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Mokena is a suburban village in Will County, located in the southwest Chicago metropolitan area. As the region has grown, rental housing in Mokena has become an important part of the local housing market, attracting renters who work in nearby Joliet, Orland Park, and the broader Chicago metro. Like all Illinois renters, Mokena tenants are covered by a set of statewide protections that govern security deposits, habitability, eviction procedures, and anti-retaliation rights.
Because Mokena has no local tenant rights ordinances beyond Illinois state law, the primary legal frameworks that apply are the Illinois Security Deposit Return Act (765 ILCS 710), the Illinois Security Deposit Interest Act (765 ILCS 715), and the statewide eviction statute (735 ILCS 5/9-201 et seq.). Renters frequently ask about rent increases, security deposit returns, and what notice a landlord must give before beginning eviction proceedings — all of which are addressed under state law.
This guide is intended to provide renters in Mokena with clear, accurate information about their legal rights. It is informational only and does not constitute legal advice. If you have a specific legal situation, consult a licensed Illinois attorney or contact a local legal aid organization.
Rent Control Status: Prohibited by State Law
Mokena has no rent control ordinance, and under Illinois law, it cannot enact one. The Illinois Rent Control Preemption Act (765 ILCS 720/1) expressly prohibits any unit of local government — including villages, cities, and counties — from enacting, maintaining, or enforcing any ordinance or regulation that controls or limits the amount of rent charged for leasing private residential or commercial property.
This means that your landlord in Mokena is legally free to raise your rent by any amount, at any time, subject only to the notice requirements that apply at the end of a lease term. There is no cap on annual rent increases, no requirement that increases be tied to inflation, and no local board or process for challenging a rent hike. Once your lease expires — or upon proper notice for month-to-month tenancies — your landlord may set a new rental rate at their discretion.
In practical terms, the best protection Mokena renters have against steep rent increases is a fixed-term lease. During an active lease term, your landlord cannot unilaterally change the rent; they must wait until renewal. Renters should carefully review lease renewal notices and understand that refusing a rent increase at renewal may result in a notice to vacate.
Illinois provides several important statewide tenant protections that apply in full to Mokena renters.
Habitability: Illinois common law requires landlords to maintain rental units in a habitable condition throughout the tenancy. This includes providing functioning heat, plumbing, and structural integrity, and keeping the premises free from conditions that endanger health or safety. While Illinois does not have a single codified statewide habitability statute equivalent to some other states, this obligation is well-established under Illinois case law (see Jack Spring, Inc. v. Little, 50 Ill. 2d 351 (1972)). Tenants may have remedies including repair-and-deduct or rent withholding in certain circumstances, though these remedies carry legal risk and should be pursued carefully.
Security Deposit Protections: The Illinois Security Deposit Return Act (765 ILCS 710/1) requires landlords who own five or more rental units to return a tenant's security deposit — along with an itemized statement of deductions — within 30 days after the tenant vacates. Failure to comply may entitle the tenant to recover the withheld amount plus damages. The Illinois Security Deposit Interest Act (765 ILCS 715/1) requires landlords with 25 or more units to pay interest on security deposits held for more than six months.
Notice to Terminate a Tenancy: Under Illinois law (735 ILCS 5/9-207), a landlord must provide at least 30 days written notice to terminate a month-to-month tenancy. Likewise, a tenant wishing to vacate should provide 30 days written notice. For tenancies of a week-to-week nature, 7 days notice is required under the same statute.
Anti-Retaliation: The Illinois Retaliatory Eviction Act (765 ILCS 720/1) prohibits a landlord from retaliating against a tenant for complaining to a governmental authority about code violations or habitability problems, or for exercising any right or remedy afforded by law. A retaliatory eviction action brought by a landlord within one year of such protected activity creates a presumption of retaliation that the landlord must rebut.
