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Godfrey is a village in Madison County, Illinois, located along the Mississippi River in the Metro East region of the St. Louis metropolitan area. As a primarily residential community with a mix of single-family homes and rental units, many Godfrey residents rent their homes and rely on Illinois state law for tenant protections. There is no local rent control ordinance, and the Village of Godfrey has not enacted any tenant-specific local legislation beyond what state law requires.
Illinois state law governs the landlord-tenant relationship for Godfrey renters. Key protections include the Security Deposit Return Act (765 ILCS 710), the Landlord and Tenant Act (765 ILCS 720), anti-retaliation provisions, and common-law habitability standards. Godfrey renters most frequently search for information about security deposit returns, eviction procedures, and what to do when a landlord fails to make repairs.
This page summarizes tenant rights in Godfrey, Illinois, based on current state law. It is provided for informational purposes only and does not constitute legal advice. Laws can change, and individual circumstances vary — consult a licensed Illinois attorney or a local legal aid organization for guidance specific to your situation.
Godfrey has no rent control, and Illinois state law prevents any municipality from enacting it. Under 765 ILCS 720/1, the Illinois General Assembly has expressly preempted all local rent control ordinances statewide. This means that neither the Village of Godfrey nor Madison County can pass any law limiting how much a landlord may charge or increase rent. Even cities like Chicago and Evanston, despite local advocacy efforts, are legally barred from implementing rent stabilization under this preemption.
In practical terms, Godfrey landlords may raise rent by any amount at the end of a lease term, provided they give proper written notice — at least 30 days for month-to-month tenancies. There is no cap, no required justification, and no approval process. Renters facing large rent increases have no local remedy; their options are to negotiate with the landlord, seek alternative housing, or — if the increase is retaliatory — pursue a claim under Illinois anti-retaliation law (765 ILCS 720/1).
Illinois state law provides several key protections for Godfrey tenants, each outlined below with the relevant statute.
Security Deposit Rules (765 ILCS 710 & 765 ILCS 711): Landlords who hold a security deposit must return it, along with an itemized statement of any deductions, within 30 days after the tenant vacates the unit and returns possession. If the landlord withholds any portion, they must provide a written, itemized list of damages. Failure to comply entitles the tenant to recover the full deposit plus damages under 765 ILCS 710/1.
Habitability (Illinois Common Law & 765 ILCS 735/1): Illinois recognizes an implied warranty of habitability in residential leases. Landlords must maintain rental units in a condition fit for human habitation — including functioning heat, plumbing, weatherproofing, and freedom from pest infestation. Tenants who provide written notice of a material defect and are ignored may pursue remedies including rent withholding or repair-and-deduct in appropriate circumstances.
Notice Requirements (735 ILCS 5/9-207): For month-to-month tenancies, either the landlord or tenant must provide at least 30 days written notice before terminating the tenancy. For tenancies of a week or less, a minimum of 7 days notice is required. These are statutory minimums; a lease may require longer notice.
Anti-Retaliation (765 ILCS 720/1): A landlord may not retaliate against a tenant for complaining to a government authority about code violations, organizing with other tenants, or asserting any legal right. Retaliatory acts include eviction, rent increases, and reduction of services. A tenant who proves retaliation may recover actual damages, attorney fees, and court costs.
Lockout and Utility Shutoff Prohibition (765 ILCS 735/1): Self-help eviction is illegal in Illinois. A landlord may not change the locks, remove doors or windows, or shut off utilities to force a tenant out. Only a court order can authorize removal of a tenant. Tenants subjected to an illegal lockout may seek emergency injunctive relief in court.
Illinois does not impose a statewide cap on the amount a landlord may collect as a security deposit in Godfrey. However, once a deposit is collected, the landlord is bound by the Security Deposit Return Act (765 ILCS 710) and the Security Deposit Interest Act (765 ILCS 710/0.01).
Return Deadline: The landlord must return the security deposit — or the remaining balance after lawful deductions — within 30 days after the tenant vacates and surrenders possession of the unit. If the landlord makes deductions, they must provide a written, itemized statement of the damages and the cost of repair within that same 30-day window (765 ILCS 710/1).
Wrongful Withholding: If the landlord fails to return the deposit or provide an itemized statement within 30 days without lawful justification, the tenant may sue for the full amount of the deposit wrongfully withheld, plus any actual damages, under 765 ILCS 710/1. Courts may also award attorney fees in appropriate cases.
Interest on Deposits: The Security Deposit Interest Act (765 ILCS 710/0.01) requires landlords who manage 25 or more units to pay interest on deposits held for more than six months. This provision is less commonly applicable to smaller landlords in Godfrey but applies to large rental complexes.
Normal Wear and Tear: Landlords may only deduct for actual damages beyond normal wear and tear. Routine cleaning costs and minor scuffs or carpet wear are generally not deductible. Tenants should document the unit's condition at move-in and move-out with photographs and written records.
Illinois law requires landlords to follow a formal legal process to evict a tenant in Godfrey. Self-help eviction — including changing locks, removing belongings, or shutting off utilities — is strictly prohibited under 765 ILCS 735/1 and can expose the landlord to liability.
Step 1 — Written Notice: Before filing an eviction lawsuit, the landlord must serve the tenant with a written notice. The type and duration of notice depends on the reason for eviction:
Step 2 — Filing the Complaint: 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 Madison County Circuit Court. The case is filed in the civil division of the Sixth Judicial Circuit. The tenant receives a summons and a hearing date.
Step 3 — Court Hearing: Both parties present their case before a judge. Tenants have the right to appear and raise defenses — such as the landlord's failure to maintain habitable conditions, improper notice, or retaliation. If the landlord prevails, the court issues a judgment for possession.
Step 4 — Order of Possession & Enforcement: After a judgment is entered, the court may issue an order of possession. If the tenant does not vacate voluntarily, the landlord may request the Madison County Sheriff to enforce the order and physically remove the tenant. Only the Sheriff — not the landlord — may carry out this removal.
Just Cause: Illinois state law does not require a landlord to have just cause to terminate a month-to-month tenancy or decline to renew a lease. Godfrey has no local just-cause ordinance. However, if a termination is retaliatory or discriminatory, the tenant may have legal defenses under 765 ILCS 720/1 or federal and state fair housing laws.
This page is provided for informational purposes only and does not constitute legal advice. The information about tenant rights in Godfrey, Illinois is based on state statutes and general legal principles as of April 2026. Laws change, and local ordinances or court interpretations may affect how these rules apply in your specific situation. For advice about your individual circumstances, consult a licensed Illinois attorney or contact a qualified legal aid organization such as Prairie State Legal Services or Illinois Legal Aid Online. RentCheckMe is not a law firm and does not establish an attorney-client relationship with any user.
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