Tenant Rights in Roselle, Illinois

Key Takeaways

  • None — prohibited statewide by Illinois law (765 ILCS 720/1)
  • Must be returned within 30 days of lease end; wrongful withholding entitles tenant to twice the deposit amount plus damages (765 ILCS 710/1)
  • At least 30 days written notice required for month-to-month tenancies under Illinois common law
  • No just cause requirement in Roselle — landlord need not state a reason unless lease provides otherwise
  • Illinois Legal Aid Online, Prairie State Legal Services, Lawyers Committee for Better Housing

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1. Overview: Tenant Rights in Roselle

Roselle is a village of approximately 23,000 residents in DuPage County, situated along the BNSF Metra commuter rail corridor between Bloomingdale and Medinah. Like many Chicago-area suburbs, Roselle has a significant renter population, and tenants here most commonly have questions about security deposit returns, rent increase limits, and their rights when facing eviction.

All tenant-landlord relationships in Roselle are governed exclusively by Illinois state law. The village has not enacted any local tenant protection ordinances beyond what state statutes require. This means the Illinois Security Deposit Return Act (765 ILCS 710), the Illinois Security Deposit Interest Act (765 ILCS 710/0.01 et seq.), and Illinois common law habitability standards are the primary sources of renter protections in Roselle.

This article provides a factual overview of those protections. It is for informational purposes only and does not constitute legal advice. Tenants facing specific legal issues should consult a qualified attorney or contact a legal aid organization for guidance tailored to their situation.

2. Does Roselle Have Rent Control?

Roselle has no rent control, and landlords in Roselle may raise rents by any amount with proper notice. This is not a local policy choice unique to Roselle — Illinois state law explicitly forbids municipalities from enacting rent control ordinances. The Illinois Rent Control Preemption Act, codified at 765 ILCS 720/1, states that no county or municipality in Illinois may enact, maintain, or enforce any ordinance or resolution that would control or stabilize rents.

This preemption statute means that even if the Roselle Village Board wanted to pass a rent stabilization law, it would be legally prohibited from doing so. The law applies statewide, covering all cities and villages including those in DuPage County. As a result, a landlord in Roselle can increase rent to any amount at the end of a lease term or, for month-to-month tenancies, with at least 30 days written notice before the next rent due date.

In practical terms, Roselle renters have no cap on how much rent can be raised and no protection against non-renewal of a lease for any reason, provided the landlord gives the legally required advance notice. Tenants should carefully review their lease terms and budget for potential rent increases at renewal time.

3. Illinois State Tenant Protections That Apply in Roselle

Although Roselle has no local tenant ordinances, Illinois state law provides several important baseline protections for all renters in the village.

Security Deposit Return (765 ILCS 710/1): Landlords who hold a security deposit must return it — along with an itemized written statement of any deductions — within 30 days after the tenant vacates the unit. If the landlord withholds any portion, the written statement must be accompanied by paid receipts or invoices for any repair costs exceeding $20. Failure to comply entitles the tenant to twice the amount wrongfully withheld, plus court costs and attorney fees.

Security Deposit Interest (765 ILCS 710/0.01): Landlords who own 25 or more units and hold a security deposit for more than six months must pay interest on that deposit at a rate set annually by the Illinois Department of Financial and Professional Regulation. This obligation applies regardless of where in Illinois the building is located.

Habitability: Under Illinois common law (as established in Jack Spring, Inc. v. Little, 50 Ill. 2d 351 (1972)), landlords are required to maintain rental units in a habitable condition throughout the tenancy. This includes ensuring functioning heat, plumbing, and structural safety. If a landlord fails to make necessary repairs after written notice, tenants may have remedies including rent withholding or repair-and-deduct, though these remedies carry legal risk and tenants should seek legal advice before pursuing them.

Anti-Retaliation (765 ILCS 720/1): A landlord may not retaliate against a tenant for complaining to a government authority about housing code violations, organizing with other tenants, or exercising any legal right. Retaliatory conduct — such as raising rent, reducing services, or attempting eviction within 12 months of a protected action — is prohibited and may give the tenant a legal defense or claim.

Lockout and Utility Shutoff Prohibition: Under Illinois law, a landlord may not use self-help measures to evict a tenant. Changing locks, removing doors or windows, or intentionally shutting off utilities to force a tenant out is unlawful. A landlord must obtain a court judgment and writ of possession before a tenant can be lawfully removed. Tenants subjected to illegal lockouts may seek emergency relief in court.

Notice Requirements: For month-to-month tenancies, either party must give at least 30 days written notice before the next rent due date to terminate the tenancy. For fixed-term leases, the lease expiration serves as the termination date unless the parties agree otherwise.

4. Security Deposit Rules in Roselle

The Illinois Security Deposit Return Act (765 ILCS 710/1) governs security deposits for all Roselle rentals. There is no statewide cap on the amount a landlord may charge as a security deposit — the amount is determined by whatever the landlord and tenant agree to in the lease.

