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Burr Ridge is an affluent village situated primarily in DuPage County, with a small portion extending into Cook County. While the village is known for its upscale residential character, renters here — whether in apartments, condominiums, or single-family rental homes — are protected exclusively by Illinois state law. The Chicago Residential Landlord and Tenant Ordinance (RLTO) does not apply in Burr Ridge, as Burr Ridge has not adopted it and it is a Chicago municipal ordinance.
The most common questions Burr Ridge renters ask involve security deposit returns, what notice a landlord must give before ending a tenancy, and what steps a landlord must follow before obtaining an eviction. Illinois statewide statutes answer all of these questions, and knowing them can protect you from unlawful landlord conduct. The Illinois Security Deposit Return Act (765 ILCS 710) and the Illinois Security Deposit Interest Act (765 ILCS 715) apply to landlords who own five or more rental units, while general habitability duties and anti-retaliation protections (765 ILCS 720) apply more broadly.
This page is for informational purposes only and does not constitute legal advice. Tenant rights law can be complex and can change; consult a licensed Illinois attorney or a legal aid organization if you need guidance specific to your situation.
Rent Control Status: Prohibited by State Law
Burr Ridge has no rent control ordinance, and Illinois state law makes it illegal for any municipality — including Burr Ridge — to enact one. The Rent Control Preemption Act, 765 ILCS 720, expressly prohibits any unit of local government in Illinois from enacting, maintaining, or enforcing any ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential or commercial property.
In practice, this means your landlord in Burr Ridge may raise your rent by any amount at the end of a lease term, or upon proper notice for a month-to-month tenancy, without any cap or approval process. There is no required justification for a rent increase, no registration requirement for landlords, and no local agency to which you can appeal a rent hike. The only practical protection against large increases is the notice requirement: for month-to-month tenants, at least 30 days written notice must be given before a rent change takes effect, giving you time to decide whether to accept the new rate or vacate.
Habitability (Illinois Common Law & 765 ILCS 735)
Illinois landlords are required under the implied warranty of habitability to maintain rental units in a condition fit for human habitation throughout the tenancy. This means functioning heat, plumbing, structural safety, and freedom from pest infestation. If a landlord fails to make necessary repairs after written notice, Illinois courts have recognized remedies including rent withholding and repair-and-deduct in certain circumstances, though tenants should consult an attorney before withholding rent.
Security Deposit Return (765 ILCS 710 & 715)
Landlords who own five or more rental units must return a tenant's security deposit — along with an itemized written statement of any deductions — within 30 days after the tenant vacates the unit. If the landlord wrongfully withholds all or part of the deposit, the tenant is entitled to recover twice the amount wrongfully withheld, plus attorney's fees, under 765 ILCS 710/1. The Illinois Security Deposit Interest Act (765 ILCS 715) further requires landlords of five or more units to pay interest on deposits held for more than six months.
Notice to Terminate Tenancy (Illinois Common Law)
For month-to-month tenancies, Illinois requires at least 30 days written notice from either party to terminate the lease. For fixed-term leases, the lease ends on the stated date unless renewed; no additional notice is generally required unless the lease specifies otherwise.
Anti-Retaliation (765 ILCS 720)
Under the Illinois Retaliatory Eviction Act (765 ILCS 720/1), a landlord may not terminate or threaten to terminate a tenancy, increase rent, decrease services, or otherwise retaliate against a tenant who has complained to a government authority about code violations, exercised any right under the law, or organized with other tenants. A retaliatory eviction is an affirmative defense in any eviction proceeding.
Lockout & Utility Shutoff Prohibition (735 ILCS 5/9-101; Illinois Common Law)
Self-help eviction is illegal in Illinois. A landlord may not remove a tenant's belongings, change the locks, shut off utilities, or take any other action to force a tenant out without first obtaining a court order of possession. Tenants subjected to unlawful lockout or utility shutoff may seek emergency relief in court and may be entitled to damages.
Security Deposit Cap
Illinois state law does not impose a maximum cap on the security deposit amount a landlord may collect in Burr Ridge. Landlords may charge whatever amount is agreed upon in the lease.
Return Deadline & Itemization
Under the Illinois Security Deposit Return Act (765 ILCS 710/1), landlords who own five or more rental units must return the security deposit — along with a written, itemized statement of any deductions for damages beyond normal wear and tear — within 30 days after the tenant vacates the unit (or 45 days if the landlord seeks to deduct for damage that requires a repair estimate). Deductions for normal wear and tear are not permitted.
Penalty for Wrongful Withholding
If the landlord fails to return the deposit or provide the required itemized statement within the statutory deadline without lawful justification, the tenant is entitled to recover twice the amount of the security deposit wrongfully withheld, plus reasonable attorney's fees (765 ILCS 710/1). Tenants should keep copies of their move-in and move-out inspection records, photographs, and all written communications with their landlord to support any claim.
Interest on Deposits (765 ILCS 715)
Landlords of five or more units who hold a security deposit for more than six months must pay interest on the deposit at a rate set annually by the Illinois state treasurer. The interest must be paid to the tenant annually or credited toward rent.
Overview
Illinois law requires landlords to follow a strict court process before removing a tenant from a rental unit. Self-help eviction — including changing locks, removing doors, shutting off utilities, or removing the tenant's belongings — is illegal under Illinois common law and 735 ILCS 5/9-101 et seq. A landlord who engages in self-help eviction may be liable for damages.
Step 1: Written Notice
Before filing in court, the landlord must serve a written notice on the tenant. The required notice period depends on the reason for eviction:
Notice must be delivered in person, left with a household member, or posted conspicuously at the premises if personal service is not possible. Improper notice is a valid defense in eviction court.
Step 2: Court Filing
If the tenant does not comply with the notice, the landlord may file an eviction complaint in the DuPage County Circuit Court (for Burr Ridge properties in DuPage County). The court will schedule a hearing, and the tenant will be served with a summons requiring their appearance.
Step 3: Hearing & Judgment
At the hearing, both the landlord and tenant may present evidence. If the court finds in the landlord's favor, it will issue an order of possession. Tenants have the right to raise defenses, including improper notice, retaliation (765 ILCS 720), or habitability issues.
Step 4: Enforcement
Only after a court order of possession is obtained may a landlord request that the DuPage County Sheriff execute the eviction. The sheriff will post a notice giving the tenant a final opportunity to vacate before physical removal occurs.
Just Cause Requirement
Burr Ridge has no just-cause eviction ordinance. Landlords may decline to renew a fixed-term lease or terminate a month-to-month tenancy without stating a reason, provided proper statutory notice is given. However, eviction cannot be motivated by illegal retaliation or discrimination.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant and landlord rights in Illinois can be complex, and the law may have changed since this page was last updated in April 2026. Renters in Burr Ridge who have specific questions about their situation should consult a licensed Illinois attorney or contact a local legal aid organization such as Prairie State Legal Services or Illinois Legal Aid Online. RentCheckMe makes no warranties regarding the accuracy or completeness of this information and is not responsible for any actions taken in reliance on it.
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