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Pekin is the county seat of Tazewell County, Illinois, with a population of approximately 32,000 residents. A significant share of Pekin households rent their homes, and like all Illinois tenants outside Chicago, they rely on state law for their primary legal protections. The most common questions Pekin renters have involve security deposit returns, what notice a landlord must provide before eviction, and what rights exist when a rental unit falls into disrepair.
Illinois does not have rent control anywhere in the state — including Pekin — because state law expressly preempts local governments from enacting rent regulations (765 ILCS 720). While Chicago and some of its suburbs have adopted additional tenant protections through local ordinances, Pekin has no such local rules. Tenants in Pekin rely entirely on the Illinois Security Deposit Return Act (765 ILCS 710), the Security Deposit Interest Act (765 ILCS 710/0.01), the Illinois Anti-Retaliation Act (765 ILCS 720/1), and statewide common law habitability standards.
This article summarizes the key laws that protect renters in Pekin, Illinois. It is provided for informational purposes only and does not constitute legal advice. Laws change, and individual circumstances vary — consult a licensed attorney or a legal aid organization if you have a specific legal issue.
Rent Control Status: Prohibited by State Law
Pekin has no rent control ordinance, and under Illinois law, it cannot enact one. The Illinois Rent Control Preemption Act (765 ILCS 720) explicitly prohibits any unit of local government — including cities, counties, and townships — from enacting, maintaining, or enforcing any ordinance that controls or limits the amount of rent charged for private residential property. This statute has been in effect since 1997 and applies statewide without exception.
In practice, this means a landlord in Pekin can 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 means at least 30 days written notice before the new rent amount begins. For a fixed-term lease, the landlord generally cannot raise rent mid-lease unless the lease agreement explicitly permits it. When the lease expires, the landlord may offer a renewal at any price they choose. Tenants who cannot afford the new rent may decline to renew and must vacate with proper notice.
Implied Warranty of Habitability
Illinois courts recognize an implied warranty of habitability in all residential leases, meaning landlords must maintain rental units in a condition that is safe and fit for human habitation. This includes functioning heat, plumbing, electrical systems, and structurally sound walls and roof. Unlike Chicago's Residential Landlord and Tenant Ordinance (RLTO), Pekin has no local code that specifies repair timelines, but under Illinois common law tenants may have remedies including rent withholding, repair-and-deduct, or lease termination if habitability conditions are severe and the landlord fails to act after proper notice.
Security Deposit Protections
The Illinois Security Deposit Return Act (765 ILCS 710/0.01 et seq.) requires landlords who own five or more rental units to return a tenant's security deposit — minus itemized deductions for damages beyond normal wear and tear — within 30 days after the tenant vacates the unit and returns possession. If the landlord withholds any portion of the deposit, they must provide a written, itemized statement of deductions within those 30 days. A landlord who wrongfully withholds a deposit may be liable to the tenant for the amount withheld plus court costs. The Security Deposit Interest Act (765 ILCS 710) also requires landlords of 25 or more units to pay interest on deposits held longer 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 month-to-month tenant who wishes to vacate must give the landlord at least 30 days written notice. For fixed-term leases, no additional notice is required at lease end unless the lease itself specifies otherwise.
Anti-Retaliation Protections
The Illinois Retaliatory Eviction Act (765 ILCS 720/1) makes it unlawful for a landlord to retaliate against a tenant who has reported housing code violations to a government authority or exercised any other legal right. Retaliatory acts include eviction, rent increases, or reduction in services. A tenant facing retaliation may raise it as a defense in eviction proceedings.
Prohibition on Self-Help Eviction
Illinois law prohibits landlords from using self-help eviction tactics. Under 735 ILCS 5/9-101 et seq., a landlord must obtain a court judgment before removing a tenant. Changing locks, removing doors or windows, shutting off utilities, or removing a tenant's belongings without a court order is illegal. Tenants who are subjected to self-help eviction may seek emergency relief in court.
