Tenant Rights in South Holland, Illinois

Key Takeaways

  • None — prohibited by Illinois state law (765 ILCS 720)
  • Landlord must return within 30 days with itemized deductions; wrongful withholding may entitle tenant to damages under 765 ILCS 710
  • At least 30 days written notice required to terminate a month-to-month tenancy under Illinois law
  • No just cause requirement in South Holland; however, landlords must follow statutory notice and court process (735 ILCS 5/9-201 et seq.)
  • Illinois Legal Aid Online, Lawyers Committee for Better Housing, Prairie State Legal Services

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1. Overview: Tenant Rights in South Holland

South Holland is a village in Cook County, Illinois, located in the south suburbs of Chicago. Like many Cook County communities outside Chicago's city limits, South Holland renters are governed by Illinois state tenant protection laws rather than a local landlord-tenant ordinance. State statutes set the rules for security deposits, habitability, eviction procedure, and anti-retaliation — and renters here benefit from those statewide protections.

Many South Holland renters search for information about rent increases, security deposit returns, and what happens when a landlord fails to make repairs. Illinois law addresses each of these concerns, though the protections differ in some respects from what Chicago tenants enjoy under the Chicago Residential Landlord and Tenant Ordinance (RLTO). Understanding which laws apply to your specific lease and unit is the first step to protecting your housing stability.

This guide provides a general overview of the laws most relevant to South Holland renters. It is informational only and does not constitute legal advice. If your situation is complex or urgent, consult a licensed attorney or a local legal aid organization.

2. Does South Holland Have Rent Control?

South Holland has no rent control ordinance, and Illinois state law explicitly prevents any municipality from enacting one. The Illinois Rent Control Preemption Act, 765 ILCS 720, prohibits all units of local government — including villages, cities, and counties — from enacting, maintaining, or enforcing any ordinance that controls or limits the amount of rent a landlord may charge. This preemption applies statewide, affecting not just South Holland but every Illinois municipality outside of any narrow exemptions that may be carved out by future legislation.

In practical terms, this means your landlord in South Holland may raise your rent by any amount at any time, provided they give proper advance written notice before the new rent takes effect. For month-to-month tenants, that means at least 30 days' written notice of a rent increase. For tenants with a fixed-term lease, the rent cannot be increased until the lease term ends, unless the lease itself contains a rent escalation clause. Once the term expires and the tenancy converts to month-to-month, the landlord may propose a new rent with proper notice. There is no cap on how much the rent can be raised.

3. Illinois State Tenant Protections That Apply in South Holland

Implied Warranty of Habitability: Illinois common law obligates landlords to maintain rental units in a habitable condition throughout the tenancy. This means the landlord must keep the premises safe, sanitary, and fit for human habitation — including functioning heat, plumbing, and structural integrity. If a landlord fails to make necessary repairs, tenants may have remedies including repair-and-deduct (subject to limitations) or rent withholding, but these remedies carry legal risk and tenants should seek legal advice before acting unilaterally.

Security Deposit Rules (765 ILCS 710 & 765 ILCS 711): The Illinois Security Deposit Return Act (765 ILCS 710) requires landlords who own five or more units to return the security deposit — or provide an itemized written statement of deductions — within 30 days after the tenant vacates. The Security Deposit Interest Act (765 ILCS 711) requires landlords of 25 or more units to pay interest on deposits held for more than six months. Failure to comply with these statutes can expose landlords to damages.

Notice to Terminate Tenancy: Under Illinois law (735 ILCS 5/9-207), either party must provide at least 30 days' written notice to terminate a month-to-month tenancy. For week-to-week tenancies, 7 days' notice is required. Fixed-term leases expire at the end of the lease period without additional notice unless the lease states otherwise.

Anti-Retaliation Protections (765 ILCS 720/1): Illinois law prohibits landlords from retaliating against tenants who complain to a government authority about code violations, assert their legal rights, or organize with other tenants. Prohibited retaliatory acts include rent increases, eviction threats, and reduction of services. If a landlord takes an adverse action within one year of a protected activity, the tenant may have a defense or claim under this statute.

Lockout and Utility Shutoff Prohibition: Self-help eviction is illegal in Illinois. A landlord may not remove a tenant by changing locks, removing doors or windows, or shutting off utilities to force a tenant out. Any such conduct exposes the landlord to civil liability. The only lawful way to remove a tenant is through the formal court eviction process under 735 ILCS 5/9-101 et seq.

4. Security Deposit Rules in South Holland

Illinois does not impose a statewide cap on the amount a landlord may charge for a security deposit. However, once collected, the deposit is regulated by two key statutes that apply based on the number of units the landlord owns.

Illinois Security Deposit Return Act (765 ILCS 710): Landlords who own five or more residential units must return the security deposit — or provide an itemized written statement of lawful deductions — within 30 days after the tenant surrenders the unit (or 30 days after the landlord learns the tenant has vacated). Allowable deductions include unpaid rent and damage beyond normal wear and tear. If the landlord fails to return the deposit or provide a proper itemized statement within that 30-day window, the tenant may be entitled to recover the full deposit plus damages. Landlords who wrongfully withhold a deposit in bad faith may face additional penalties under Illinois case law.

