Tenant Rights in Summit, Illinois

Key Takeaways

  • None — prohibited by Illinois state law (765 ILCS 720)
  • Must be returned within 30–45 days; wrongful withholding entitles tenant to twice the deposit plus damages (765 ILCS 710)
  • Minimum 30 days written notice required for month-to-month tenancies under Illinois law
  • No just-cause requirement in Summit; landlord must still serve proper written notice and obtain a court judgment
  • Illinois Legal Aid Online, Lawyers Committee for Better Housing, Prairie State Legal Services

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1. Overview: Tenant Rights in Summit

Summit is a village in Cook County, Illinois, located just southwest of Chicago along the Des Plaines River. Like many Cook County communities, Summit has a significant renter population that relies on Illinois state law for tenant protections. Renters here most commonly have questions about security deposits, eviction procedures, and what happens when a landlord fails to make repairs.

Illinois does not have a statewide rent control law, and state preemption law forbids local governments from enacting one. Summit itself has no local tenant-protection ordinances beyond what Illinois state law provides. That means the Illinois Security Deposit Return Act (765 ILCS 710), the Illinois Security Deposit Interest Act (765 ILCS 710/1 et seq.), and the state's common-law habitability standards are the primary tools available to Summit tenants.

This page summarizes the laws and resources most relevant to renters in Summit, Illinois. It is intended as general information only and does not constitute legal advice. If you have a specific legal problem, consult a licensed attorney or contact a local legal aid organization.

2. Does Summit Have Rent Control?

Summit has no rent control, and Illinois law prohibits it. The Illinois Rent Control Preemption Act (765 ILCS 720) expressly forbids any unit of local government — including villages, cities, and counties — from enacting or enforcing any ordinance that controls the amount of rent charged for private residential property. This statute has been in effect since 1997 and applies statewide.

In practice, this means Summit landlords may raise rent by any amount and at any time, provided they give the legally required advance notice before the increase takes effect. For month-to-month tenants, that notice period is at least 30 days. There is no cap on how much rent can increase, no requirement that a landlord justify an increase, and no local board or agency to challenge an increase before.

Tenants who believe a rent increase is retaliatory — for example, issued shortly after complaining about housing code violations — may have a defense under the Illinois anti-retaliation statute (765 ILCS 720/1), but the increase itself cannot be challenged on the basis of amount alone.

3. Illinois State Tenant Protections That Apply in Summit

Habitability (Illinois Common Law & Cook County Minimum Housing Standards): Illinois landlords are required under common law to maintain rental units in a habitable condition. This means functioning heat, plumbing, electrical systems, and a structurally sound building. Cook County also enforces minimum housing standards through its Building and Zoning Department. If a landlord fails to make necessary repairs, tenants may have remedies including rent withholding, repair-and-deduct, or lease termination, though these remedies carry legal risks and tenants should seek legal advice before acting.

Security Deposit Rules (765 ILCS 710 & 765 ILCS 710/1): The Illinois Security Deposit Return Act requires landlords who own five or more units to return a tenant's security deposit — with an itemized statement of deductions — within 30 days of the tenancy ending (or 45 days if the landlord is claiming deductions for damage). Landlords of five or more units must also pay interest on deposits held for more than six months, as governed by the Illinois Security Deposit Interest Act.

Notice Requirements (735 ILCS 5/9-207): For month-to-month tenancies, either party must give at least 30 days written notice before terminating the tenancy. For week-to-week tenancies, 7 days notice is required. A landlord cannot simply demand a tenant leave without proper written notice and a court order.

Anti-Retaliation (765 ILCS 720/1): Illinois law prohibits landlords from retaliating against tenants who report housing code violations, contact government inspectors, or exercise any legal right. Retaliation can include raising rent, reducing services, or filing an eviction. A tenant facing retaliation may use it as a defense in eviction court or may have an affirmative claim for damages.

Lockout & Utility Shutoff Prohibition (735 ILCS 5/9-101 et seq.): Self-help eviction is illegal in Illinois. A landlord may not change locks, remove doors or windows, or deliberately shut off utilities to force a tenant out. Doing so may expose the landlord to civil liability. Only a court order and the Cook County Sheriff can lawfully remove a tenant.

4. Security Deposit Rules in Summit

Summit renters are protected by the Illinois Security Deposit Return Act (765 ILCS 710) and the Illinois Security Deposit Interest Act (765 ILCS 710/1 et seq.), which apply to landlords who own five or more residential units in Illinois.

Return Deadline: A landlord must return the security deposit — or provide a written, itemized statement of deductions along with any remaining balance — within 30 days of the tenant vacating, or within 45 days if the landlord is claiming deductions for damage beyond normal wear and tear.

