Want to skip straight to checking your own building? Use the RentCheckMe address checker.
Darien is a suburban city in DuPage County, Illinois, with a population of roughly 22,000 residents. The rental market in Darien includes single-family homes, townhomes, and apartment complexes, and many renters here search for information about their rights regarding security deposits, lease terminations, and what to do when a landlord fails to make repairs.
Unlike Chicago — which has its own Residential Landlord and Tenant Ordinance (RLTO) — Darien has no local tenant protection ordinance. Renters in Darien are governed entirely by Illinois state law, including the Security Deposit Return Act (765 ILCS 710), the Rent Control Preemption Act (765 ILCS 720), and established common law habitability standards. Understanding these state-level protections is essential for Darien tenants navigating disputes with landlords.
This page provides a plain-language summary of the laws most relevant to Darien renters. It is intended for informational purposes only and does not constitute legal advice. If you have a specific dispute or legal question, consult a licensed Illinois attorney or contact a local legal aid organization.
Rent control does not exist in Darien, and no local ordinance can create it. Illinois enacted the Rent Control Preemption Act (765 ILCS 720/1), which explicitly prohibits any county, municipality, or other unit of local government from enacting, maintaining, or enforcing any ordinance that controls or limits the amount of rent charged for leasing private residential property. This statewide preemption applies to every city in Illinois — including Darien — regardless of local housing conditions or rental market pressures.
In practical terms, this means your landlord in Darien has the legal right to raise your rent by any amount when your lease term ends. There is no cap, no required justification, and no government body that reviews or approves rent increases. The only protection tenants have against a mid-lease rent increase is their existing lease agreement: a landlord cannot raise rent during a fixed-term lease unless the lease itself explicitly allows for it. On a month-to-month tenancy, a landlord must provide at least 30 days' written notice before a rent increase takes effect.
Illinois state law provides Darien renters with several meaningful protections, even in the absence of a local ordinance.
Implied Warranty of Habitability: Under Illinois common law, all residential landlords are required to maintain rental units in a habitable condition. This means providing adequate heat, functioning plumbing, a structurally sound building, and protection from pests. If a landlord fails to maintain habitable conditions after receiving written notice, Illinois courts have recognized a tenant's right to withhold rent, repair-and-deduct (for minor repairs), or terminate the lease — though these remedies carry legal risk and tenants are encouraged to seek legal guidance before acting.
Security Deposit Protections (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, along with an itemized statement of any deductions. The 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.
Anti-Retaliation (765 ILCS 720/1): Illinois law prohibits landlords from retaliating against tenants who complain to a government agency about code violations, assert their legal rights, or organize with other tenants. Retaliatory acts include raising rent, reducing services, or threatening or commencing eviction within a suspicious timeframe after a tenant exercises protected rights.
Lockout and Utility Shutoff Prohibition: Illinois law prohibits landlords from engaging in self-help eviction tactics. A landlord may not change locks, remove doors or windows, or shut off utilities as a means of forcing a tenant out. The only lawful method of removing a tenant is through the court-supervised eviction process under 735 ILCS 5/9-101 et seq.
Notice to Terminate a Month-to-Month Tenancy: Under 735 ILCS 5/9-207, either a landlord or tenant must provide at least 30 days' written notice prior to the end of a rental period to terminate a month-to-month tenancy. Failure to provide proper notice means the tenancy continues on a month-to-month basis.
Darien renters are protected by the Illinois Security Deposit Return Act (765 ILCS 710) and related statutes. Here is what landlords are required to do — and what tenants can do if they don't comply.
Return Deadline: If a landlord owns five or more rental units, they must return the tenant's security deposit within 30 days after the tenant vacates the unit. If the landlord intends to make deductions, they must provide a written, itemized statement of damages within 30 days (or 45 days if the cost of repair is not yet known at 30 days, with an interim statement provided at 30 days).
Deposit Cap: Illinois state law does not set a maximum limit on the amount a landlord may charge as a security deposit. The amount is determined by the lease agreement.
Penalties for Non-Compliance: Under 765 ILCS 710/1, if a landlord who owns five or more units fails to return the deposit or provide an itemized statement within the required timeframe, the tenant may be entitled to the full return of the security deposit plus damages. Courts have awarded tenants the deposit amount plus additional damages for wrongful withholding. Tenants should document the condition of the unit at move-in and move-out with photographs and written records.
Interest on Deposits (765 ILCS 711): Landlords who own 25 or more residential units must pay annual interest on security deposits held for more than six months, at a rate set by the Illinois Comptroller. Failure to pay interest entitles the tenant to a court award of the interest due plus court costs.
In Darien, a landlord must follow Illinois statutory procedures to evict a tenant. Self-help eviction — such as changing locks, removing belongings, or shutting off utilities — is illegal under Illinois law and may expose the landlord to liability.
Step 1 — Written Notice: Before filing an eviction case, a landlord must serve the tenant with the appropriate written notice. The type of notice depends on the reason for eviction:
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. Darien falls within the 18th Judicial Circuit. 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 defenses, such as the landlord's failure to maintain habitable conditions, improper notice, or retaliation. If the judge rules in favor of the landlord, an order of possession is entered.
Step 4 — Enforcement: After the court enters a judgment for possession, the landlord may request a writ of assistance, which authorizes the DuPage County Sheriff to physically remove the tenant if they have not vacated. A landlord may not remove the tenant themselves or without this court-authorized process.
No Just Cause Requirement: Darien has no just cause eviction ordinance. At the end of a fixed-term lease, a landlord may choose not to renew for any reason (or no reason), as long as proper notice is given. There is no requirement that the landlord justify the decision not to renew.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws can change, and the application of any law depends on the specific facts of your situation. Darien renters with legal questions or disputes should consult a licensed Illinois attorney or contact a qualified 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 actions taken in reliance on 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.