Tenant Rights in Downers Grove, Illinois

Last updated: April 2026

Downers Grove renters are protected by Illinois state landlord-tenant law — covering deposits, habitability, and eviction procedures. Rent control is prohibited statewide and the village has no local ordinance.

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1. Overview: Tenant Rights in Downers Grove

Downers Grove is a suburban village in DuPage County, approximately 20 miles west of Chicago. Downers Grove renters are governed by Illinois state landlord-tenant law. The village has not adopted a local landlord-tenant ordinance, and the Chicago Residential Landlord and Tenant Ordinance does not apply in Downers Grove.

Illinois state law provides baseline protections on security deposits, habitability, anti-retaliation, and eviction procedures. Rent control is prohibited statewide under 765 ILCS 720 — there are no caps on rent increases in Downers Grove or anywhere in Illinois outside the preempted framework. Understanding these state-level protections is key for Downers Grove renters evaluating their rights and options.

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 Downers Grove Have Rent Control?

Downers Grove has no rent control, and Illinois state law (765 ILCS 720) prohibits all municipalities from enacting any rent control or rent stabilization ordinance. This statewide preemption applies to DuPage County communities including Downers Grove. The village board has no authority to impose rent caps.

A Downers Grove 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 those tenants. Fixed-term lease tenants are protected from mid-lease increases unless the lease expressly permits them. Tenants have no legal mechanism to challenge a rent increase solely on the basis of its size.

3. Illinois State Tenant Protections That Apply in Downers Grove

Illinois state law provides Downers Grove renters with the following core protections:

• Security Deposit Return (765 ILCS 710): Landlords must return the deposit within 30 days of move-out with a written itemized statement. Buildings with 25 or more units must hold deposits in a federally insured interest-bearing account and pay annual interest. Wrongful withholding may result in liability for the landlord.
• Implied Warranty of Habitability: Illinois common law requires landlords to maintain habitable conditions — including heat, plumbing, and structural safety. Tenants must provide written notice of deficiencies before exercising most remedies.
• 30-Day Termination Notice: At least 30 days' written notice is required to terminate a month-to-month tenancy under Illinois law.
• Anti-Retaliation (765 ILCS 720/1): Landlords cannot retaliate against tenants for reporting code violations, contacting a government agency, or exercising legal rights.
• No Self-Help Eviction: Lock changes, utility shutoffs, and removal of belongings without a court order are prohibited under Illinois law.

4. Security Deposit Rules in Downers Grove

Security deposit rules in Downers Grove 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.

Only unpaid rent and damage beyond normal wear and tear may be deducted. Normal wear and tear (minor scuffs, small nail holes, carpet wear from normal use) cannot be charged against your deposit. Document the unit with dated photographs and video at move-in and move-out to protect yourself.

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

5. Eviction Process and Your Rights in Downers Grove

Downers Grove landlords must follow Illinois's formal eviction process through DuPage County Circuit Court. Self-help eviction is prohibited. For nonpayment of rent, the landlord must serve a 5-day written notice to pay or vacate. 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 DuPage County Circuit Court. Tenants have the right to appear at the hearing and raise defenses including habitability violations, improper notice, and retaliation. A court judgment must be obtained before any order of possession is issued.

Only the DuPage County Sheriff may physically remove a tenant — the landlord has no authority to do so independently. Illegal self-help eviction can expose the landlord to civil liability.

6. Resources for Downers Grove Tenants

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

Frequently Asked Questions

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