Illinois Security Deposit Interest Act (765 ILCS 711): Landlords who own 25 or more residential units must pay annual interest on security deposits held for more than six months. The interest rate is set by the Illinois Office of Banks and Real Estate. Failure to pay required interest entitles the tenant to a credit or refund of the interest owed.

South Holland tenants should review their lease carefully to determine whether their landlord's portfolio triggers either statute. Even if neither statute applies (for landlords with fewer than five units), courts may still require return of deposits under general contract law principles, and retaining a deposit without justification can result in a small claims court judgment against the landlord.

5. Eviction Process and Your Rights in South Holland

Landlords in South Holland must follow Illinois's formal eviction process under the Forcible Entry and Detainer Act (735 ILCS 5/9-101 et seq.). Self-help eviction — including changing locks, removing belongings, or shutting off utilities to force a tenant to leave — is prohibited and exposes the landlord to civil liability.

Step 1 — Written Notice: Before filing for eviction, the landlord must serve the tenant with written notice. The type and duration 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 in the Cook County Circuit Court. South Holland cases are typically heard at the Markham Courthouse, which handles civil matters for the south suburbs of Cook County.

Step 3 — Court Hearing: Both parties appear before a judge. The tenant has the right to appear and present defenses — such as the landlord's failure to maintain habitability, improper notice, or retaliation. Tenants who do not appear risk a default judgment being entered against them.

Step 4 — Judgment and Enforcement: If the court rules in the landlord's favor, a judgment for possession is entered. The landlord must then obtain an order of possession, after which the Cook County Sheriff (not the landlord) may physically remove the tenant if necessary. Tenants receive advance notice of the scheduled lockout.

No Just Cause Requirement: South Holland has no just cause eviction ordinance. Once a lease term ends or proper notice is given to terminate a month-to-month tenancy, the landlord is not required to state a reason for non-renewal, as long as the eviction is not retaliatory or discriminatory in violation of applicable law.

6. Resources for South Holland Tenants

This article is provided for general informational purposes only and does not constitute legal advice. The information on this page reflects laws and regulations as understood in April 2026, but tenant protection laws can change, and local ordinances may be enacted or amended after publication. South Holland renters with specific legal questions or urgent housing issues should consult a licensed Illinois attorney or contact a qualified legal aid organization. RentCheckMe is not a law firm and no attorney-client relationship is created by reading or relying on this content.

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Frequently Asked Questions

Does South Holland have rent control?
No. South Holland has no rent control ordinance, and Illinois state law expressly prohibits local governments from enacting one. The Illinois Rent Control Preemption Act (765 ILCS 720) bars all municipalities in Illinois from controlling or limiting rental prices. This means landlords in South Holland may charge any amount of rent they choose.
How much can my landlord raise my rent in South Holland?
There is no limit on how much a landlord can raise rent in South Holland. Because Illinois prohibits rent control under 765 ILCS 720, any rent increase is permitted as long as the landlord provides proper advance notice. For month-to-month tenants, at least 30 days' written notice is required before the new rent takes effect (735 ILCS 5/9-207). If you have a fixed-term lease, your rent generally cannot increase until the lease expires, unless the lease contains an escalation clause.
How long does my landlord have to return my security deposit in South Holland?
If your landlord owns five or more residential units, the Illinois Security Deposit Return Act (765 ILCS 710) requires the deposit — or an itemized statement of deductions — to be returned within 30 days after you vacate. If your landlord fails to do so without lawful justification, you may be entitled to recover the deposit amount plus additional damages. For landlords with fewer than five units, there is no statutory deadline, but general contract law still requires the deposit to be returned when lawfully due.
What notice does my landlord need before evicting me in South Holland?
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 (735 ILCS 5/9-209). For lease violations other than non-payment, a 10-day notice is required (735 ILCS 5/9-210). To terminate a month-to-month tenancy without cause, the landlord must give at least 30 days' written notice (735 ILCS 5/9-207). After providing proper notice, the landlord must file in court and obtain a judgment — they cannot remove you without a court order.
Can my landlord lock me out or shut off utilities in South Holland?
No. Self-help eviction is illegal in Illinois. Under the Forcible Entry and Detainer Act (735 ILCS 5/9-101 et seq.), a landlord may not remove a tenant by changing locks, removing doors or windows, shutting off utilities, or taking any other action to force the tenant out without a court order. A landlord who engages in self-help eviction exposes themselves to civil liability. If this happens to you, contact legal aid immediately or call local law enforcement.
What can I do if my landlord refuses to make repairs in South Holland?
Illinois common law imposes an implied warranty of habitability, requiring landlords to maintain rental units in safe and livable condition. If your landlord refuses to make necessary repairs, you may be able to report the conditions to South Holland's local code enforcement or the Cook County Department of Building and Zoning for an inspection. Tenants may also have remedies such as repair-and-deduct or rent withholding, but these actions carry legal risk and should only be taken after consulting an attorney or legal aid organization such as Illinois Legal Aid Online (www.illinoislegalaid.org). Illinois law also prohibits landlords from retaliating against tenants who report code violations (765 ILCS 720/1).

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