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Charleston is a small city of approximately 20,000 residents in Coles County, home to Eastern Illinois University (EIU). Because of the university, a significant share of Charleston's population consists of student renters, making tenant rights knowledge especially important here. Common concerns include lease terms, security deposit returns, maintenance obligations, and the eviction process at the end of a tenancy or academic year.
Charleston has no local tenant protection ordinances beyond Illinois state law. That means renters in Charleston rely entirely on state statutes — primarily the Illinois Security Deposit Return Act (765 ILCS 710), the Illinois Security Deposit Interest Act (765 ILCS 710/0.01 et seq.), and general Illinois landlord-tenant common law — to protect their interests. The Chicago Residential Landlord and Tenant Ordinance (RLTO) does not apply in Charleston.
This guide summarizes the Illinois laws most relevant to Charleston renters. It is provided for informational purposes only and does not constitute legal advice. If you have a specific legal dispute, consult a licensed Illinois attorney or contact a local legal aid organization.
Charleston has no rent control, and landlords are free to set and raise rents by any amount, at any time, subject only to proper lease notice requirements. This is not simply a local policy choice — rent control is prohibited throughout Illinois by state preemption law.
Illinois enacted the Rent Control Preemption Act, 765 ILCS 720, which expressly prohibits any unit of local government from enacting, maintaining, or enforcing any ordinance or resolution that would regulate the amount of rent charged for private residential or commercial property. Because of this law, Charleston — along with every other Illinois municipality outside of a narrow exception for already-existing local ordinances — cannot adopt rent stabilization or rent control measures.
In practical terms, this means a landlord in Charleston can increase your rent upon lease renewal to any amount with no legal cap, as long as proper notice is given before the new lease term begins. If you have a fixed-term lease, your landlord cannot raise your rent until that lease expires. For month-to-month tenants, a rent increase requires at least 30 days written notice before the new rate takes effect. Renters facing large rent increases have no legal recourse under rent control law in Illinois, but may have options if the increase is retaliatory (see Anti-Retaliation protections below).
Illinois state law provides several important protections for Charleston renters, even in the absence of local ordinances.
Security Deposit (765 ILCS 710 & 765 ILCS 711): Under the Illinois Security Deposit Return Act, landlords who own five or more residential units must return a tenant's security deposit — along with an itemized written statement of any deductions — within 30 days after the tenant vacates. Landlords of buildings with 25 or more units must also pay annual interest on deposits held for more than six months under the Illinois Security Deposit Interest Act (765 ILCS 711). Failure to comply can entitle the tenant to a penalty (see Security Deposit section below).
Implied Warranty of Habitability: Under Illinois common law, all residential landlords have a duty to maintain rental units in a habitable condition. This includes functioning heat, plumbing, weatherproofing, and freedom from serious health or safety hazards. If a landlord fails to make necessary repairs, Illinois courts have recognized a tenant's right to withhold rent, repair-and-deduct, or terminate the lease — though tenants should seek legal advice before taking any of these steps. Charleston renters can also file code complaints with the City of Charleston or Coles County authorities.
Notice to Terminate Month-to-Month Tenancy: Under Illinois law (735 ILCS 5/9-207), a landlord or tenant must give at least 30 days written notice before terminating a month-to-month tenancy. For week-to-week tenancies, seven days notice is required. This notice must be in writing and delivered properly to be legally effective.
Anti-Retaliation Protections (765 ILCS 720/1): Illinois law prohibits landlords from retaliating against tenants who complain about habitability conditions, report code violations to government authorities, or exercise other legal rights. Retaliation can include rent increases, eviction threats, or reducing services. A tenant who proves retaliation may be entitled to actual damages and other relief. A landlord action taken within 90 days of a protected tenant activity may be presumed retaliatory.
Prohibition on Self-Help Eviction: Illinois law prohibits landlords from removing a tenant without a court order. A landlord cannot change your locks, remove your belongings, shut off utilities, or otherwise force you out without going through the formal eviction process. Self-help evictions expose landlords to civil liability under Illinois law.
Security deposit rules in Charleston are governed by Illinois state law. There is no statutory cap on the amount a landlord may charge as a security deposit in Illinois, so landlords may require any amount they deem appropriate, typically one to two months' rent.
Return Deadline: Under the Illinois Security Deposit Return Act (765 ILCS 710/1), landlords who own five or more residential units must return the security deposit — or the balance after lawful deductions — within 30 days of the date the tenant vacates the unit. The landlord must also provide an itemized written statement of any deductions for damages beyond normal wear and tear. If the landlord only provides the itemized statement within 30 days (but not the money), the full deposit remains due within 45 days of the tenant vacating.
Penalty for Wrongful Withholding: If a landlord who owns five or more units fails to return the deposit or provide the required itemized statement within the applicable deadline, the tenant is entitled to recover twice the amount of the security deposit wrongfully withheld, plus court costs and reasonable attorney's fees, under 765 ILCS 710/1. This is a significant penalty intended to deter improper withholding.
Interest on Deposits (765 ILCS 711): Landlords who own 25 or more units and hold a security deposit for more than six months must pay interest on the deposit at a rate announced annually by the Illinois State Treasurer. This interest must be either credited toward rent or paid to the tenant within 30 days after the end of each 12-month rental period.
Note for Smaller Properties: Landlords who own fewer than five residential units are not subject to the penalty provisions of 765 ILCS 710, though general principles of contract law may still apply to security deposit disputes. Tenants in smaller buildings should consult with legal aid for guidance on their options.
Evictions in Charleston follow Illinois state law procedures under the Eviction Act (735 ILCS 5/9-201 et seq.). A landlord cannot remove a tenant without a court order, regardless of the circumstances.
Step 1 — Written Notice: Before filing for eviction, a landlord must serve the tenant with proper 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 (by paying, curing the violation, or vacating), the landlord may file an eviction complaint in the Coles County Circuit Court. The tenant will receive a summons notifying them of the court date.
Step 3 — Court Hearing: Both parties may appear and present their case. Tenants have the right to raise defenses, such as improper notice, retaliation, or habitability issues. If the court rules for the landlord, it will issue an order for possession.
Step 4 — Enforcement: If the tenant does not vacate voluntarily after a court judgment, the landlord may obtain a writ of possession, which authorizes a sheriff's deputy to remove the tenant. Only a sheriff's deputy — not the landlord — may carry out a physical eviction.
Self-Help Eviction is Illegal: At no point in this process may a landlord change locks, remove doors or windows, shut off heat, electricity, or water, or remove the tenant's belongings. These actions constitute illegal self-help eviction and expose the landlord to civil liability under Illinois law. Tenants subjected to such actions should contact legal aid immediately.
This article is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws are complex and can change; the information above reflects Illinois law as of April 2026 but may not reflect subsequent legislative or judicial changes. Every rental situation is different, and this guide may not address your specific circumstances. If you have a landlord-tenant dispute or need help understanding your legal options, please consult a licensed Illinois attorney or contact a qualified legal aid organization in your area. RentCheckMe is not a law firm and no attorney-client relationship is created by your use of this website.
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