McHenry is a city in McHenry County, situated along the Fox River about 50 miles northwest of Chicago. Illinois state law (50 ILCS 825/5) prohibits local rent control throughout the state, so McHenry cannot cap rents. Chicago's RLTO applies only within Chicago city limits and does not extend to McHenry. Illinois's Security Deposit Return Act and common law habitability standards are the primary legal protections for renters in this city.
McHenry has no rent control. Illinois law (50 ILCS 825/5) preempts local governments from enacting rent stabilization ordinances. McHenry County has no rent control measures either. Landlords in McHenry may set and raise rents freely at lease renewal. Month-to-month tenants should be aware that they are entitled to at least 30 days' written notice before a rent increase or lease termination.
Illinois common law imposes a duty on landlords to maintain rental premises in a habitable condition — working heat, plumbing, structural soundness, and a pest-free environment. If your landlord fails to make essential repairs, document the request in writing and contact McHenry County code enforcement if the problem is serious. Illinois prohibits self-help eviction: a landlord cannot lock you out or remove your belongings without a court judgment. The state also prohibits landlord retaliation against tenants who report code violations or assert legal rights under 765 ILCS 720/1. These protections apply throughout McHenry regardless of building size.
2025-2026 Illinois law updates: Effective January 1, 2026, the Safer Homes Act (Public Act 103-1031) requires landlords to attach the Illinois Department of Human Rights' Summary of Rights to every residential lease; House Bill 3566 (Public Act 104-0317) prohibits landlords from naming minors as defendants in an eviction action, and a violation requires dismissal of the case and allows a $1,000 penalty plus actual damages and attorney's fees; and Senate Bill 1563 allows owners to have police remove certain unauthorized occupants or squatters under the criminal trespass statute without filing a full eviction case. Separately, the Landlord Retaliation Act took effect January 1, 2025, creating a one-year presumption that adverse landlord action taken after a tenant's protected activity is retaliatory.
The Illinois Security Deposit Return Act (765 ILCS 710) requires landlords to return security deposits within 30 days of the end of the tenancy with an itemized statement of deductions. For buildings with 25 or more units, landlords must pay annual interest on deposits held more than six months. If your landlord wrongfully withholds your deposit, you may sue for twice the amount withheld plus attorney's fees. Document the condition of your unit at move-in and move-out with dated photographs and provide your forwarding address in writing when you vacate.
Evicting a McHenry tenant requires following Illinois statutory notice procedures and obtaining a judgment from the McHenry County Circuit Court. Month-to-month tenants must receive at least 30 days' written notice before termination. For nonpayment of rent, landlords serve a 5-day notice to pay or vacate. For lease violations, a 10-day notice to cure applies. Self-help eviction — changing locks, removing belongings, or cutting off utilities — is illegal. You have the right to respond to any eviction filing and present your case in court.
This article is for informational purposes only and does not constitute legal advice. Laws change — verify current statutes and consult a licensed Illinois attorney for advice specific to your situation.
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