Cap: Illinois state law does not cap the amount a landlord may charge as a security deposit. The amount is governed by the lease agreement.

Interest: Landlords who own five or more units and hold a security deposit for more than six months must pay annual interest on that deposit at a rate set by the Illinois State Treasurer (765 ILCS 710/1).

Penalty for Wrongful Withholding: If a landlord covered by the Act fails to return the deposit or provide the required itemized statement within the applicable deadline, the tenant is entitled to recover twice the amount of the deposit plus court costs and reasonable attorney's fees (765 ILCS 710/1). Tenants should document the condition of the unit at move-in and move-out with dated photographs and written records.

5. Eviction Process and Your Rights in Summit

Illinois law sets out a specific process landlords must follow to evict a tenant. Summit landlords must comply with this process in full — there are no shortcuts, and self-help eviction is illegal.

Step 1 — Written Notice (735 ILCS 5/9-207 & 735 ILCS 5/9-209): Before filing for eviction, the landlord must serve the tenant with proper written notice. The type and length of notice depends on the reason for eviction:

Step 2 — Filing in Court (735 ILCS 5/9-211): If the tenant does not comply with the notice, the landlord may file an eviction complaint in the Cook County Circuit Court (First Municipal District). The tenant will receive a court summons specifying the hearing date.

Step 3 — Court Hearing: Both the landlord and tenant may appear and present their case. Tenants have the right to raise defenses, including improper notice, retaliation, or habitability issues. If the court finds in the landlord's favor, it will issue an order of possession.

Step 4 — Enforcement by the Sheriff: Only the Cook County Sheriff's Office may physically remove a tenant pursuant to a court order. A landlord who attempts to remove a tenant without a sheriff's order — by changing locks, removing belongings, or shutting off utilities — is committing an illegal self-help eviction and may face civil liability under Illinois law (735 ILCS 5/9-101 et seq.).

Just Cause: Illinois does not require a landlord to have just cause to terminate a lease or month-to-month tenancy. However, as noted above, evictions that appear retaliatory may be challenged under 765 ILCS 720/1.

6. Resources for Summit Tenants

This page is provided for general informational purposes only and does not constitute legal advice. The information on this page reflects laws and resources as of April 2026, but housing laws can change and local enforcement may vary. Renters in Summit, Illinois with specific legal questions or problems should consult a licensed Illinois attorney or contact a qualified legal aid organization. RentCheckMe is not a law firm and does not provide legal representation.

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Frequently Asked Questions

Does Summit have rent control?
No. Summit has no rent control ordinance, and Illinois state law prohibits local governments from enacting one under the Illinois Rent Control Preemption Act (765 ILCS 720). This means there is no cap on how much a landlord can charge or increase rent in Summit.
How much can my landlord raise my rent in Summit?
There is no legal limit on rent increases in Summit. Illinois law (765 ILCS 720) preempts any local rent control. However, your landlord must give you at least 30 days written notice before a rent increase takes effect on a month-to-month tenancy (735 ILCS 5/9-207). A rent increase issued in response to a code complaint or legal action could be challenged as retaliation under 765 ILCS 720/1.
How long does my landlord have to return my security deposit in Summit?
Under the Illinois Security Deposit Return Act (765 ILCS 710), landlords who own five or more units must return your deposit within 30 days of you vacating, or within 45 days if they are claiming damage deductions with an itemized statement. If they fail to meet this deadline, you may be entitled to recover twice the full deposit amount plus attorney's fees.
What notice does my landlord need before evicting me in Summit?
The required notice depends on the reason for eviction. For non-payment of rent, a landlord must give a 5-day written notice to pay or vacate (735 ILCS 5/9-209). For lease violations, a 10-day notice to cure is required. For a no-fault termination of a month-to-month tenancy, at least 30 days written notice is required (735 ILCS 5/9-207). After 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 Summit?
No. Self-help eviction is illegal in Illinois. A landlord cannot change your locks, remove your belongings, or deliberately shut off utilities to force you out (735 ILCS 5/9-101 et seq.). Only the Cook County Sheriff can physically remove a tenant, and only after a court has issued an order of possession. If your landlord attempts a lockout, contact law enforcement and a legal aid organization immediately.
What can I do if my landlord refuses to make repairs in Summit?
Illinois common law requires landlords to maintain rental units in habitable condition. If your landlord refuses to make necessary repairs, you can file a complaint with the Cook County Building and Zoning Department. Depending on your situation, Illinois law may also allow you to withhold rent, repair the problem and deduct the cost from rent, or terminate the lease — but these remedies carry legal risks and you should consult Illinois Legal Aid Online (illinoislegalaid.org) or a legal aid attorney before acting. Document all repair requests in writing.

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