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Lemont is a village in Cook County, Illinois, situated along the Des Plaines River roughly 25 miles southwest of Chicago. While smaller than many Illinois municipalities, Lemont has a growing rental market driven by its proximity to the Chicago metro area, its reputable school district, and its access to regional employment. Renters in Lemont are governed entirely by Illinois state law, with no additional local tenant protections in place.
The most common questions Lemont tenants have involve security deposit returns, what notice a landlord must give before ending a tenancy, and what steps a landlord must follow to legally evict a tenant. All of these are addressed by Illinois statutes — primarily the Security Deposit Return Act (765 ILCS 710), the Security Deposit Interest Act (765 ILCS 715), and the Forcible Entry and Detainer Act (735 ILCS 5/9-101 et seq.). Understanding these laws is essential for protecting your housing in Lemont.
This article provides a plain-language summary of tenant rights that apply in Lemont, Illinois. It is informational only and does not constitute legal advice. If you have a specific legal dispute with your landlord, contact a licensed Illinois attorney or a legal aid organization.
Lemont has no rent control, and Illinois state law expressly prohibits any municipality from enacting it. Under 765 ILCS 720 — the 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 would regulate the amount of rent charged for leasing private residential or commercial property. This statewide preemption means that Lemont cannot pass a rent stabilization or rent control ordinance, even if local officials or residents wanted to do so.
In practice, this means your landlord in Lemont has the legal right to raise your rent by any amount, at any time, as long as they provide proper written notice before a new lease term begins or before the end of a month-to-month rental period. There is no cap on rent increases, no required justification, and no limit on how frequently increases can occur. Your only protection against a mid-lease increase is the lease agreement itself — a landlord cannot raise rent during a fixed-term lease unless the lease expressly allows it.
Tenants who believe a rent increase is retaliatory — for example, because they complained about housing code violations — may have a claim under Illinois anti-retaliation law (765 ILCS 720/1), but this does not limit the amount of a rent increase; it only prohibits increases taken in retaliation for protected tenant activity.
Illinois state law provides several important protections for all renters in Lemont, regardless of whether the Chicago Residential Landlord and Tenant Ordinance (RLTO) applies. The RLTO does not apply in Lemont — it applies only within the city limits of Chicago and a small number of suburban municipalities that have adopted it. The following state-law protections do apply to Lemont tenants.
Implied Warranty of Habitability: Under longstanding Illinois common law, landlords are required to maintain rental units in a habitable condition throughout the tenancy. This means providing working heat, plumbing, weatherproofing, and freedom from conditions that materially endanger the health or safety of occupants. If a landlord fails to make necessary repairs after reasonable notice, tenants may have remedies including rent withholding or lease termination, though Illinois courts apply these remedies narrowly and tenants should seek legal advice before acting.
Security Deposit Rules (765 ILCS 710 & 765 ILCS 715): The Security Deposit Return Act requires landlords to return a tenant's deposit — along with an itemized written statement of any deductions — within 30 days of the tenant vacating the unit (or 45 days if the deductions relate to unpaid rent or damage). The Security Deposit Interest Act requires landlords who hold deposits for more than six months to pay annual interest on those deposits. See the Security Deposit section below for full details.
30-Day Notice for Month-to-Month Termination: Either party wishing to end a month-to-month tenancy must provide at least 30 days written notice before the end of a rental period. This requirement is grounded in Illinois common law and long-established practice; failure to provide proper notice may result in liability for additional rent.
Anti-Retaliation (765 ILCS 720/1): Illinois law prohibits landlords from retaliating against tenants who have reported housing code violations to a governmental authority, organized a tenant union, or exercised any legally protected tenant right. Prohibited retaliatory acts include eviction, rent increases, and reduction of services. A tenant facing retaliation may raise it as a defense in an eviction proceeding or pursue it as an affirmative claim.
