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Winfield is a village in DuPage County, Illinois, with a population of approximately 9,000 residents. Like many DuPage County communities, Winfield has a mix of single-family rentals, townhomes, and apartment units. Renters in Winfield rely primarily on Illinois state law for their tenant protections, as the village has not enacted any local landlord-tenant ordinances beyond what state law requires.
The most common concerns Winfield tenants search for include security deposit return timelines, what notice a landlord must give before eviction, and what to do if a landlord fails to make repairs. Illinois law addresses all of these through the Security Deposit Return Act (765 ILCS 710), the Security Deposit Interest Act (765 ILCS 710/0.01 et seq.), anti-retaliation statutes (765 ILCS 720/1), and the Illinois eviction statute (735 ILCS 5/9-201 et seq.).
This page provides an overview of the tenant rights laws that apply to Winfield renters. It is intended for informational purposes only and does not constitute legal advice. Renters with specific legal questions should contact a licensed Illinois attorney or a local legal aid organization.
Winfield has no rent control, and Illinois state law expressly prohibits any municipality from enacting rent control. Under 765 ILCS 720/1, the Rent Control Preemption Act, no unit of local government in Illinois — including villages, cities, or counties — may enact, maintain, or enforce any ordinance or resolution that would regulate the amount of rent charged for leasing private residential or commercial property. This statewide preemption has been in effect since 1997.
In practical terms, this means a landlord in Winfield may raise rent by any amount at the end of a lease term or, for month-to-month tenants, with proper written notice. There is no cap on rent increases, no requirement that increases be justified by costs, and no rent registry. Tenants whose leases are expiring have no legal right to limit a rent increase — their primary protection is the ability to move or to negotiate with the landlord.
Because Illinois prohibits local rent control statewide, Winfield renters should focus on understanding their security deposit rights, habitability protections, and eviction procedural rights, which are where Illinois law does provide meaningful tenant protections.
Illinois law provides several important protections for all renters in Winfield, regardless of whether a local ordinance exists.
Habitability (Illinois Common Law & Implied Warranty of Habitability): Illinois courts recognize an implied warranty of habitability in residential leases, requiring landlords to maintain rental units in a condition fit for human habitation. This includes functioning heat, plumbing, and structural integrity. If a landlord fails to remedy serious defects after notice, tenants may have remedies including rent withholding or repair-and-deduct in limited circumstances. Tenants should document all repair requests in writing.
Security Deposits (765 ILCS 710 & 765 ILCS 710/0.01): The Illinois Security Deposit Return Act (765 ILCS 710) requires landlords who own five or more units to return the security deposit — along with an itemized statement of deductions — within 30 days after the tenant vacates. The Illinois Security Deposit Interest Act (765 ILCS 710/0.01) requires landlords with 25 or more units to pay interest on deposits held for more than six months. See the Security Deposit section below for full details.
Notice to Terminate (735 ILCS 5/9-207): For month-to-month tenancies, Illinois law requires at least 30 days written notice from either the landlord or tenant before terminating the tenancy. For tenancies of one week or less, seven days notice is required. This notice must be written and delivered to the other party.
Anti-Retaliation (765 ILCS 720/1): Illinois law prohibits landlords from retaliating against tenants for complaining to a government agency about housing code violations, organizing a tenants union, or exercising any right afforded by law. Retaliation may include eviction, rent increases, or reduction of services. A tenant who suffers retaliation may assert it as a defense in an eviction proceeding or pursue a separate claim.
Lockout and Utility Shutoff Prohibition: Illinois law prohibits self-help eviction. A landlord may not lock out a tenant, remove doors or windows, or shut off utilities to force a tenant to leave without first obtaining a court order. Such actions expose the landlord to civil liability. The proper remedy for a landlord seeking to remove a tenant is to file an eviction action in court under 735 ILCS 5/9-201 et seq.
Coverage: The Illinois Security Deposit Return Act (765 ILCS 710) applies to landlords who own five or more residential units. For tenants renting from landlords with fewer than five units, the statutory framework does not apply in the same way, though landlords are still generally expected to return deposits after accounting for legitimate deductions.
No Statutory Cap: Illinois state law does not cap the amount a landlord may charge as a security deposit for units outside of Chicago. Winfield landlords may charge any amount, though market norms typically range from one to two months' rent.
Return Deadline: Under 765 ILCS 710/1, a landlord covered by the Act must return the security deposit — less any itemized deductions for unpaid rent or actual damages beyond normal wear and tear — within 30 days after the tenant vacates the unit. If the landlord intends to make deductions, they must provide a written, itemized statement of the deductions along with any remaining deposit within that 30-day period.
Penalty for Wrongful Withholding: If a landlord covered by 765 ILCS 710 fails to return the deposit or provide an itemized statement within the required 30 days, the tenant may be entitled to recover the entire deposit plus damages. Courts have interpreted willful retention of a deposit as potentially entitling the tenant to additional remedies. Tenants should send a written demand letter and keep copies of all correspondence.
Interest on Deposits (765 ILCS 710/0.01): Landlords who own 25 or more units must pay interest on security deposits held for more than six months. The interest rate is set annually by the Illinois Department of Financial and Professional Regulation. Winfield tenants renting in larger complexes should ask their landlord about interest payments on their deposit.
Practical Tips: Take dated photographs of the unit at move-in and move-out, obtain a move-in checklist signed by both parties, and send any deposit demand via certified mail so you have a record of delivery.
Evictions in Winfield follow the Illinois Eviction Act (735 ILCS 5/9-201 et seq.). A landlord must follow a specific legal process to remove a tenant — there are no shortcuts, and self-help eviction is prohibited.
Step 1 — Written Notice: Before filing in court, the landlord must serve the tenant with a written notice. The type and length 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 DuPage County Circuit Court (18th Judicial Circuit). The tenant will be served with a summons and given an opportunity to appear and contest the eviction.
Step 3 — Court Hearing: Both parties present their case before a judge. Tenants may raise defenses such as improper notice, retaliation (765 ILCS 720/1), or the landlord's failure to maintain habitable conditions. If the court rules for the landlord, it issues an order for possession.
Step 4 — Enforcement: Only a court-issued order enforced by the DuPage County Sheriff may physically remove a tenant. A landlord who locks out a tenant, removes their belongings, or shuts off utilities without a court order is engaging in illegal self-help eviction and may be liable for damages.
No Just Cause Requirement: Winfield has no just cause eviction ordinance. A landlord may decline to renew a lease at the end of its term for any lawful reason, provided proper notice is given. However, a landlord may not evict in retaliation for a tenant exercising legal rights under 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 can change, and local circumstances vary. Winfield renters with specific legal questions or disputes should consult a licensed Illinois attorney or contact a qualified legal aid organization. RentCheckMe makes every effort to keep this content current as of the last updated date shown, but we cannot guarantee that all information reflects the most recent changes in the law.
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