Tenant Rights in Des Plaines, Illinois

Last updated: April 2026

Des Plaines renters are protected by Illinois state landlord-tenant law — governing security deposits, habitability, and the eviction process. Rent control is prohibited statewide, and the city has no local ordinance.

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1. Overview: Tenant Rights in Des Plaines

Des Plaines is a city in Cook County in the northwest suburbs of Chicago, located near O'Hare International Airport. Des Plaines renters are governed by Illinois state landlord-tenant law. The city has not enacted a local landlord-tenant ordinance, and the Chicago Residential Landlord and Tenant Ordinance does not apply in Des Plaines.

Illinois state law provides baseline protections on security deposits, habitability, anti-retaliation, and eviction procedures. Rent control is prohibited statewide under 765 ILCS 720. Renters in Des Plaines should understand these state-level protections before signing a lease or addressing a landlord dispute.

This guide is for general informational purposes only and is not legal advice. Renters with housing concerns should contact Prairie State Legal Services or Illinois Legal Aid Online.

2. Does Des Plaines Have Rent Control?

Des Plaines has no rent control, and Illinois state law (765 ILCS 720) prohibits all Illinois municipalities from enacting any form of rent control or rent stabilization. The Des Plaines City Council has no legal authority to cap rent increases. This statewide preemption applies regardless of local market conditions.

A Des Plaines landlord may raise rent by any dollar amount. The only requirement is proper written notice — at least 30 days' written notice is required before a month-to-month tenancy can be terminated or a rent increase imposed on month-to-month tenants. Fixed-term lease tenants are protected from mid-lease rent increases unless the lease expressly allows them. Tenants have no legal mechanism to challenge a rent increase on the basis of its size under Illinois law.

3. Illinois State Tenant Protections That Apply in Des Plaines

Illinois state law provides Des Plaines renters with the following core protections:

• Security Deposit Return (765 ILCS 710): Landlords must return your deposit within 30 days of move-out with a written itemized statement of deductions. Buildings with 25 or more units must hold deposits in a federally insured interest-bearing account and pay annual interest.
• Implied Warranty of Habitability: Illinois common law requires landlords to maintain rental units in a habitable condition — including adequate heat, functioning plumbing, and structural safety. Written notice to the landlord is required before most habitability remedies may be pursued.
• 30-Day Termination Notice: At least 30 days' written notice is required before either party can terminate a month-to-month tenancy.
• Anti-Retaliation (765 ILCS 720/1): Landlords cannot retaliate against tenants for reporting code violations, contacting a government agency, or exercising legal rights by raising rent, reducing services, or initiating eviction.
• No Self-Help Eviction: Lock changes, utility shutoffs, and removal of a tenant's belongings without a court order are prohibited under Illinois law.

4. Security Deposit Rules in Des Plaines

Security deposit rules in Des Plaines are governed by the Illinois Security Deposit Return Act (765 ILCS 710). Your landlord must return your full security deposit — or provide a written itemized statement of deductions — within 30 days after you vacate the unit.

Allowable deductions include unpaid rent and damage beyond normal wear and tear. Routine wear and tear — minor scuffs, small nail holes, and normal carpet wear — cannot be deducted from your deposit. Document the condition of your unit with dated photographs at move-in and move-out.

If your building has 25 or more units, your landlord must hold your deposit in a federally insured interest-bearing account and pay you interest on the deposit annually. Provide your forwarding address to your landlord in writing when you move out to begin the 30-day return deadline.

5. Eviction Process and Your Rights in Des Plaines

Des Plaines landlords must follow Illinois's formal eviction process through Cook County Circuit Court. Self-help eviction is prohibited under Illinois law. For nonpayment of rent, a 5-day written notice to pay or vacate must be served before filing an eviction action. For lease violations, a 10-day notice to cure or vacate applies. To terminate a month-to-month tenancy, at least 30 days' written notice is required.

If the tenant does not comply, the landlord may file an eviction action in Cook County Circuit Court. Tenants have the right to appear and contest the eviction, raising defenses including habitability violations, improper notice, and retaliation. A court judgment must be obtained before any order of possession is issued.

Only the Cook County Sheriff may physically remove a tenant from a rental unit. Illegal self-help eviction can expose the landlord to civil liability under Illinois law.

6. Resources for Des Plaines Tenants

• Prairie State Legal Services — Free civil legal services for low-income residents of northern and central Illinois, including Cook County. Handles eviction defense, security deposit disputes, and habitability matters.
• Illinois Legal Aid Online — Free legal information and attorney referrals for Illinois renters statewide.
• Illinois Attorney General — Tenant Rights — State guidance on Illinois landlord-tenant law, including security deposits and habitability protections.

Frequently Asked Questions

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