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Westmont is a village in DuPage County, Illinois, with a population of roughly 25,000 residents. A meaningful share of Westmont households are renters, and like all Illinois tenants outside Chicago, they rely primarily on state law for their protections. The most common questions Westmont renters have involve security deposit returns, landlord repair obligations, and what happens when a landlord tries to end a tenancy.
Illinois does not have rent control anywhere in the state — a 1997 preemption law bars every municipality, including Westmont, from enacting rent stabilization ordinances. That means landlords in Westmont may raise rent by any amount upon proper notice at the end of a lease term. However, state law does impose meaningful obligations on landlords regarding habitability, security deposits, and the eviction process.
This article explains your rights as a renter in Westmont under Illinois state law. It is intended as general information only and does not constitute legal advice. Laws can change, and your specific situation may differ — consult a licensed Illinois attorney or a local legal aid organization for guidance on your individual case.
Westmont has no rent control, and no Illinois municipality outside a narrow pre-1997 exception may enact it. The Rent Control Preemption Act, codified at 765 ILCS 720, was enacted in 1997 and explicitly prohibits any Illinois county, municipality, or other unit of local government from enacting, maintaining, or enforcing any ordinance or resolution that would regulate the amount of rent charged for leasing private residential property.
In practice, this means your landlord in Westmont can raise your rent by any dollar amount — there is no cap, no required percentage limit, and no city board to approve increases. The only constraint is timing: your landlord must give you proper written notice before a rent increase takes effect. For a month-to-month tenant, that is at least 30 days' notice before the next rent due date. For a fixed-term lease, the increase cannot take effect until the lease expires and you renew or sign a new agreement.
Renters who feel a rent increase is retaliatory — for example, following a complaint to a housing code inspector — may have a separate claim under Illinois anti-retaliation law (765 ILCS 720/1), but that law does not cap rent generally. It only prohibits rent increases used as punishment for exercising a legal right.
Although Westmont has no local tenant ordinance, several Illinois state statutes provide important baseline protections for renters throughout DuPage County.
Implied Warranty of Habitability: Illinois common law, confirmed by the Illinois Supreme Court in Jack Spring, Inc. v. Little (1972), requires landlords to maintain rental units in a habitable condition throughout the tenancy. This means working heat, plumbing, electricity, and structural soundness. If a landlord fails to make necessary repairs after reasonable notice, a tenant may have remedies including rent withholding or repair-and-deduct, though these remedies carry legal risk and should be pursued carefully.
Security Deposit Protections: The Illinois Security Deposit Return Act (765 ILCS 710) and the Illinois Security Deposit Interest Act (765 ILCS 710/0.01 et seq.) govern how landlords must handle deposits statewide. Landlords who own 25 or more units must pay interest on deposits held longer than six months. All landlords must return the deposit — with an itemized written statement of any deductions — within 30 days of the tenant vacating the unit.
Anti-Retaliation: Under 765 ILCS 720/1, a landlord may not retaliate against a tenant for complaining to a governmental authority about code violations, organizing with other tenants, or exercising any right protected by law. Prohibited retaliatory acts include raising rent, decreasing services, or attempting eviction within a suspicious timeframe after the tenant's protected activity.
Lockout and Utility Shutoff Prohibition: Illinois law forbids landlords from engaging in self-help eviction. A landlord cannot change locks, remove doors or windows, or shut off utilities (gas, water, electricity) as a means of forcing a tenant out. The proper remedy is always a court-ordered eviction. Tenants who are illegally locked out may seek emergency relief in court.
Notice Requirements: 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. These requirements derive from the Illinois Landlord and Tenant Act (735 ILCS 5/9-207).
Westmont landlords must follow the Illinois Security Deposit Return Act (765 ILCS 710) when collecting and returning security deposits. Here is what that means in practice:
Deposit Cap: Illinois state law does not cap the amount a landlord can charge for a security deposit. Your landlord may require one month's rent, two months' rent, or any other amount — there is no statutory limit in Westmont or anywhere else in Illinois outside Chicago.
Return Deadline: The landlord must return your security deposit — or the portion not withheld for legitimate deductions — within 30 days after you vacate the unit and return the keys. If the landlord intends to make deductions for damages beyond normal wear and tear, they must provide you with an itemized written statement of those deductions within 30 days as well.
Itemization Requirement: The itemized statement must list each claimed damage and its cost. If the landlord uses a contractor, they must provide paid receipts or a written estimate within 30 days, followed by paid receipts within another 30 days of the original deadline (765 ILCS 710/1).
Penalty for Wrongful Withholding: If a landlord fails to return the deposit or provide a proper itemized statement within the required timeframe without a lawful reason, the tenant is entitled to recover the entire deposit amount plus damages. Courts have awarded the full deposit plus court costs in such cases. Tenants should document the condition of the unit at move-out with dated photographs and written correspondence.
Interest on Deposits: Under 765 ILCS 710/0.01, landlords who own 25 or more rental units and hold a deposit for more than six months must pay interest at a rate set annually by the Illinois Department of Financial and Professional Regulation.
In Westmont, a landlord must follow Illinois law to lawfully remove a tenant. Self-help eviction — changing locks, removing belongings, or shutting off utilities — is illegal at every stage, even if the tenant has not paid rent. The only lawful path is through the DuPage County court system.
Step 1 — Written Notice: Before filing in court, the landlord must serve the tenant with 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 (formerly called Forcible Entry and Detainer) complaint in the DuPage County Circuit Court. The tenant will be served with a summons and given a hearing date.
Step 3 — Court Hearing: At the hearing, both parties may present evidence. If the court rules in the landlord's favor, it issues an order of possession. The tenant typically has a brief period after the judgment — often a few days — to vacate voluntarily before a bailiff enforces the order.
Step 4 — Enforcement: Only a court-appointed officer (a sheriff's deputy or bailiff) may physically remove a tenant and their belongings after a court order is issued. A landlord who attempts to remove a tenant without this process can be sued for damages.
No Just Cause Requirement: Illinois has no statewide just cause eviction law applicable to Westmont. A landlord can choose not to renew a fixed-term lease for any non-discriminatory, non-retaliatory reason, provided proper notice is given. Federal fair housing laws (42 U.S.C. § 3604) and Illinois Human Rights Act (775 ILCS 5/3-102) prohibit eviction or non-renewal based on race, religion, national origin, sex, disability, familial status, or other protected characteristics.
This article is provided for general informational purposes only and does not constitute legal advice. The information on this page reflects our understanding of Illinois state law and Westmont local regulations as of April 2026, but laws and ordinances can change at any time. Every renter's situation is different, and the information here may not apply to your specific circumstances. For advice about your individual case, please consult a licensed Illinois attorney or contact a qualified legal aid organization such as Prairie State Legal Services or Illinois Legal Aid Online. RentCheckMe is not a law firm and no attorney-client relationship is created by your use of this site.
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