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Elmhurst is a mid-sized city in DuPage County, located about 16 miles west of downtown Chicago. The city has a substantial renter population, with many residents in apartments, condominiums, and single-family rental homes. Because Elmhurst is outside the city limits of Chicago, the Chicago Residential Landlord and Tenant Ordinance (RLTO) does not apply here — instead, Elmhurst renters rely on Illinois state law for their core protections.
The most common questions Elmhurst tenants ask involve security deposit returns, what happens when a landlord fails to make repairs, and what rights they have when facing eviction. Illinois state statutes address each of these concerns, and understanding them can help renters protect themselves effectively. Notably, the Illinois Security Deposit Return Act (765 ILCS 710) and the Security Deposit Interest Act (765 ILCS 710) set enforceable standards that apply throughout Elmhurst.
This page provides a plain-language summary of the tenant rights laws most relevant to Elmhurst renters. It is intended as general information only and is not legal advice. Laws can change, and individual situations vary — if you have a specific legal problem, consult a licensed Illinois attorney or a local legal aid organization.
Elmhurst has no rent control, and Illinois state law prohibits any municipality from enacting it. The Illinois Rent Control Preemption Act (765 ILCS 720/1) explicitly bars cities, counties, and other units of local government from adopting any ordinance that controls or stabilizes residential rents. This preemption applies statewide — including Elmhurst and all of DuPage County.
In practice, this means your landlord in Elmhurst may raise your rent by any amount, at any time, as long as proper written notice is provided before the increase takes effect. For a month-to-month tenancy, Illinois law requires at least 30 days' written notice before a rent increase takes effect. For fixed-term leases, rent cannot be raised during the lease term unless the lease itself allows for it — but at renewal, the landlord may set a new rent at any amount.
There are no local Elmhurst ordinances capping rent increases, requiring rent registration, or mandating rent stabilization. Renters who cannot afford a proposed increase may choose not to renew their lease, but they have no legal right under Illinois or Elmhurst law to refuse a rent increase and remain in the unit at the prior rate.
Illinois state law provides several important protections for Elmhurst renters across key areas:
Security Deposits (765 ILCS 710; 765 ILCS 711): The Illinois Security Deposit Return Act requires landlords to return a tenant's security deposit within 30 days after the tenant vacates the unit, along with an itemized written statement of any deductions. The Illinois Security Deposit Interest Act (765 ILCS 711) requires landlords who hold deposits for more than six months and own 25 or more units to pay annual interest on the deposit. Failure to comply with either statute can expose the landlord to liability for actual damages and court costs.
Habitability and Repairs (Illinois Common Law; 765 ILCS 735/1): Under Illinois common law, all residential landlords have an implied duty to maintain rental units in a habitable condition. This includes maintaining structural integrity, functional plumbing and heating, weatherproofing, and freedom from serious pest infestations. If a landlord fails to make necessary repairs after being given reasonable written notice, Illinois courts have recognized tenants' rights to pursue remedies including repair-and-deduct (for minor repairs, up to a reasonable cost) and, in serious cases, rent withholding or lease termination — though tenants should obtain legal advice before withholding rent.
Notice to Terminate Tenancy (735 ILCS 5/9-207): For month-to-month tenancies, Illinois law requires at least 30 days' written notice from either the landlord or tenant to terminate the rental agreement. For week-to-week tenancies, 7 days' written notice is required. Fixed-term leases expire automatically at the end of the lease term unless renewed.
Anti-Retaliation (765 ILCS 720/1): Illinois law prohibits landlords from retaliating against tenants who complain to a government authority about housing code violations, organize with other tenants, or exercise any legally protected right. Retaliatory acts may include eviction, rent increases, or reduction in services. If a landlord takes an adverse action within one year of a tenant's protected activity, retaliation may be presumed and the tenant may have legal remedies.
Lockout and Utility Shutoff Prohibition (765 ILCS 735/1): Illinois law prohibits self-help eviction. A landlord may not lock out a tenant, remove doors or windows, or shut off utilities such as heat, water, or electricity as a means of forcing a tenant to leave. These acts are illegal regardless of whether the tenant owes rent. A landlord must obtain a court order and use the sheriff to carry out a lawful eviction.
Elmhurst landlords are governed by the Illinois Security Deposit Return Act (765 ILCS 710) and the Illinois Security Deposit Interest Act (765 ILCS 711). There is no statewide cap on the amount a landlord may charge for a security deposit in Illinois, so Elmhurst landlords may require any amount they choose — though market norms typically range from one to two months' rent.
Return Deadline: Under 765 ILCS 710/1, a landlord must return the security deposit — along with an itemized written statement of deductions — within 30 days after the tenant vacates the unit or delivers possession, whichever is later. If the landlord claims deductions for damages beyond normal wear and tear, they must provide the itemized statement and supporting receipts or invoices within that same 30-day window.
Penalty for Wrongful Withholding: If a landlord fails to return the deposit or provide the required itemized statement within 30 days without a valid basis for deductions, the tenant may be entitled to recover the amount wrongfully withheld, plus damages, court costs, and attorney fees under 765 ILCS 710/1. Tenants should document the condition of the unit at move-in and move-out with dated photographs and written records to support any claim.
Interest on Deposits (765 ILCS 711): Landlords who own 25 or more residential units and hold a deposit for more than six months must pay annual interest on the deposit at a rate set by the Illinois Department of Financial and Professional Regulation. This requirement does not apply to most small Elmhurst landlords who own fewer than 25 units.
In Elmhurst, a landlord must follow a specific legal process to remove a tenant. Self-help eviction — including changing locks, removing belongings, or shutting off utilities — is illegal under 765 ILCS 735/1 and may expose the landlord to civil liability. Only a court order enforced by the DuPage County Sheriff can legally remove a tenant.
Step 1 — Written Notice (735 ILCS 5/9-207 and 5/9-210): Before filing in court, the landlord must serve a written notice on the tenant. The type and length of notice depends on the reason for eviction:
Step 2 — Filing an Eviction Lawsuit: If the tenant does not pay, cure the violation, or vacate by the deadline stated in the notice, the landlord may file a Forcible Entry and Detainer action in the DuPage County Circuit Court. The tenant will be served with a summons and given the opportunity to appear at a hearing.
Step 3 — Court 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 retaliatory motive. If the court rules in the landlord's favor, it will issue a judgment for possession.
Step 4 — Enforcement: If the tenant does not vacate voluntarily after a judgment, the landlord may obtain a writ of possession, which is served by the DuPage County Sheriff. The Sheriff — not the landlord — may then physically remove the tenant.
No Just Cause Requirement: Elmhurst has no just cause eviction ordinance. At the end of a fixed-term lease, a landlord may decline to renew without stating a reason, provided proper notice is given. Tenants who believe a non-renewal is retaliatory may have a defense under 765 ILCS 720/1.
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. RentCheckMe makes no guarantees about the accuracy, completeness, or current applicability of the information presented here. If you have a specific legal problem or question, you should consult a licensed Illinois attorney or contact a qualified legal aid organization in your area. Do not rely solely on this page to make legal decisions about your tenancy.
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