Once a tenancy ends and the tenant has vacated, the landlord has 30 days to return the full deposit or provide a written itemized statement of deductions, along with the remaining balance. If any deduction exceeds $20 for repairs, the landlord must include paid receipts or invoices supporting those costs. Normal wear and tear may not be deducted from the deposit.

If a landlord fails to return the deposit or provide the required itemized statement within 30 days, the tenant is entitled to twice (2×) the amount of the security deposit wrongfully withheld, plus court costs and reasonable attorney fees, under 765 ILCS 710/1. This penalty is automatic upon a showing of non-compliance — the tenant does not need to prove the landlord acted in bad faith.

Landlords who own 25 or more units must also pay annual interest on deposits held longer than six months, per the Illinois Security Deposit Interest Act (765 ILCS 710/0.01). The applicable interest rate is announced each year by the Illinois Department of Financial and Professional Regulation. Tenants should document the condition of the unit at move-in and move-out with photographs and written records to protect their deposit rights.

5. Eviction Process and Your Rights in Roselle

In Roselle, a landlord must follow a specific legal process to evict a tenant. Self-help evictions — such as changing locks, removing belongings, or shutting off utilities — are illegal under Illinois law and may expose the landlord to civil liability.

Step 1 — Written Notice: Before filing an eviction lawsuit, the landlord must serve the tenant with the appropriate written notice. The type and length 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 an eviction (forcible entry and detainer) complaint in the DuPage County Circuit Court, located at 505 N. County Farm Rd., Wheaton, IL. The filing fee varies based on the type and amount of claim. The court will set a hearing date, and the tenant must be served with a summons.

Step 3 — Court Hearing: Both parties appear before a judge. The tenant has the right to present defenses, including improper notice, habitability issues, or retaliation. If the judge rules in the landlord's favor, a judgment for possession is entered.

Step 4 — Order of Possession and Enforcement: After judgment, the court issues an order of possession. If the tenant does not vacate voluntarily, the landlord may request a writ of possession, which directs the DuPage County Sheriff to physically remove the tenant. Only the Sheriff — not the landlord — may carry out a physical eviction. This process is governed by 735 ILCS 5/9-101 et seq.

Tenants facing eviction should respond to all court summons, appear at hearings, and contact a legal aid organization immediately for assistance.

6. Resources for Roselle Tenants

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. Roselle renters with active legal issues — including eviction, security deposit disputes, or habitability concerns — should consult a licensed Illinois attorney or contact a qualified legal aid organization. RentCheckMe makes no representations about the completeness or currency of this information and encourages all readers to verify current statutes and local ordinances independently.

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Frequently Asked Questions

Does Roselle have rent control?
No. Roselle does not have rent control, and under the Illinois Rent Control Preemption Act (765 ILCS 720/1), no municipality in Illinois is permitted to enact rent stabilization or rent control ordinances. Landlords in Roselle may set and raise rents freely, with proper advance notice to tenants.
How much can my landlord raise my rent in Roselle?
There is no limit on rent increases in Roselle. Because Illinois state law (765 ILCS 720/1) preempts all local rent control, your landlord may raise your rent by any amount at lease renewal or, for month-to-month tenants, with at least 30 days written notice before the next rent due date. Tenants should review lease terms carefully to understand any provisions governing renewal and rent changes.
How long does my landlord have to return my security deposit in Roselle?
Under the Illinois Security Deposit Return Act (765 ILCS 710/1), your landlord must return your security deposit — and any written itemized statement of deductions — within 30 days after you vacate the unit. If the landlord fails to comply, you are entitled to recover twice the amount wrongfully withheld, plus court costs and attorney fees.
What notice does my landlord need before evicting me in Roselle?
The required notice depends on the reason for eviction. For non-payment of rent, the landlord must provide a 5-day written notice to pay or vacate under 735 ILCS 5/9-209. For lease violations, a 10-day notice to cure or vacate is required under 735 ILCS 5/9-210. For month-to-month tenancy terminations with no fault, at least 30 days written notice before the next rent due date is required. After proper notice, the landlord must file an eviction action in DuPage County Circuit Court — they cannot remove you without a court order.
Can my landlord lock me out or shut off utilities in Roselle?
No. Self-help eviction tactics — including changing locks, removing doors, or intentionally shutting off utilities to force a tenant out — are illegal under Illinois law (735 ILCS 5/9-101 et seq.). A landlord must obtain a court judgment and writ of possession before a tenant can be lawfully removed. Tenants subjected to an illegal lockout or utility shutoff can seek emergency court relief and may be entitled to damages.
What can I do if my landlord refuses to make repairs in Roselle?
Illinois common law requires landlords to maintain rental units in habitable condition, as established in Jack Spring, Inc. v. Little, 50 Ill. 2d 351 (1972). If your landlord fails to make necessary repairs, you should notify them in writing, keep copies of all communications, and document the conditions with photographs. Depending on the severity, potential remedies may include rent withholding or repair-and-deduct; however, these remedies carry legal risk and you should contact Prairie State Legal Services (pslegal.org) or Illinois Legal Aid Online (illinoislegalaid.org) before taking action. Filing a code complaint with the Roselle Building Department may also prompt corrective action.

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