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Fairview Heights is a suburban city in St. Clair County, Illinois, located in the Metro East region just east of St. Louis, Missouri. The city has a mix of single-family rentals, apartment complexes, and townhomes, and a significant share of its residents are renters. As a renter in Fairview Heights, your legal protections come entirely from Illinois state law — the city has not enacted any local tenant ordinances beyond what the state requires.
Illinois renters most commonly ask about security deposit rules, what notice a landlord must give before eviction, and what to do when a landlord refuses to make repairs. This page answers those questions with specific citations to Illinois statutes so you know exactly where the law stands. The Illinois Security Deposit Return Act (765 ILCS 710) and the state anti-retaliation statute (765 ILCS 720) are the two most important protections for Fairview Heights tenants.
This article is for informational purposes only and does not constitute legal advice. Laws change, and individual circumstances vary. If you face an eviction, habitability dispute, or landlord conflict, contact a licensed Illinois attorney or a free legal aid organization serving St. Clair County.
Fairview Heights has no rent control, and under Illinois state law, no city in the state is permitted to enact one. The Illinois Rent Control Preemption Act (765 ILCS 720/1 et seq.), enacted in 1997, explicitly prohibits any unit of local government — including cities, counties, and municipalities — from enacting, maintaining, or enforcing any ordinance or regulation that controls the amount of rent charged for private residential or commercial property.
In practical terms, this means your landlord in Fairview Heights can raise your rent by any amount, at any time, as long as proper advance written notice is provided before the increase takes effect at the end of your current lease or rental period. There is no cap on annual increases, no required justification for a rent hike, and no city agency where you can challenge the amount. Once your lease ends, a landlord may offer renewal at a higher rate or decline to renew without penalty under state law.
Illinois has no current statewide rent stabilization program. Tenants who cannot afford a proposed rent increase must either negotiate with their landlord or exercise their right to vacate with proper notice. Advocacy groups continue to push for repeal of the preemption statute at the state level, but as of April 2026 the law remains in effect.
Although Fairview Heights has no local tenant ordinances, Illinois state law provides several meaningful protections for renters.
Security Deposits (765 ILCS 710 & 711): The Illinois Security Deposit Return Act requires landlords of residential property (with five or more units) to return a tenant's security deposit — along with an itemized statement of any deductions — within 30 days of the tenant vacating the unit. Landlords who wrongfully withhold deposits may be liable for damages. The Security Deposit Interest Act (765 ILCS 710) also requires landlords of 25 or more units to pay interest on deposits held for more than six months.
Implied Warranty of Habitability: Illinois courts recognize an implied warranty of habitability in residential leases, meaning landlords must maintain rental units in a safe, sanitary, and livable condition. This standard is derived from Illinois common law (see Jack Spring, Inc. v. Little, 50 Ill. 2d 351 (1972)) and requires landlords to address issues such as heating failures, water leaks, pest infestations, and structural hazards. Tenants may have remedies including rent withholding or repair-and-deduct in extreme cases, though these should be pursued carefully and ideally with legal guidance.
Notice to Terminate Tenancy (735 ILCS 5/9-207): For month-to-month tenancies, Illinois law requires either party to provide at least 30 days written notice before terminating the tenancy. For week-to-week tenancies, 7 days notice is required. Notice must be in writing and served on the other party.
Anti-Retaliation (765 ILCS 720/1): Landlords are prohibited from retaliating against tenants who report code violations, complain to a governmental agency, or exercise any right afforded under Illinois law. Retaliatory conduct includes raising rent, reducing services, or attempting eviction within a period that raises an inference of retaliation. A tenant who prevails on a retaliation claim may recover actual damages and attorney's fees.
Prohibition on Self-Help Eviction (735 ILCS 5/9-101 et seq.): A landlord in Illinois may not remove a tenant by force, change the locks, or shut off utilities to compel a tenant to leave. Any eviction must be accomplished through the court system, including filing an eviction action (formerly called forcible entry and detainer) and obtaining a court judgment and order of possession.
Security deposit rules in Fairview Heights are governed by Illinois state law. The two primary statutes are the Illinois Security Deposit Return Act (765 ILCS 710) and the Illinois Security Deposit Interest Act (765 ILCS 711).
No statutory cap: Illinois state law does not cap the amount a landlord may charge as a security deposit for properties outside Chicago. Landlords in Fairview Heights may charge any amount they choose, though competitive market rates typically range from one to two months' rent.
Return deadline: For landlords who own five or more residential units, the security deposit — along with an itemized written statement of any deductions — must be returned to the tenant within 30 days after the tenant vacates the unit (765 ILCS 710/1). If the landlord claims damage deductions, they must provide receipts or invoices within that 30-day window.
Interest on deposits: Landlords who own 25 or more residential units in Illinois are required to pay annual interest on security deposits held for more than six months, at a rate set by the Illinois Office of Banks and Real Estate (765 ILCS 711/1). Failure to pay required interest gives the tenant the right to apply that interest toward rent or to demand its return.
Penalties for wrongful withholding: If a landlord covered under 765 ILCS 710 fails to return the deposit or provide an itemized statement within 30 days, the tenant may sue and is entitled to recover the wrongfully withheld amount plus court costs. Unlike the Chicago RLTO, the statewide statute does not provide a statutory penalty multiplier (such as double damages), but courts may award actual damages and attorney's fees depending on the circumstances. Tenants in smaller buildings (fewer than five units) should review their lease carefully and document all move-in and move-out conditions with photos and written records.
Evictions in Fairview Heights follow Illinois state law and must be conducted entirely through the court system. A landlord may never remove a tenant by force, change locks, or shut off utilities to compel departure — doing so constitutes an illegal self-help eviction and exposes the landlord to liability.
Step 1 — Written Notice: Before filing an eviction action, the landlord must serve the tenant with the appropriate written notice. The notice type depends on the reason for eviction:
Step 2 — Filing the Eviction Action: 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 St. Clair County Circuit Court. The tenant is served with a summons and must appear at the scheduled hearing.
Step 3 — Court Hearing: At the hearing, both parties may present evidence. If the judge rules in the landlord's favor, the court issues an Order of Possession specifying the date by which the tenant must vacate. Tenants have the right to raise defenses, including improper notice, retaliation, or failure to maintain habitability.
Step 4 — Enforcement: If the tenant does not vacate by the date in the Order of Possession, the landlord may request a Writ of Assistance, which authorizes the St. Clair County Sheriff to physically remove the tenant and their belongings.
No Just Cause Requirement: Fairview Heights has no just-cause eviction ordinance. At lease end, a landlord may decline to renew without providing a reason, as long as proper notice is given. Illinois state law does not impose a just-cause requirement outside of localities that have enacted such rules (which Fairview Heights has not).
Self-Help Eviction is Illegal: Any landlord who changes the locks, removes doors, shuts off heat, electricity, or water, or removes the tenant's belongings without a court order violates Illinois law (735 ILCS 5/9-101). Tenants subjected to a self-help eviction may seek emergency injunctive relief in court and may recover damages.
The information on this page is provided for general informational purposes only and does not constitute legal advice. While we strive to keep this content accurate and up to date, Illinois landlord-tenant law can change, and local court interpretations may vary. Nothing on this page creates an attorney-client relationship. If you have a specific legal problem — including an eviction, a security deposit dispute, or a habitability issue — you should consult a licensed Illinois attorney or contact a free legal aid organization serving St. Clair County. Do not rely solely on this page to make legal decisions.
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