Illinois security deposit law is governed primarily by two statutes: the Security Deposit Return Act (765 ILCS 710/0.01) and the Security Deposit Interest Act (765 ILCS 710). In Pekin, because there is no local ordinance, these state statutes provide the full framework for deposit disputes.
Deposit Cap: Illinois state law does not cap the amount a landlord may charge as a security deposit. The amount is set by the lease agreement.
Return Deadline: For landlords who own five or more units, the deposit must be returned — or an itemized written statement of deductions must be provided — within 30 days after the tenant vacates and returns possession of the unit (765 ILCS 710/0.01). If repairs are needed, the landlord must provide an itemized estimate within 30 days and then complete the repairs and return any remaining balance within 30 days after that, for a maximum of 60 days total when repair deductions are involved.
Penalty for Wrongful Withholding: If a landlord who is covered by the Act fails to return the deposit or provide a proper itemized statement within the required timeframe, the tenant may sue for the amount wrongfully withheld plus court costs. Note that Illinois's statewide penalty is less severe than Chicago's RLTO (which doubles the deposit); outside Chicago, the remedy is the withheld amount plus actual damages and fees.
Interest on Deposits: Landlords who own 25 or more units and hold a deposit for more than six months must pay annual interest at a rate determined by state formula (765 ILCS 710). This provision is less likely to apply to most Pekin rentals, which are typically in smaller buildings, but tenants in larger complexes should be aware of it.
Deductions: Landlords may only deduct for damages beyond normal wear and tear, unpaid rent, or other amounts owed under the lease. Routine cleaning, carpet wear, and minor scuffs are typically considered normal wear and tear and are not deductible.
Evictions in Pekin follow the Illinois Eviction Act (735 ILCS 5/9-101 et seq.). A landlord must complete several legally required steps before a tenant can be removed from a rental unit.
Step 1 — Written Notice: Before filing in court, a landlord must serve the tenant with a written notice. The type and duration of the notice depends on the reason for eviction:
Step 2 — Filing an Eviction Complaint: If the tenant does not comply with the notice, the landlord may file an Eviction Complaint in the Tazewell County Circuit Court (Fifth Judicial Circuit). The landlord must pay a filing fee and serve the tenant with a summons and a copy of the complaint.
Step 3 — Court Hearing: The court will schedule a hearing, typically within 14–30 days of filing. Both the landlord and tenant may present evidence. Tenants have the right to raise defenses, including habitability issues, retaliation, or procedural errors in the notice.
Step 4 — Judgment and Order of Possession: If the court rules in the landlord's favor, it issues an Order of Possession. The tenant is given a brief period — typically a few days — to vacate voluntarily. If the tenant does not leave, the landlord may request a Writ of Assistance, directing the Tazewell County Sheriff to remove the tenant.
Self-Help Eviction is Illegal: A landlord in Pekin may NOT change the locks, remove doors or windows, shut off heat, gas, electricity, or water, or remove the tenant's belongings in order to force them out (735 ILCS 5/9-101). Doing so without a court order is unlawful, and a tenant subjected to such conduct may seek emergency relief in circuit court and may be entitled to damages.
Just Cause: Illinois does not require just cause for eviction in Pekin. Once a lease term ends or proper notice is given, a landlord may decline to renew without stating a reason, as long as the eviction is not retaliatory or discriminatory under state or federal law.
This article is provided for informational purposes only and does not constitute legal advice. The information presented here reflects Illinois law as of April 2026, but tenant laws can change through legislation, court decisions, or local action. Every renter's situation is different, and this page cannot account for the specific facts of your lease, your landlord, or your case. If you are facing eviction, a security deposit dispute, or any other housing legal matter, you should consult a licensed Illinois attorney or contact a legal aid organization such as Prairie State Legal Services or Illinois Legal Aid Online. RentCheckMe.com is not a law firm and does not provide legal representation.
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