstances vary; consult a qualified attorney or contact a legal aid organization if you have a specific legal question.
Burbank has no rent control, and Illinois state law prohibits any municipality from enacting it. The Illinois Rent Control Preemption Act, codified at 765 ILCS 720, explicitly bars cities, counties, and other units of local government from adopting ordinances that regulate the amount of rent a landlord may charge. This statewide preemption applies equally to large cities like Chicago and small suburbs like Burbank.
In practice, this means your landlord in Burbank may increase your rent by any amount, at any time, as long as they provide the legally required advance written notice before the increase takes effect — generally at least 30 days for a month-to-month tenancy, or whatever notice period your lease specifies for a fixed-term lease renewal. There is no cap, no required justification, and no city agency that reviews or approves rent increases in Burbank.
Renters who are concerned about significant rent increases should carefully review the notice provisions in their lease, document all communications with their landlord in writing, and contact one of the legal aid resources listed at the bottom of this page if they believe an increase was applied in a retaliatory or discriminatory manner, which would be prohibited under separate Illinois statutes.
Illinois state law provides several important protections for Burbank renters, summarized below.
Implied Warranty of Habitability: Under Illinois common law, every residential lease carries an implied warranty of habitability. Landlords must maintain rental units in a condition fit for human habitation — with working heat, plumbing, electrical systems, and structural integrity. If a landlord fails to make necessary repairs after proper written notice from the tenant, Illinois courts have recognized remedies including rent withholding and repair-and-deduct, though tenants should consult an attorney before withholding rent.
Security Deposit Rules (765 ILCS 710 & 765 ILCS 711): The Illinois Security Deposit Return Act requires landlords who own five or more units to return a security deposit within 30 days of the tenant vacating, accompanied by an itemized written statement of any deductions. The Illinois Security Deposit Interest Act (765 ILCS 711) requires landlords of 25 or more units to pay annual interest on deposits held for more than six months. Violations entitle tenants to remedies described in the Security Deposit section below.
Notice Requirements: For month-to-month tenancies, Illinois law requires at least 30 days written notice from either party to terminate the tenancy. For tenancies of one week or less, 7 days notice is required. Fixed-term leases expire on their own terms unless renewed. Notice requirements for non-payment of rent and lease violations are detailed in the eviction section.
Anti-Retaliation (765 ILCS 720/1): Landlords are prohibited from retaliating against tenants who report code violations to government authorities, complain about habitability issues, or exercise any right protected by law. Prohibited retaliatory acts include rent increases, lease termination, and reduction of services. A tenant who suffers retaliation may raise it as a defense in eviction proceedings or pursue an independent claim.
Prohibition on Self-Help Eviction: Illinois law prohibits landlords from removing a tenant through self-help measures — such as changing locks, removing doors, or shutting off utilities — without a court order. A landlord who engages in self-help eviction may be liable for damages under Illinois law.
Illinois Human Rights Act (775 ILCS 5): The Illinois Human Rights Act prohibits housing discrimination based on race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental disability, military status, sexual orientation, or unfavorable military discharge. Cook County also has its own Human Rights Ordinance that mirrors and in some respects extends these protections.
Security deposit rules for Burbank tenants are governed by the Illinois Security Deposit Return Act (765 ILCS 710) and the Illinois Security Deposit Interest Act (765 ILCS 711). Note that these statutes apply only to landlords who own five or more residential units; tenants renting from smaller landlords have fewer statutory protections, though general contract law still applies.
No Statutory Cap: Illinois law does not set a maximum amount a landlord may collect as a security deposit. The amount is set by the lease agreement.
Return Deadline: A landlord covered by 765 ILCS 710 must return the security deposit — or the balance remaining after lawful deductions — within 30 days after the tenant vacates the unit. If the landlord intends to make deductions, they must provide an itemized written statement of damages and actual costs (or estimates if final bills are unavailable) within that same 30-day window, followed by paid receipts within 30 days thereafter.
Penalty for Wrongful Withholding: If a landlord covered by the statute fails to return the deposit or provide the required itemized statement within 30 days without lawful justification, the tenant is entitled to recover the full amount of the security deposit, regardless of any legitimate deductions the landlord might otherwise have claimed (765 ILCS 710/1). Courts have interpreted this to mean forfeiture of the right to make any deductions if the procedural requirements are not followed.
Interest on Deposits (765 ILCS 711): Landlords who own 25 or more residential units and hold a security deposit for more than six months must pay the tenant interest on that deposit at a rate announced annually by the Illinois Department of Financial and Professional Regulation. Failure to pay accrued interest entitles the tenant to a credit equal to the interest due against the next rent payment.
Permissible Deductions: Landlords may deduct from the deposit only for unpaid rent and for damage to the unit beyond normal wear and tear. Deductions for routine cleaning or painting when the unit was delivered in that condition, or for pre-existing damage, are not permitted.
In Burbank, a landlord must follow Illinois statutory procedures to evict a tenant. Self-help eviction is illegal — a landlord may not change locks, remove belongings, shut off utilities, or take any other action to force a tenant out without a court order. A tenant who is subjected to a self-help eviction may seek emergency relief in court.
Step 1 — Written Notice: Before filing an eviction lawsuit, 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 Complaint: If the tenant does not comply with or respond to the notice within the required period, the landlord may file a Forcible Entry and Detainer complaint in the Circuit Court of Cook County. The tenant will be served with a summons and given a court date, typically within a few weeks.
Step 3 — Court Hearing: Both parties appear before a judge. Tenants have the right to present defenses, including that rent was paid, the notice was defective, the landlord failed to maintain habitable conditions, or the eviction is retaliatory (765 ILCS 720/1). Tenants are strongly encouraged to appear; failure to appear typically results in a default judgment for the landlord.
Step 4 — Judgment and Order of Possession: If the court rules in the landlord's favor, it issues an Order of Possession. The landlord must then obtain a Writ of Possession from the clerk and have the Cook County Sheriff execute the eviction. Only the Sheriff may physically remove the tenant — the landlord cannot act independently.
There is no just-cause eviction requirement in Burbank beyond what is stated in the lease. However, evictions that are motivated by a tenant's protected class under the Illinois Human Rights Act (775 ILCS 5) or by retaliation for exercising legal rights (765 ILCS 720/1) are prohibited and may serve as a complete defense.
The information on this page is provided for general informational purposes only and does not constitute legal advice. While we strive to keep this content accurate and up to date as of April 2026, landlord-tenant laws and local ordinances can change, and individual circumstances vary significantly. Nothing on this page creates an attorney-client relationship. If you have a specific legal problem or question about your rights as a tenant in Burbank, Illinois, you should consult a licensed Illinois attorney or contact a qualified legal aid organization in your area. Do not rely solely on this page when making decisions about your tenancy.
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