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Montgomery is a growing village straddling Kendall and Kane Counties in the Chicago metropolitan area. With a population of roughly 20,000 residents, Montgomery has experienced rapid residential development in recent decades, drawing renters who commute to Aurora, Naperville, and Chicago. As rental housing demand rises alongside home prices, many tenants in Montgomery are actively searching for information about their rights with respect to rent increases, security deposits, and eviction procedures.
Montgomery has not enacted any local landlord-tenant ordinances, so renters here are governed entirely by Illinois state law. The most important protections come from the Illinois Security Deposit Return Act (765 ILCS 710), the Illinois Security Deposit Interest Act (765 ILCS 710/0.01 et seq.), statewide anti-retaliation provisions (765 ILCS 720), and Illinois common law on the implied warranty of habitability. Unlike renters in Chicago or Evanston, Montgomery renters do not have access to a local Residential Landlord and Tenant Ordinance (RLTO).
This guide explains the Illinois tenant protections that apply to Montgomery renters, what to do if your landlord fails to make repairs or wrongfully withholds your security deposit, and where to find local legal help. This page is informational only and does not constitute legal advice — renters with specific situations should consult a licensed Illinois attorney or contact a legal aid organization.
Montgomery has no rent control, and Illinois law prohibits any municipality from enacting it. Under 765 ILCS 720/1, the Illinois Rent Control Preemption Act, every unit of local government in Illinois — including villages, cities, and counties — is expressly forbidden from enacting, maintaining, or enforcing any ordinance or resolution that would control or stabilize the amount of rent charged for private residential property.
In practice, this means a landlord in Montgomery may raise your rent by any amount at any time, with one key limitation: for month-to-month tenancies, the landlord must give you at least 30 days written notice before the rent increase takes effect. For fixed-term leases, your rent cannot be raised during the lease term unless the lease explicitly allows it — your rent is locked at the agreed amount until the lease expires. Once your lease ends, the landlord is free to offer a renewal at a higher rent or decline to renew entirely.
Because there is no rent stabilization or just-cause-for-increase requirement in Montgomery, tenants facing large rent hikes have limited legal recourse. If a rent increase is used to retaliate against a tenant for reporting a housing code violation, however, that may violate Illinois anti-retaliation law under 765 ILCS 720/1.
Implied Warranty of Habitability. Under Illinois common law, every residential lease includes an implied warranty of habitability. Landlords in Montgomery must maintain rental units in a condition that is safe, sanitary, and fit for human habitation. This includes functioning heat, working plumbing, a weathertight structure, and freedom from pest infestations. If a landlord fails to make necessary repairs, a tenant may have remedies including rent withholding, repair-and-deduct (subject to limitations), or lease termination — though the specific steps depend on the circumstances and tenants should consult legal aid before acting.
Security Deposit Protections. 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 the unit. Landlords who own buildings with 25 or more units must also pay interest on security deposits held for more than six months, as governed by the Illinois Security Deposit Interest Act (765 ILCS 710/0.01). Wrongful withholding of a deposit can result in the tenant recovering damages under state law.
Notice Requirements. For month-to-month rental agreements, Illinois law requires that either party provide at least 30 days written notice before terminating the tenancy. For week-to-week tenancies, 7 days notice is required. These requirements are found in 735 ILCS 5/9-207. For fixed-term leases, the lease itself governs the termination process unless otherwise specified by law.
Anti-Retaliation Protections. Under 765 ILCS 720/1, a landlord may not retaliate against a tenant for reporting housing code violations to a government authority, complaining to the landlord about habitability conditions, or exercising any legal right. Prohibited retaliatory acts include eviction, rent increases, reduction of services, or harassment carried out in response to protected tenant activity. If a landlord retaliates, the tenant may have a defense in eviction proceedings or an independent claim for 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 shut off utilities such as heat, water, or electricity in order to force a tenant to leave. Such conduct may expose the landlord to civil liability. The only legal method of removing a tenant is through the Illinois court eviction process under 735 ILCS 5/9-201 et seq.
Illinois does not set a statewide cap on the amount a landlord may charge as a security deposit, so a Montgomery landlord may require any amount agreed upon in the lease. However, once a security deposit is collected, Illinois law governs how it must be handled and returned.
Return Deadline. Under the Illinois Security Deposit Return Act (765 ILCS 710/1), landlords who own buildings with five or more residential units must return the security deposit — less any lawful deductions — within 30 days after the tenant vacates the unit and delivers possession. If the landlord intends to make deductions for damage beyond normal wear and tear, the landlord must provide an itemized statement of those deductions along with paid receipts or invoices within 30 days.
Interest on Deposits. If a landlord owns a building with 25 or more units, the Illinois Security Deposit Interest Act (765 ILCS 710/0.01) requires the landlord to pay interest on any deposit held for more than six months. The interest rate is set annually by the Illinois Department of Financial and Professional Regulation.
Penalty for Wrongful Withholding. If a landlord covered by 765 ILCS 710/1 fails to return the deposit or provide the required itemized statement within 30 days without lawful justification, the tenant may be entitled to recover the wrongfully withheld amount plus damages. Tenants should document the condition of the unit at move-in and move-out with dated photographs and written records to support any deposit claim.
Important Note for Smaller Buildings. Landlords who own fewer than five rental units are not covered by the Illinois Security Deposit Return Act, meaning statutory penalties may not apply. In those cases, a tenant may still pursue a claim in small claims court under general contract principles. All tenants should keep copies of their lease, move-in inspection reports, and any written communications with their landlord.
A landlord in Montgomery must follow the Illinois statutory eviction process to remove a tenant. Self-help eviction — including changing locks, removing belongings, or shutting off utilities — is illegal under Illinois law and may expose the landlord to civil liability. The eviction process is governed by the Forcible Entry and Detainer Act, 735 ILCS 5/9-101 et seq.
Step 1 — Written Notice. Before filing an eviction lawsuit, the landlord must serve the tenant with a written notice. The type 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 (formerly called a forcible detainer action) in the appropriate Illinois circuit court. In Montgomery, this is generally the Kendall County Circuit Court or Kane County Circuit Court, depending on which county the rental property falls within. The tenant will be served with a summons and given a date to appear.
Step 3 — Hearing. Both the landlord and tenant have the right to appear and present their case at the eviction hearing. Tenants should bring documentation including the lease, payment records, and any communications with the landlord. Defenses may include payment of rent, improper notice, or retaliation by the landlord under 765 ILCS 720/1.
Step 4 — Judgment and Enforcement. If the court rules in the landlord's favor, a judgment for possession is entered. The landlord may then obtain an order of possession (writ), which is enforced by the county sheriff. A tenant may not be physically removed until the sheriff executes the writ. Illinois law does not require just cause for eviction in most residential tenancies, meaning a landlord may decline to renew a lease for any non-discriminatory reason.
No Just Cause Requirement. Montgomery does not have a just cause eviction ordinance. Landlords are not required to provide a reason for non-renewal of a lease, provided proper notice is given and the decision is not based on illegal discrimination or unlawful retaliation.
This page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws, local ordinances, and court procedures can change, and the information on this page may not reflect the most current legal developments in Montgomery, Illinois or Kendall County. Renters with specific legal questions or situations — including pending evictions, security deposit disputes, or habitability concerns — should 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 no attorney-client relationship is created by using this site.
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