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O'Fallon is one of the fastest-growing cities in the Metro East region of Illinois, situated in St. Clair County just east of St. Louis, Missouri. With a population approaching 35,000 and a steady influx of new residents drawn by affordable housing relative to the St. Louis metro area, O'Fallon has a significant renter population navigating a landlord-tenant landscape governed entirely by Illinois state law.
Unlike Chicago, which has its own Residential Landlord and Tenant Ordinance (RLTO), O'Fallon has no local tenant protections beyond those provided at the state level. That means key protections — such as security deposit return rules under the Illinois Security Deposit Return Act (765 ILCS 710), habitability standards, anti-retaliation protections, and eviction procedures — all flow from state statutes. Renters in O'Fallon most commonly ask about security deposit deadlines, what notice their landlord must give before eviction, and whether any local rules apply to their lease.
This article is intended as general legal information only and does not constitute legal advice. Laws can change, and individual circumstances vary. If you have a specific legal issue, consult a licensed Illinois attorney or contact a legal aid organization in your area.
O'Fallon has no rent control, and Illinois state law prohibits any local government from enacting it. The Illinois Rent Control Preemption Act (765 ILCS 720/1) explicitly bars all counties, municipalities, and other units of local government in Illinois from enacting, maintaining, or enforcing any ordinance or resolution that would control or stabilize rents. This statewide preemption applies equally to O'Fallon and St. Clair County.
In practical terms, this means your landlord in O'Fallon can raise your rent by any amount at the end of a lease term, as long as proper written notice is given — typically 30 days for a month-to-month tenancy. There is no cap on rent increases, no requirement that increases be tied to inflation, and no local board or agency that reviews proposed rent hikes. Tenants whose leases are up for renewal have the option to negotiate, accept the new rent, or vacate after the appropriate notice period.
Advocacy groups in Illinois have periodically pushed for repeal of 765 ILCS 720, but as of April 2026 the preemption remains fully in effect. Renters concerned about affordability should review their lease terms carefully before signing and understand that any rent increase takes effect at the start of a new lease term following proper notice.
Illinois provides several important baseline protections for all renters, including those in O'Fallon. Each protection is grounded in a specific statute:
Security Deposit Rules (765 ILCS 710 & 765 ILCS 711): The Illinois Security Deposit Return Act requires landlords to return a tenant's security deposit — with an itemized statement of any deductions — within 30 days after the tenant vacates (45 days if the property has suffered a casualty loss). Landlords who wrongfully withhold deposits can be held liable for damages. The Illinois Security Deposit Interest Act (765 ILCS 710/0.01) also requires landlords who manage 25 or more units to pay interest on deposits held for more than six months.
Habitability (Illinois Common Law & 765 ILCS 735/1): Illinois recognizes an implied warranty of habitability, meaning landlords must maintain rental properties in a condition fit for human habitation throughout the tenancy. This includes functioning heat, plumbing, electrical systems, and structural integrity. Tenants may have remedies — including rent withholding or repair-and-deduct in limited circumstances — when landlords fail to make necessary repairs after receiving written notice.
Notice Requirements (735 ILCS 5/9-207): For month-to-month tenancies, either party must provide at least 30 days written notice to terminate the tenancy. For week-to-week tenancies, at least 7 days written notice is required. Landlords must deliver proper written notice before beginning any eviction proceeding.
Anti-Retaliation (765 ILCS 720/1): Illinois law prohibits landlords from retaliating against tenants who report code violations, contact government agencies about habitability issues, organize with other tenants, or exercise any legal right under Illinois law. Retaliatory actions can include rent increases, lease terminations, or reducing services. A tenant who proves retaliation may seek damages in court.
Prohibition on Lockouts and Utility Shutoffs (720 ILCS 5/21-2): Illinois law makes it a criminal offense for a landlord to attempt to evict a tenant through self-help methods — such as changing locks, removing doors, or shutting off utilities — without a court order. Such actions can expose a landlord to both criminal liability and civil damages.
Illinois does not cap the amount a landlord may charge as a security deposit — there is no statewide maximum. However, once a deposit is collected, the Illinois Security Deposit Return Act (765 ILCS 710/1) strictly governs how and when it must be returned.
Return Deadline: A landlord must return the security deposit, along with an itemized written statement of any deductions for damages beyond normal wear and tear, within 30 days after the tenant has vacated the rental unit. If the property suffered a casualty loss (such as a fire or flood), the landlord has up to 45 days to return the deposit.
Itemized Statement: If the landlord intends to withhold any portion of the deposit for damages, they must provide an itemized statement listing each claimed damage and the corresponding repair cost. Failure to provide this statement within the required timeframe generally forfeits the landlord's right to make any deductions.
Penalty for Wrongful Withholding: Under 765 ILCS 710/1, a landlord who wrongfully withholds a security deposit is liable to the tenant for the amount wrongfully withheld. Tenants should document the condition of the unit at move-in and move-out with photographs and written records to support any claim.
Interest on Deposits (765 ILCS 711/1): Landlords who own or manage buildings with 25 or more units are required to pay interest on security deposits held for more than six months. The applicable interest rate is set annually by the state. This provision does not apply to smaller landlords.
Tenants in O'Fallon who believe a deposit has been wrongfully withheld should send a written demand letter to the landlord and, if necessary, pursue a claim in St. Clair County small claims court (for amounts under $10,000).
Evictions in O'Fallon follow the Illinois Forcible Entry and Detainer Act (735 ILCS 5/9-101 et seq.). A landlord cannot remove a tenant without first obtaining a court judgment — there is no legal self-help eviction in Illinois.
Step 1 — Written Notice: Before filing an eviction lawsuit, a landlord must serve the tenant with the appropriate written notice:
Step 2 — Filing in Circuit Court: If the tenant does not comply with the notice, the landlord may file an eviction complaint in the St. Clair County Circuit Court, 10 Public Square, Belleville, IL. The tenant is served with a summons and has the opportunity to appear and respond.
Step 3 — Court Hearing: Both parties appear before a judge. The tenant may raise defenses such as improper notice, retaliation, or habitability failures. If the court rules in the landlord's favor, it issues an Order of Possession.
Step 4 — Enforcement by Sheriff: Only a law enforcement officer (the St. Clair County Sheriff) may enforce an Order of Possession. The sheriff posts a notice and, if the tenant has not vacated, carries out the physical eviction. A landlord who attempts to remove a tenant without this court process — by changing locks, removing possessions, or shutting off utilities — commits a criminal offense under 720 ILCS 5/21-2 and may face civil liability as well.
Just Cause: O'Fallon has no just-cause eviction ordinance. At the end of a fixed-term lease, a landlord may choose not to renew without providing a reason, as long as proper notice is given.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws are subject to change, and the applicability of any statute or legal principle depends on the specific facts of your situation. RentCheckMe is not a law firm and no attorney-client relationship is created by reading this content. If you have a specific legal question or dispute with your landlord, you should consult a licensed Illinois attorney or contact a qualified legal aid organization such as Illinois Legal Aid Online or Prairie State Legal Services. Always verify current statutes and local ordinances independently, as laws may have changed since the last update of this article (April 2026).
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