Prohibition on Self-Help Eviction (735 ILCS 5/9-101): Landlords in Illinois are strictly prohibited from evicting a tenant through self-help means — that is, by changing the locks, removing doors, shutting off utilities, or removing the tenant's belongings without a court order. Any eviction must go through the formal Forcible Entry and Detainer court process. A tenant subjected to an illegal lockout or utility shutoff may seek emergency relief in court.
Illinois has two statutes governing security deposits that apply to Lemont rentals: the Security Deposit Return Act (765 ILCS 710) and the Security Deposit Interest Act (765 ILCS 715). Note that the Chicago RLTO's deposit rules (Chicago Muni. Code § 5-12-080) do not apply in Lemont.
No statutory cap on deposit amount: Illinois state law does not limit how much a landlord may charge as a security deposit. The amount is set by the lease agreement.
Return deadline: Under 765 ILCS 710/1, a landlord who seeks to make deductions from a security deposit must provide the tenant with an itemized written statement of damages and actual paid receipts (or an estimate, if repairs have not yet been completed) within 30 days after the tenant vacates. The full deposit, minus any valid deductions, must be returned within 45 days of the tenant vacating the unit. If the landlord does not intend to make any deductions, the full deposit must be returned within 30 days.
Penalty for wrongful withholding: If a landlord fails to return the deposit or provide the required itemized statement within the statutory period, the tenant is entitled to the full amount of the deposit withheld, plus damages, court costs, and reasonable attorney's fees under 765 ILCS 710/1. In some cases, the tenant may also be entitled to twice the amount wrongfully withheld, though the precise remedy depends on the facts and applicable case law — tenants should consult an attorney to assess their specific situation.
Interest on deposits (765 ILCS 715): If a landlord holds a security deposit for more than six months, the landlord must pay the tenant interest on that deposit at a rate set annually by the Illinois Office of Banks and Real Estate. Failure to pay required interest can be a defense to eviction for nonpayment of rent or the basis for a separate claim.
Normal wear and tear: A landlord may not deduct from a security deposit for ordinary wear and tear — only for actual damage beyond normal use. Document the condition of your unit with photos and a written checklist at move-in and move-out to protect your deposit.
In Lemont, evictions are governed by the Illinois Forcible Entry and Detainer Act (735 ILCS 5/9-101 et seq.). A landlord cannot remove a tenant from a rental unit without going through the court process — self-help eviction is illegal in Illinois.
Step 1 — Written Notice: Before filing in court, a 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 in the Cook County Circuit Court (the Lemont courthouse location handles Lemont cases, though filings may be made at the Rolling Meadows or Bridgeview courthouse depending on assignment). The tenant will be served with a summons and given a court date.
Step 3 — Court Hearing: Both parties appear before a judge. The tenant has the right to present defenses, including improper notice, payment of rent, retaliation (765 ILCS 720/1), or habitability issues. If the landlord prevails, the court issues an order for possession.
Step 4 — Enforcement (Writ of Possession): If the tenant does not vacate voluntarily after a judgment, the landlord may obtain a Writ of Possession, which authorizes the Cook County Sheriff to physically remove the tenant. Only the Sheriff — not the landlord — may carry out a forced removal.
Prohibition on Self-Help Eviction: A landlord who locks out a tenant, shuts off utilities, or removes the tenant's belongings without a court order is committing an illegal self-help eviction under 735 ILCS 5/9-101. Tenants subjected to such actions may seek emergency injunctive relief in court and may be entitled to damages.
No Just Cause Requirement: Lemont has no just cause eviction ordinance. At the end of a fixed-term lease or after proper notice on a month-to-month tenancy, a landlord in Lemont may choose not to renew without stating a reason, provided the decision is not retaliatory.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws can change, and their application depends on the specific facts of your situation. RentCheckMe makes no warranties about the accuracy or completeness of this information. If you have a dispute with your landlord or need guidance about your specific rights as a renter in Lemont, Illinois, please consult a licensed Illinois attorney or contact a qualified legal aid organization. Do not rely solely on this article when making decisions about your housing.
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