Want to skip straight to checking your own building? Use the RentCheckMe address checker.
Markham is a small city in Cook County, Illinois, located in the south suburbs of Chicago. Like many working-class communities in the region, Markham has a significant renter population that relies on state law for tenant protections. Renters in Markham most commonly seek information about security deposit return rules, eviction procedures, and what to do when a landlord refuses to make repairs.
Illinois state law governs the landlord-tenant relationship in Markham. The Illinois Security Deposit Return Act (765 ILCS 710) and the Security Deposit Interest Act (765 ILCS 715) set clear standards for how deposits must be handled. Illinois common law also imposes an implied warranty of habitability on residential landlords statewide. Markham has not adopted any local tenant ordinances beyond what state law requires.
This page provides a plain-language summary of tenant rights in Markham, Illinois, with citations to the applicable statutes. It is intended as general information only and does not constitute legal advice. If you have a specific legal problem, consult a licensed attorney or contact one of the legal aid organizations listed below.
Markham has no rent control, and Illinois state law prohibits any municipality from enacting it. The Illinois Rent Control Preemption Act (765 ILCS 720) expressly bars cities, counties, and other local governments across the state from adopting rent control or rent stabilization ordinances. This preemption applies statewide — including to Markham — regardless of local housing conditions or rental market pressures.
In practical terms, this means a Markham landlord may raise your rent by any amount, at any time, as long as they provide the legally required advance notice before the increase takes effect. For a month-to-month tenant, that notice is at least 30 days. For a tenant with a fixed-term lease, the rent cannot be raised during the lease term unless the lease expressly permits it, but at renewal the landlord may set any new rent amount.
Because there is no rent stabilization floor or ceiling in Markham, tenants facing significant rent increases have limited legal recourse beyond negotiating with their landlord, seeking more affordable housing, or — if the increase is retaliatory — asserting their rights under 765 ILCS 720/1.
Illinois law provides several core protections that apply to every renter in Markham:
Implied Warranty of Habitability: Under Illinois common law, every residential landlord is required to maintain rental units in a habitable condition throughout the tenancy. This obligation covers functioning heat, plumbing, structural integrity, and freedom from pest infestations, among other conditions. If a landlord materially breaches this warranty, Illinois courts have recognized tenant remedies including rent withholding, repair-and-deduct, and lease termination — though tenants should consult a legal aid attorney before exercising these remedies unilaterally.
Security Deposit Rules: The Illinois Security Deposit Return Act (765 ILCS 710) requires landlords who own 5 or more units to return a tenant's security deposit — with a written itemized statement of deductions — within 30 days of the tenant vacating the unit. The Illinois Security Deposit Interest Act (765 ILCS 715) requires landlords of 25 or more units to pay annual interest on deposits held for more than 6 months. Failure to comply can entitle the tenant to damages including twice the deposit amount.
Notice to Terminate Tenancy: Illinois law (735 ILCS 5/9-207) requires that either party give at least 30 days written notice to terminate a month-to-month tenancy. For a week-to-week tenancy, 7 days notice is required. Landlords must provide this notice in writing before beginning any eviction proceeding based on non-renewal.
Anti-Retaliation Protection: Under 765 ILCS 720/1, a landlord may not retaliate against a tenant for complaining to a government authority about code violations, for organizing with other tenants, or for asserting any right protected under Illinois law. Retaliatory acts include rent increases, reduction of services, harassment, and eviction proceedings filed within a protected period. A tenant who proves retaliation may be entitled to damages.
Prohibition on Self-Help Eviction: Illinois law (735 ILCS 5/9-101 et seq.) requires landlords to obtain a court judgment before removing a tenant. A landlord who changes locks, removes doors or windows, shuts off utilities, or otherwise attempts to force a tenant out without going through the court eviction process commits an illegal self-help eviction and may be liable for damages.
Security deposit rules for Markham renters are governed primarily by two Illinois statutes:
Illinois Security Deposit Return Act (765 ILCS 710): Landlords who own 5 or more residential units must return the tenant's security deposit — or the portion not withheld for allowable deductions — within 30 days after the tenant vacates the unit. If the landlord intends to make any deductions, they must provide the tenant with a written itemized statement of the damages claimed and the cost of repair within that same 30-day window. Allowable deductions are limited to unpaid rent and damage beyond normal wear and tear.
Penalty for Wrongful Withholding: If a landlord covered by 765 ILCS 710 fails to return the deposit or provide the required itemized statement within 30 days, the tenant may be entitled to recover twice the amount of the security deposit that was wrongfully withheld, plus court costs. This penalty is meant to deter landlords from improperly holding deposits.
Security Deposit Interest Act (765 ILCS 715): Landlords who own 25 or more residential units are also required to pay annual interest on security deposits held for 6 months or longer. The interest rate is set each year by the Illinois Commissioner of Banks and Real Estate. Failure to pay required interest can also give rise to a penalty claim.
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, subject to negotiation between the parties.
Tenants should document the condition of the unit at move-in and move-out with dated photographs and written records, and provide a forwarding address in writing to ensure the landlord can return the deposit on time.
Eviction in Markham follows the Illinois Forcible Entry and Detainer Act (735 ILCS 5/9-101 et seq.), which sets out the step-by-step process a landlord must follow to legally remove a tenant. Landlords cannot skip any of these steps.
Step 1 — Written Notice: Before filing in court, the landlord must serve the tenant with a written notice appropriate to the reason for eviction. The most common types are:
Step 2 — Court Filing: If the tenant does not comply with the notice, the landlord may file an eviction complaint in the Cook County Circuit Court. The case will be set for a hearing, and the tenant will be served with a summons. Tenants have the right to appear and present defenses, such as that rent was actually paid, the landlord failed to maintain habitable conditions, or the eviction is retaliatory.
Step 3 — Court Hearing and Judgment: At the hearing, a judge will decide whether to enter an eviction order (also called a judgment for possession). If the landlord prevails, the court will issue an order. The tenant may be given a short period to vacate voluntarily.
Step 4 — Enforcement by Sheriff: If the tenant does not vacate after a court judgment, the landlord may request that the Cook County Sheriff enforce the eviction order. Only the Sheriff may physically remove a tenant — the landlord may not do so personally.
Self-Help Eviction is Illegal: A landlord who changes locks, removes the tenant's belongings, shuts off heat, electricity, water, or gas, or otherwise attempts to force a tenant out without a court order commits an illegal self-help eviction under 735 ILCS 5/9-101. Tenants subjected to self-help eviction may seek emergency relief from the court and may be entitled to actual damages.
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 warranty regarding the accuracy or completeness of this information. If you have a legal problem related to your housing, you should consult a licensed Illinois attorney or contact one of the legal aid organizations listed above. Do not rely on this page as a substitute for professional legal counsel.
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.