Want to skip straight to checking your own building? Use the RentCheckMe address checker.
Cary is a village of approximately 18,000 residents located in McHenry County, in the Chicago metropolitan area. While many Cary residents are homeowners, a meaningful share rent single-family homes, townhomes, and apartments. Renters here are protected entirely by Illinois state law — there is no separate local housing ordinance in Cary that adds to or modifies those state-level rules.
The most common questions Cary renters ask involve security deposit returns, the eviction process, landlord repair obligations, and whether rent increases are capped. All of these topics are governed by Illinois statutes, and understanding those laws is the best way to protect yourself as a tenant in McHenry County.
This article is for informational purposes only and does not constitute legal advice. Laws can change, and individual situations vary. If you have a specific legal problem, consult a licensed Illinois attorney or contact a legal aid organization.
Cary has no rent control ordinance, and it cannot adopt one. Illinois state law explicitly prohibits any unit of local government — including villages, cities, and counties — from enacting rent control regulations. The preemption is codified at 765 ILCS 720, which states that no municipality or county may enact any ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential or commercial property.
This means that in Cary, your landlord may raise your rent by any amount, at any time, as long as proper advance notice is given before the increase takes effect. For a month-to-month tenancy, the landlord must provide at least 30 days written notice before a rent increase. For a fixed-term lease, the rent is locked in for the lease period, and your landlord cannot increase it until renewal. There is no limit on how large an increase can be, and there is no requirement that a landlord justify the reason for raising rent.
In practical terms, Cary renters do not have the protections that exist in cities like San Francisco or Washington D.C. The best protection against an unwanted rent increase is a fixed-term lease that specifies the rent for the entire lease period.
Although Cary has no local tenant ordinances, Illinois state law provides several important protections that apply to every residential rental in the village.
Security Deposit Return (765 ILCS 710 & 765 ILCS 711): Under the Illinois Security Deposit Return Act, landlords who manage five or more rental units must return the security deposit — along with an itemized written statement of any deductions — within 30 days after the tenant vacates (or 45 days if the tenant requests a final accounting of damage costs). If the landlord fails to comply, the tenant may be entitled to the full deposit amount plus damages. The Security Deposit Interest Act (765 ILCS 710) also requires landlords of 25 or more units to pay interest on deposits held for six months or more.
Habitability: Illinois common law imposes an implied warranty of habitability on all residential leases. Landlords must maintain rental units in a condition that is safe, sanitary, and fit for human habitation — including working heat, plumbing, and structural integrity. Tenants who are denied habitable conditions may have the right to repair and deduct costs, or to withhold rent under certain circumstances, though these remedies involve legal risk and should be pursued carefully.
30-Day Notice to Terminate (735 ILCS 5/9-207): For month-to-month tenancies, either the landlord or the tenant must provide at least 30 days written notice before the tenancy can be terminated. For a week-to-week tenancy, 7 days notice is required. Notice must be in writing and served in accordance with Illinois law.
Anti-Retaliation (765 ILCS 720/1): Illinois law prohibits landlords from retaliating against tenants for reporting housing code violations, complaining to a government authority, or organizing with other tenants. Retaliatory conduct can include eviction, rent increases, or reduction of services. If a landlord takes adverse action within one year after a tenant engages in a protected activity, retaliation may be presumed.
Lockout Prohibition: Illinois law prohibits self-help eviction. A landlord cannot change the locks, remove the tenant's belongings, or shut off utilities as a way of forcing a tenant to leave. The only legal way to remove a tenant is through the Illinois court system.
Security deposit rules in Cary are governed by two Illinois statutes: the Illinois Security Deposit Return Act (765 ILCS 710) and the Illinois Security Deposit Interest Act (765 ILCS 711). There is no statewide cap on the amount a landlord may charge for a security deposit in Illinois — your landlord may charge any amount agreed upon in the lease.
Return deadline: Landlords who own or manage five or more units must return the security deposit within 30 days after the tenant vacates, or within 45 days if the tenant requested an itemized statement of damage costs. The return must be accompanied by a written, itemized list of any deductions. Deductions are permitted only for unpaid rent and actual damage beyond normal wear and tear — not for ordinary cleaning or minor wear.
Penalty for wrongful withholding: If a landlord who manages five or more units fails to return the deposit (or the undeducted balance) within the required timeframe, the tenant may be entitled to recover the full amount of the deposit, regardless of whether any portion was legitimately owed. Courts have also awarded additional damages in bad-faith cases. Tenants should document the condition of the unit at move-in and move-out with photographs and written records.
Interest requirement: Under 765 ILCS 711, landlords who own 25 or more units must pay annual interest on security deposits held for six months or longer. The interest rate is set by the Illinois Treasurer.
If you believe your landlord has wrongfully withheld your deposit, send a written demand by certified mail and keep a copy. If the dispute is unresolved, you may file a claim in McHenry County small claims court.
In Cary, a landlord must follow the Illinois court process to evict a tenant. Self-help eviction — changing the locks, removing belongings, or shutting off utilities to force a tenant out — is illegal under Illinois law and may expose the landlord to 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 in Court: If the tenant does not comply with the notice, the landlord may file an eviction complaint in McHenry County Circuit Court. The tenant will be served with a summons and given a court date.
Step 3 — Hearing: Both parties appear before a judge. The tenant has the right to present a defense, which may include that the notice was defective, the rent was paid, or the landlord failed to maintain habitable conditions. If the judge rules in favor of the landlord, a judgment for possession is entered.
Step 4 — Enforcement: The landlord must obtain an order of possession and a writ of eviction. Only a McHenry County Sheriff's deputy can physically remove the tenant — the landlord may not do so on their own.
Just cause: Illinois law does not require a landlord to have just cause to terminate a lease or decline to renew it in Cary. However, a landlord cannot evict in retaliation for protected tenant activity under 765 ILCS 720/1.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant-landlord laws are subject to change, and the application of any law depends on the specific facts of your situation. If you have a legal problem involving your rental housing, you should consult a licensed Illinois attorney or contact a qualified legal aid organization. RentCheckMe makes no representations or warranties regarding the accuracy or completeness of this information and is not responsible for any actions taken in reliance upon it.
Find out if your home is covered by rent control or tenant protections.
Use the Address Checker →We'll email you if the rent cap, coverage rules, or tenant protections change — no spam, unsubscribe any time.