Prohibition on Lockouts and Utility Shutoffs: Illinois law (735 ILCS 5/9-101 et seq.) prohibits self-help eviction. A landlord may not change the locks, remove doors or windows, shut off utilities, or otherwise interfere with a tenant's peaceful enjoyment of the premises in order to force the tenant out. The only lawful way to remove a tenant is through the formal court eviction process.
Security Deposit Cap: Illinois state law does not impose a maximum limit on the amount a landlord may collect as a security deposit in Mokena. Landlords may require any amount they choose, though market norms typically range from one to two months' rent.
Return Deadline: Under the Illinois Security Deposit Return Act (765 ILCS 710/1), landlords who own five or more residential rental units must return the security deposit — or provide an itemized written statement of deductions along with any remaining balance — within 30 days after the tenant vacates the premises. If the landlord intends to make deductions for damages beyond normal wear and tear, they must provide an itemized statement within 30 days, and receipts or repair bills within 30 days of that statement (or 45 days from vacating if repairs are made after the initial statement).
Penalty for Wrongful Withholding: If a landlord covered by the statute (five or more units) fails to return the deposit or provide the required itemized statement within the required timeframe, the tenant may be entitled to recover the wrongfully withheld amount as damages. Illinois courts have interpreted the Act to allow recovery of the deposit itself; tenants should consult an attorney for guidance on pursuing such a claim.
Interest on Deposits: Under the Illinois Security Deposit Interest Act (765 ILCS 715/1), landlords who own 25 or more residential rental units and hold a security deposit for more than six months must pay interest on that deposit at a rate announced annually by the Illinois Department of Financial and Professional Regulation. Landlords with fewer than 25 units are not required to pay interest on deposits under state law.
Important Note: Landlords with fewer than five units are not subject to the Security Deposit Return Act's 30-day return requirement, though general principles of contract law and equity may still apply. Renters in smaller properties should document their move-out condition carefully and request a written itemization of any deductions.
Overview: In Mokena, Illinois, a landlord must follow a strict legal process to evict a tenant. Self-help eviction — including changing locks, removing the tenant's belongings, or shutting off utilities — is illegal under Illinois law (735 ILCS 5/9-101 et seq.) and may expose the landlord to civil liability.
Step 1 — Written Notice: Before filing an eviction lawsuit, the landlord must serve the tenant with proper written notice. The type and duration of notice depends on the reason for eviction:
Step 2 — Filing the Eviction Complaint: If the tenant does not comply with the notice, the landlord may file a Forcible Entry and Detainer action in the Will County Circuit Court (12th Judicial Circuit). The landlord must pay a filing fee, and the tenant will be served with a summons and complaint requiring them to appear at a hearing.
Step 3 — Court Hearing: The tenant has the right to appear and present a defense at the scheduled hearing. Defenses may include improper notice, retaliation, habitability issues, or payment of the overdue rent. If the court rules in favor of the landlord, it will issue an Order of Possession.
Step 4 — Enforcement (Writ of Possession): Even after a court judgment, the landlord must obtain a Writ of Possession from the court, which authorizes the Will County Sheriff to physically remove the tenant if they do not leave voluntarily. The landlord cannot personally remove the tenant or their belongings without the sheriff's involvement.
No Just-Cause Requirement: Mokena and Illinois state law do not require a landlord to have just cause to decline to renew a lease or to terminate a month-to-month tenancy. After a fixed-term lease expires, a landlord may choose not to renew for any lawful reason, provided proper notice is given. However, terminations that are retaliatory or discriminatory are prohibited under the Illinois Retaliatory Eviction Act (765 ILCS 720/1) and the Illinois Human Rights Act (775 ILCS 5/3-102).
The information provided on this page is 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 warranties regarding the accuracy, completeness, or current applicability of the information presented here. If you have a specific legal question or are facing eviction, a security deposit dispute, or another housing issue, you should consult a licensed Illinois attorney or contact a qualified legal aid organization in your area. Laws may have changed since this page was last updated in April 2026.
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