Want to skip straight to checking your own building? Use the RentCheckMe address checker.
Herrin is a small city in Williamson County in southern Illinois, with a population of approximately 12,000 residents. A substantial portion of Herrin households are renters, and like all Illinois tenants outside Chicago, they rely entirely on statewide law for their core protections. The most common questions Herrin renters ask involve security deposit returns, what to do when a landlord refuses to make repairs, and what rights they have when facing eviction.
Illinois law provides a clear framework for tenant-landlord relationships through statutes including the Security Deposit Return Act (765 ILCS 710), the Landlord and Tenant Act (765 ILCS 720), and the Forcible Entry and Detainer Act (735 ILCS 5/9-101 et seq.). Herrin has not enacted any local tenant ordinances, so these state statutes are the primary source of tenant rights in the city.
This article provides a general overview of Illinois tenant rights as they apply to renters in Herrin. It is informational only and does not constitute legal advice. Renters facing specific disputes should consult a qualified attorney or contact a local legal aid organization.
Herrin has no rent control, and Illinois state law explicitly prohibits municipalities from enacting it. The Illinois Rent Control Preemption Act (765 ILCS 720/5) bars any Illinois municipality, county, or unit of local government from enacting, maintaining, or enforcing any ordinance or resolution that would regulate the amount of rent charged for leased residential or commercial property. This preemption applies statewide — including Herrin and all of Williamson County.
In practical terms, this means your landlord in Herrin can raise your rent by any amount, at any time, provided they give you proper advance notice before your lease renews or your tenancy period ends. For a month-to-month tenant, that means at least 30 days written notice before the increase takes effect. There is no cap on the size of the increase, no requirement to justify the reason for the increase, and no city agency to file a rent-related complaint with. If you are on a fixed-term lease, your landlord generally cannot raise your rent until the lease expires unless the lease itself permits mid-term increases.
Habitability: Under Illinois common law and the implied warranty of habitability, landlords in Herrin are required to maintain rental units in a safe, sanitary, and livable condition throughout the tenancy. This includes functioning heat, plumbing, structural integrity, and freedom from serious pest infestations. If a landlord fails to maintain habitable conditions after receiving written notice, tenants may have remedies including repair-and-deduct or rent withholding, though these remedies carry legal risks and tenants should seek legal guidance before acting.
Security Deposit Rules: The Illinois Security Deposit Return Act (765 ILCS 710/1) requires landlords of buildings with five or more units to return a tenant's security deposit — along with an itemized statement of deductions — within 30 days of the tenant vacating. Landlords who fail to comply risk liability for damages. The Illinois Security Deposit Interest Act (765 ILCS 710/0.01) requires landlords of 25 or more units to pay interest on deposits held for more than six months.
Notice Requirements: For month-to-month tenancies, Illinois law requires at least 30 days written notice from either party to terminate the tenancy. For week-to-week tenancies, 7 days notice is required. These notice periods are established under 735 ILCS 5/9-207.
Anti-Retaliation: Under the Illinois Landlord and Tenant Act (765 ILCS 720/1), a landlord may not retaliate against a tenant for complaining to a government authority about housing code violations, organizing with other tenants, or exercising any legal right. Retaliatory actions can include eviction threats, rent increases, or reduction in services. A tenant who proves retaliation may be entitled to damages.
Lockout and Utility Shutoff Prohibition: Illinois law prohibits self-help eviction. A landlord may not lock a tenant out, remove doors or windows, or intentionally shut off utilities to force a tenant to leave. These actions are illegal under 735 ILCS 5/9-101 and may expose the landlord to civil liability. Only a court order can lawfully compel a tenant to vacate.
Illinois does not impose a statewide cap on the amount a landlord may charge as a security deposit in Herrin. A landlord may charge any amount agreed upon in the lease. However, once the tenancy ends and the tenant vacates, specific statutory rules govern how and when that deposit must be returned.
Under the Illinois Security Deposit Return Act (765 ILCS 710/1), landlords of residential buildings with five or more units must return the security deposit — along with a written, itemized statement of any deductions for damages beyond normal wear and tear — within 30 days of the tenant vacating the premises. If the landlord fails to provide the itemized statement and return any remaining balance within 30 days, the tenant may be entitled to the full deposit amount as damages, plus court costs and attorney's fees in some circumstances.
For buildings with fewer than five units, the Security Deposit Return Act does not apply, but tenants may still pursue a claim under general contract principles if the landlord unjustifiably withholds a deposit. Tenants should document the condition of the unit with photos at move-in and move-out and provide the landlord with a forwarding address in writing to start the 30-day clock running under 765 ILCS 710/1.
Landlords of buildings with 25 or more units are additionally required by the Illinois Security Deposit Interest Act (765 ILCS 710/0.01) to pay annual interest on deposits held for more than six months, at a rate set by the Illinois Office of Banks and Real Estate.
In Herrin, a landlord must follow Illinois law strictly to evict a tenant. Self-help eviction is illegal — a landlord may never lock out a tenant, remove belongings, shut off utilities, or take any other action to force a tenant out without a court order (735 ILCS 5/9-101). Tenants subjected to self-help eviction may seek emergency relief from a court.
Step 1 — Written Notice: Before filing in court, the landlord must serve the tenant with written notice. The type and length of notice depends on the reason for eviction: a 5-day notice to pay rent or quit is required for nonpayment of rent; a 10-day notice to cure or quit is used for lease violations; and a 30-day notice to terminate is required to end a month-to-month tenancy without cause (735 ILCS 5/9-207 and 735 ILCS 5/9-210).
Step 2 — Filing an Eviction Complaint: If the tenant does not comply with the notice, the landlord may file a Forcible Entry and Detainer complaint in Williamson County Circuit Court under 735 ILCS 5/9-101. The tenant will be served with a court summons and given a hearing date.
Step 3 — Court Hearing: At the hearing, both parties may present evidence. If the court rules in the landlord's favor, it issues a judgment for possession. The tenant may request additional time to vacate. If the tenant does not leave voluntarily, the landlord must obtain a writ of possession, which is enforced by the Williamson County Sheriff — not by the landlord personally.
Tenant Defenses: Tenants may raise defenses including payment of rent, improper notice, retaliation (765 ILCS 720/1), or uninhabitable conditions. Tenants facing eviction should seek legal assistance as quickly as possible after receiving a notice.
This article is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws are subject to change, and the application of any law depends on the specific facts of your situation. Renters in Herrin, Illinois with questions about a specific landlord dispute, eviction, or deposit issue should consult a licensed Illinois attorney or contact a qualified legal aid organization. RentCheckMe makes no warranties regarding the accuracy or completeness of this information and encourages readers to verify all statutes and local rules independently.
Find out if your home is covered by rent control or tenant protections.
Use the Address Checker →We'll email you if the rent cap, coverage rules, or tenant protections change — no spam, unsubscribe any time.