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Edwardsville is the county seat of Madison County, Illinois, situated in the Metro East region of the St. Louis metropolitan area. Home to Southern Illinois University Edwardsville (SIUE), the city has a significant renter population that includes students, young professionals, and long-term residents. Renters here most commonly search for their rights around security deposit returns, lease non-renewal, habitability issues, and the eviction process.
Illinois state law governs nearly all landlord-tenant matters in Edwardsville. The city has enacted no local rent control ordinance, and state preemption law prevents it from doing so. Tenants are protected by the Illinois Security Deposit Return Act (765 ILCS 710), statewide anti-retaliation provisions (765 ILCS 720/1), and well-established common law habitability standards. The Chicago Residential Landlord and Tenant Ordinance (RLTO) does not apply in Edwardsville.
This page summarizes Illinois tenant rights as they apply to renters in Edwardsville. It is provided for informational purposes only and does not constitute legal advice. Laws can change, and your specific situation may require consultation with a licensed Illinois attorney or a local legal aid organization.
Edwardsville has no rent control, and Illinois state law prevents it from ever enacting one. Under 765 ILCS 720 — the Illinois Rent Control Preemption Act — no county, municipality, or other unit of local government in Illinois may enact, maintain, or enforce any ordinance or resolution that controls the amount of rent charged for leasing private residential or commercial property. This preemption applies statewide, including Madison County and the City of Edwardsville.
In practical terms, this means your landlord in Edwardsville can raise your rent by any amount at the end of your lease term, provided they give you proper advance notice (generally 30 days for month-to-month tenancies). There is no cap on annual rent increases, no requirement that a landlord justify an increase, and no local agency to which you can appeal a rent hike. Your best protection against large rent increases is a fixed-term lease, which locks in your rent for the duration of the lease period.
Illinois provides several important baseline protections for all renters, including those in Edwardsville.
Security Deposit (765 ILCS 710 & 765 ILCS 711): Landlords must return your security deposit within 30 days of the date you vacate the unit. If the landlord withholds any portion, they must provide a written, itemized statement of deductions. Under 765 ILCS 711, if a landlord collects a deposit on a property with 25 or more units, they must pay interest on the deposit annually. Failure to comply with return and itemization requirements can entitle the tenant to recover the withheld amount plus damages.
Habitability: Illinois common law imposes an implied warranty of habitability on residential leases, requiring landlords to maintain rental units in a condition fit for human habitation. This includes functioning heat, plumbing, weatherproofing, and freedom from serious pest infestations. Tenants who are denied habitable conditions may have remedies including rent withholding or repair-and-deduct, though Illinois law on these self-help remedies outside of Chicago is limited and tenants should consult an attorney before withholding rent.
Notice to Terminate (735 ILCS 5/9-207): For month-to-month tenancies, either the landlord or tenant must provide at least 30 days written notice before the end of a rental period to terminate the tenancy. For week-to-week tenancies, 7 days notice is required. Fixed-term leases expire on the date stated in the lease without additional notice.
Anti-Retaliation (765 ILCS 720/1): A landlord may not retaliate against a tenant for complaining about housing code violations, contacting a government agency, or exercising any right protected by law. Retaliatory acts include eviction, rent increases, and reduction of services. A tenant facing retaliation may raise it as a defense in an eviction proceeding.
Prohibition on Self-Help Eviction (735 ILCS 5/9-101 et seq.): A landlord in Illinois must obtain a court order before removing a tenant. Changing locks, removing doors or windows, or shutting off utilities to force a tenant out without a court judgment is illegal. Tenants subjected to self-help eviction may seek emergency relief from a court.
Illinois does not impose a statutory cap on the amount a landlord in Edwardsville may charge as a security deposit — landlords may charge any amount they choose. However, once a deposit is collected, strict rules govern how it must be handled.
Return Deadline: Under the Illinois Security Deposit Return Act (765 ILCS 710/1), a landlord must return the security deposit — less any lawfully withheld amounts — within 30 days after the tenant vacates the unit or delivers possession, whichever is later.
Itemized Statement: If the landlord deducts anything from the deposit for damages beyond normal wear and tear, they must provide the tenant with a written, itemized statement of those deductions along with paid receipts or written estimates from contractors. This statement must accompany the partial return of the deposit within the 30-day window.
Penalty for Non-Compliance: If a landlord in a building with 5 or more units fails to return the deposit or provide the required itemization within 30 days, the tenant is entitled to the full amount of the deposit, regardless of any actual damage. For buildings with 25 or more units, the landlord must also pay annual interest on the deposit under 765 ILCS 711/1. Tenants should document their move-out condition with photos and send a forwarding address in writing to start the 30-day clock clearly.
Illinois law establishes a mandatory court process for all evictions. A landlord in Edwardsville cannot remove a tenant without a court order, regardless of whether the tenant has violated the lease.
Step 1 — Written Notice: Before filing an eviction lawsuit, 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 (formerly called a forcible entry and detainer action) in the Madison County Circuit Court. The tenant will be served with a summons and given a hearing date.
Step 3 — Court Hearing: Both parties present their case before a judge. Tenants have the right to appear and raise defenses, including retaliation (765 ILCS 720/1), improper notice, or payment of rent. If the court rules for the landlord, it issues an order of possession.
Step 4 — Enforcement: After a judgment, the landlord must obtain a writ of possession, which is executed by the Madison County Sheriff. Only the Sheriff may physically remove a tenant — the landlord has no authority to do so independently.
Self-Help Eviction is Illegal: Under 735 ILCS 5/9-101, a landlord who changes the locks, removes the tenant's belongings, shuts off utilities, or otherwise attempts to force a tenant out without a court order commits an illegal self-help eviction. Tenants subjected to these actions may seek emergency injunctive relief and may have a claim for damages.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws in Illinois and Edwardsville may change, and your specific situation may involve facts that significantly affect your legal rights and options. You should verify all information with a licensed Illinois attorney or a qualified legal aid organization before taking action. RentCheckMe is not a law firm and no attorney-client relationship is created by using this website.
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