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Westchester is a village of roughly 17,000 residents located in Cook County, just west of Chicago. Like many inner-ring suburbs, Westchester has a significant renter population that relies on Illinois state law for landlord-tenant protections. Tenants here most commonly search for information about security deposit returns, rent increase limits, and the eviction process.
Illinois does not have rent control anywhere in the state, and Westchester has not enacted any local landlord-tenant ordinances that go beyond state law. Renters in Westchester are protected primarily by the Illinois Security Deposit Return Act (765 ILCS 710), the Illinois Security Deposit Interest Act (765 ILCS 710/0.01 et seq.), the Landlord and Tenant Act (765 ILCS 720), and established Illinois common law habitability standards. Because Westchester is in Cook County but is not the City of Chicago, the Chicago Residential Landlord and Tenant Ordinance (Chicago Muni. Code § 5-12) does not apply here.
This article is intended as general legal information only and does not constitute legal advice. Laws change, and individual circumstances vary. Renters with specific legal questions should consult a licensed Illinois attorney or a qualified legal aid organization.
Westchester has no rent control, and landlords may raise rents by any amount at lease renewal or with proper notice on a month-to-month tenancy. This is not simply a local policy choice — Illinois state law explicitly preempts all local rent control ordinances throughout the state under 765 ILCS 720/1, which provides that no unit of local government may enact, maintain, or enforce any ordinance or resolution that would regulate the amount of rent charged for private residential or commercial property.
In practice, this means no municipality in Illinois — including Westchester, Cook County, or any suburb — can legally cap rents, require advance notice of rent increases beyond what the lease or general notice law requires, or limit how frequently a landlord raises rent. When your current lease term ends, your landlord may offer a new lease at any rental amount. For month-to-month tenants, landlords must give at least 30 days' written notice before a rent increase takes effect, consistent with the notice required to terminate or modify a month-to-month tenancy under Illinois common law.
Renters should be aware that the best protection against sudden rent increases is a fixed-term lease, which locks in the rent for the duration of the lease term. Once the term expires, the landlord is free to propose any new rent.
Illinois state law provides several important protections for renters in Westchester across key areas of the landlord-tenant relationship.
Security Deposits (765 ILCS 710/1 — Security Deposit Return Act): Illinois 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 of the deposit, a written itemized statement of damages must accompany or precede the return. Failure to comply entitles the tenant to recover the full deposit plus damages. See also the Security Deposit Interest Act (765 ILCS 710/0.01) for properties with 25 or more units, which requires landlords to pay annual interest on deposits held longer than six months.
Habitability: Under long-established Illinois common law (see Jack Spring, Inc. v. Little, 50 Ill. 2d 351 (1972)), landlords are required to maintain residential rental units in a habitable condition throughout the tenancy. This includes functioning heat, plumbing, structural safety, and freedom from pest infestations. Tenants may have remedies including rent withholding or repair-and-deduct in certain circumstances, though these remedies carry legal risk and should be pursued carefully or with legal guidance.
Notice to Terminate (Illinois Compiled Statutes, common law): For month-to-month tenancies, either party must provide at least 30 days' written notice before the next rent due date to terminate the tenancy. Fixed-term leases expire on their own terms unless renewed. Landlords who fail to give proper notice cannot legally remove a tenant.
Anti-Retaliation (765 ILCS 720/1): Illinois law prohibits landlords from retaliating against tenants who report code violations to government authorities, complain about habitability conditions, or exercise any legal right. Retaliation can include eviction, rent increases, or reduction of services. If a landlord retaliates, the tenant may raise retaliation as a defense in an eviction proceeding and may be entitled to damages.
Lockout Prohibition: Illinois law prohibits self-help evictions. A landlord cannot remove a tenant by changing locks, removing doors or windows, shutting off utilities, or removing the tenant's personal property. These actions are illegal regardless of whether rent is owed. A landlord must obtain a court order and use the Cook County Sheriff to lawfully remove a tenant.
Westchester renters are protected by the Illinois Security Deposit Return Act (765 ILCS 710/1) and the Illinois Security Deposit Interest Act (765 ILCS 710/0.01 et seq.). Here is what you need to know:
Deposit Cap: Illinois state law does not cap the amount a landlord may charge for a security deposit. Landlords in Westchester may charge any amount agreed to in the lease.
Return Deadline: The landlord must return your security deposit — or any remaining balance after lawful deductions — within 30 days after you vacate the rental unit (765 ILCS 710/1). If the landlord intends to make deductions, they must provide you with an itemized written statement of damages (and copies of paid receipts or repair invoices if the deduction exceeds $100) within that same 30-day window, or within 30 days if no deductions are taken.
Penalty for Wrongful Withholding: If your landlord fails to return your deposit or provide the required itemized statement within 30 days, you are entitled to recover the full amount of the security deposit, regardless of any claimed damages (765 ILCS 710/1). Courts may also award attorney's fees in some circumstances.
Interest on Deposits: For residential buildings with 25 or more units, landlords must pay annual interest on security deposits held for more than six months, at a rate set by the Illinois Governor's Office each year (765 ILCS 710/0.01). For smaller buildings, no interest is required under state law.
Practical Tip: Document the condition of your unit at move-in and move-out with dated photographs and written notes. Keep a copy of your lease and any written communications with your landlord regarding the deposit.
In Westchester, a landlord must follow a strict legal process to evict a tenant. Illinois law prohibits self-help evictions — any attempt to remove a tenant without a court order is unlawful.
Step 1 — Written Notice: Before filing an eviction lawsuit, the landlord must serve the tenant with proper written notice. The type of 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 action (formerly called forcible entry and detainer) in Cook County Circuit Court. The tenant will be served with a summons and a hearing date.
Step 3 — Court Hearing: Both parties appear in court. The tenant has the right to present defenses, such as the landlord's failure to maintain habitable conditions, improper notice, or retaliation. If the court rules in the landlord's favor, it issues an order for possession (735 ILCS 5/9-101 et seq.).
Step 4 — Enforcement by the Sheriff: Only a Cook County Sheriff's deputy may physically remove the tenant after a court order. The landlord cannot change the locks, remove belongings, or shut off utilities to force the tenant out — doing so is an illegal self-help eviction and can expose the landlord to civil liability.
Just Cause: Illinois does not require landlords to have just cause to terminate a fixed-term lease at expiration or to end a month-to-month tenancy with proper notice. However, landlords cannot evict in retaliation for a tenant exercising legal rights (765 ILCS 720/1).
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws are complex, and individual circumstances vary significantly. Illinois statutes and local regulations may change after the date this page was last updated (April 2026). Renters in Westchester with specific legal questions or problems should consult a licensed Illinois attorney or contact a qualified legal aid organization such as Illinois Legal Aid Online, the Lawyers Committee for Better Housing, or Prairie State Legal Services. RentCheckMe makes no warranty as to the accuracy or completeness of the information provided and is not responsible for actions taken in reliance on this content.
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