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Carbondale is a mid-sized city in Jackson County, Illinois, home to Southern Illinois University Carbondale (SIUC). Because of the university's presence, a large share of Carbondale's approximately 26,000 residents are renters — many of them students who may be unfamiliar with their legal rights. Tenant concerns in Carbondale commonly include security deposit disputes, habitability and maintenance issues, and eviction proceedings, particularly around the end of each academic year.
Carbondale has no local rent control ordinance and no supplemental landlord-tenant code beyond what Illinois state law provides. All renter protections in Carbondale flow from statewide statutes, including the Illinois Security Deposit Return Act (765 ILCS 710), the Security Deposit Interest Act (765 ILCS 710/0.01 et seq.), and general Illinois landlord-tenant common law on habitability. Renters here are also shielded from self-help evictions and landlord retaliation under state law.
This page provides a plain-language summary of the tenant rights that apply in Carbondale, Illinois. It is intended as general information only and does not constitute legal advice. If you have a specific legal problem, consult a licensed Illinois attorney or contact a legal aid organization.
Carbondale has no rent control, and Illinois law prohibits any city or county from enacting it. The Illinois preemption statute — 765 ILCS 720/1 — explicitly bars municipalities from adopting any ordinance that controls or limits the amount of rent a private landlord may charge. This prohibition applies statewide, covering Carbondale and every other Illinois city outside of any future legislative carve-out.
In practical terms, this means your landlord in Carbondale may raise your rent by any amount and at any time, as long as proper written notice is given before the change takes effect. For a month-to-month tenancy, at least 30 days written notice of a rent increase is required. For fixed-term leases, rent cannot be changed mid-lease unless the lease explicitly permits it, but the landlord is free to set a higher rent when the lease is renewed. There is no cap on how much rents can increase between lease terms.
Tenants who believe a rent increase is being used to retaliate against them for complaining about housing conditions should review the anti-retaliation protections described below, as retaliation-motivated rent hikes may be actionable under Illinois law even though the rent amount itself is unregulated.
Illinois state law provides several important protections for renters throughout the state, including in Carbondale. Each key protection is summarized below with its statutory citation.
Implied Warranty of Habitability (Illinois Common Law & 765 ILCS 735/1): Illinois landlords are required by common law to maintain rental units in a habitable condition. This means functioning heat, plumbing, electrical systems, structural soundness, and freedom from pest infestations. If a landlord fails to make necessary repairs after receiving written notice, tenants may have remedies including rent withholding or repair-and-deduct, though the specific procedures should be followed carefully and ideally with legal guidance.
Security Deposit Return Act (765 ILCS 710/1): Landlords who hold a security deposit for a residential unit must return it — along with an itemized statement of any deductions — within 30 days after the tenant vacates. Failure to comply can expose the landlord to liability for the full deposit amount plus damages.
Security Deposit Interest Act (765 ILCS 710/0.01 et seq.): Landlords who own 25 or more units and hold a security deposit for more than 6 months must pay annual interest on that deposit. The interest rate is set by the Illinois Office of Banks and Real Estate each year.
Notice Requirements (735 ILCS 5/9-207): For month-to-month tenancies, either the landlord or the tenant must give at least 30 days written notice to terminate the tenancy. For week-to-week tenancies, 7 days notice is required.
Anti-Retaliation Protections (765 ILCS 720/1): Illinois law prohibits landlords from retaliating against tenants who complain to a government authority about housing code violations, request repairs, or exercise any legal right. Retaliatory acts include rent increases, eviction threats, or reduction of services within a period following a protected complaint. A tenant who suffers retaliation may assert it as a defense in eviction proceedings or pursue an affirmative claim.
Lockout & Utility Shutoff Prohibition (765 ILCS 735/1): Self-help eviction is illegal in Illinois. A landlord cannot remove a tenant by changing locks, removing doors or windows, or shutting off essential utilities such as heat, water, or electricity in order to force the tenant out. Only a court-ordered eviction enforced by a sheriff is lawful.
Security deposit rules in Carbondale are governed by Illinois state law. There is no statutory cap on the amount a landlord may charge as a security deposit in Illinois outside of Chicago, so a Carbondale landlord may charge any amount agreed to in the lease.
Return Deadline: Under the Illinois Security Deposit Return Act (765 ILCS 710/1), a landlord must return the security deposit — or the portion not applied to legitimate deductions — within 30 days after the tenant has vacated the unit and returned possession to the landlord.
Itemized Statement of Deductions: If the landlord withholds any portion of the deposit for damages beyond normal wear and tear, they must provide a written itemized statement of deductions along with the remaining deposit amount, all within that 30-day window. Receipts or estimates for repair costs must accompany the statement if the deduction is for property damage.
Penalties for Non-Compliance: If a landlord wrongfully withholds a security deposit or fails to return it within the 30-day period, the tenant may be entitled to recover the full amount of the deposit plus damages, court costs, and reasonable attorney fees under 765 ILCS 710/1. Illinois courts have awarded tenants the full deposit even when some deductions might have been legitimate, if the landlord failed to follow the proper procedure.
Interest on Deposits: Under the Security Deposit Interest Act (765 ILCS 710/0.01 et seq.), landlords who own 25 or more dwelling units in a building or complex and hold a deposit for more than 6 months must pay the tenant annual interest at a rate determined by the state. Most small Carbondale landlords (fewer than 25 units) are exempt from the interest requirement.
Evictions in Carbondale follow the Illinois Forcible Entry and Detainer Act (735 ILCS 5/9-101 et seq.). A landlord must obtain a court judgment before removing a tenant — there is no legal way to evict a tenant without going through the courts.
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 complaint in Jackson County Circuit Court. The tenant will be served with a summons and given a court date.
Step 3 — Court Hearing: Both parties appear before a judge. The tenant has the right to present defenses, including payment of rent, improper notice, retaliation by the landlord, or uninhabitable conditions. If the judge rules in favor of the landlord, a judgment for possession is entered.
Step 4 — Enforcement by Sheriff: Only after a court judgment is entered may the landlord obtain an order of possession. The Jackson County Sheriff is responsible for executing the eviction. The landlord cannot physically remove the tenant or their belongings without a sheriff present pursuant to a valid court order.
Self-Help Eviction is Illegal: Under 765 ILCS 735/1, a landlord may not lock out a tenant, remove doors or windows, or shut off utilities — such as heat, water, or electricity — as a means of forcing the tenant to leave. Any landlord who engages in self-help eviction may be liable to the tenant for damages.
No Just-Cause Requirement: Carbondale has no just-cause eviction ordinance. A landlord may terminate a month-to-month tenancy for any legal reason or no stated reason at all, as long as proper 30-day notice is given. However, the landlord cannot terminate a tenancy for a retaliatory reason under 765 ILCS 720/1.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws and local ordinances can change, and the application of any law depends on the specific facts of your situation. RentCheckMe is not a law firm and does not provide legal representation. If you have a specific landlord-tenant problem, are facing eviction, or need advice about your rights, please consult a licensed Illinois attorney or contact a qualified legal aid organization such as Illinois Legal Aid Online or Prairie State Legal Services. Always verify current statutes and local rules with an official source or legal professional before taking action.
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