DuPage County landlord-tenant laws come almost entirely from Illinois state statutes. The county has no standalone landlord-tenant ordinance, so unlike Chicago or Evanston, DuPage County rentals are governed by the Illinois statutes on security deposits, habitability, retaliation, notice, and eviction. The county code covers zoning, building permits, and sheriff’s fees, but if you are looking for a rental code with the county’s name on it, there isn’t one.
That makes the state statutes the whole playing field for both sides of a lease in Wheaton, Naperville, Downers Grove, and everywhere else in the county.
Which Illinois Statutes Actually Control Your Rental
A handful of acts do most of the work:
- The Illinois Landlord and Tenant Act (765 ILCS 705), which is narrower than its name and deals mostly with holdover tenants and felonies on leased property.
- The Security Deposit Return Act (765 ILCS 710).
- The Security Deposit Interest Act (765 ILCS 715).
- The Residential Tenants’ Right to Repair Act (765 ILCS 742).
- The Landlord Retaliation Act (765 ILCS 721).
- The eviction procedures in Article IX of the Code of Civil Procedure (735 ILCS 5).
Illinois also preempts rent control. Under the Rent Control Preemption Act, no city, village, or county in Illinois can cap what a private landlord charges.1Illinois General Assembly. 50 ILCS 825 – Rent Control Preemption Act A DuPage County landlord can raise rent by any amount the lease allows, provided the increase is not retaliatory or discriminatory.
Fair housing adds another layer. The Illinois Human Rights Act prohibits housing discrimination based on race, sex, age, color, sexual orientation, national origin, disability, familial status, source of income, military status, and other protected categories, and tenants can file a charge with the Illinois Department of Human Rights.2Illinois Department of Human Rights. Fair Housing
Security Deposits
The Security Deposit Return Act applies to every residential landlord in Illinois, no matter how many units the property contains. A landlord who wants to keep any portion of the deposit for damage must send the tenant an itemized statement of the damage with the estimated or actual repair costs and paid receipts within 30 days of the tenant moving out or losing the right to possession, whichever is later. Miss that deadline and the full deposit has to be returned within 45 days of the tenant vacating.3Illinois General Assembly. 765 ILCS 710 – Security Deposit Return Act
A common piece of bad advice says the rule only applies to buildings with five or more units. That threshold comes from Chicago’s local ordinance and has no force in DuPage County. Here, the first unit counts.
The Security Deposit Interest Act is the one with a size trigger. Landlords who own 25 or more units in a single building or contiguous complex must pay interest on deposits held longer than six months. The rate is tied to the minimum passbook savings rate at the largest commercial bank in Illinois as of December 31 of the year before the lease began.4Illinois General Assembly. 765 ILCS 715 – Security Deposit Interest Act Accumulated interest of $5 or more must be paid within 30 days after each 12-month rental period, in cash or as a rent credit. The current rate is published each year by the Illinois Department of Financial and Professional Regulation.5Illinois Department of Financial and Professional Regulation. Interest Rates Affecting the Security Deposit Interest Act
Habitability and Repairs
Illinois courts recognize an implied warranty of habitability in every residential lease. The unit has to be fit for human occupation throughout the lease term, and a landlord cannot waive the obligation even if the lease tries to. Working plumbing, adequate heat, structural integrity, and functioning electrical systems all sit inside that baseline. In unincorporated DuPage County, the county building code incorporates the International Property Maintenance Code and sets specific minimum standards.6DuPage County, IL. Building Code
When a landlord ignores a needed repair, Illinois gives tenants a self-help remedy. Under the Residential Tenants’ Right to Repair Act, if the repair is required by the lease, a statute, or a local code, and the cost is no more than the lesser of $500 or half of one month’s rent, the tenant can send written notice by certified mail describing the problem. If the landlord does not fix it within 14 days, or sooner for an emergency threatening health, safety, or the property, the tenant can hire a licensed tradesperson, pay for the work, and deduct the cost from the next rent payment.7Illinois General Assembly. 765 ILCS 742 – Residential Tenants Right to Repair Act The tenant has to submit a paid bill to the landlord and cannot use the remedy for problems the tenant caused.
Illinois has no mold-specific rental statute. Significant mold growth that a landlord refuses to address generally falls under the implied warranty and local building codes, and the repair-and-deduct remedy can apply when the cost fits inside the statutory cap.
Required Disclosures
The Radon Awareness Act requires disclosure of radon hazards for dwelling units below the third story. Landlords must give prospective tenants the Illinois Emergency Management Agency pamphlet “Radon Guide for Tenants,” copies of any radon test results showing a hazard, and a completed Disclosure of Information on Radon Hazards form.8Illinois General Assembly. 420 ILCS 46 – Radon Awareness Act The disclosure must happen at application, before the lease is signed, or on request during the tenancy.9Illinois Emergency Management Agency and Office of Homeland Security. Lessors and Tenants
Federal law adds a lead-based paint disclosure for any residential property built before 1978. Landlords must tell tenants about known lead hazards and provide the EPA pamphlet on lead paint risks before the lease is signed.10U.S. Environmental Protection Agency. Lead-Based Paint Disclosure Rule (Section 1018 of Title X)
When a rental shares a utility meter with common areas or other apartments, the landlord must give tenants, in writing, the formula used to divide utility costs. The total billed to tenants for any period cannot exceed the actual bill for the building, and the landlord must make the utility bill available on request.11FindLaw. Illinois Code 765 ILCS 740/5
Landlord Entry
Illinois has no statewide statute setting a notice period for landlord entry. In DuPage County, the lease controls. If the lease is silent, general Illinois practice treats 24 hours as reasonable notice for non-emergency entries like inspections or repairs, and a true emergency (burst pipe, fire, suspected gas leak) permits entry without notice. Tenants are better off negotiating a written entry clause than relying on custom.
Notice to End a Tenancy
Three main notice tracks cover almost every situation:
- Nonpayment of rent: a written demand giving the tenant at least 5 days to pay. If the tenant does not pay within that window, the landlord can file for eviction without further notice.12Illinois General Assembly. 735 ILCS 5/9-209 – Demand for Rent, Eviction Action
- Other lease violations: a written 10-day notice to quit describing the breach. No cure period is required; the notice simply terminates the lease.13Illinois General Assembly. 735 ILCS 5/9-210 – Default, Notice, Termination
- Month-to-month tenancy: 30 days’ written notice from either side. A week-to-week tenancy requires 7 days.14Illinois General Assembly. 735 ILCS 5/9-207 – Tenancy, Termination
Service matters as much as the notice itself. The notice can be delivered to the tenant personally, left with someone at least 13 years old residing at or in possession of the premises, or sent by certified or registered mail with return receipt. If no one is there, it can be posted on the property.15Illinois General Assembly. 735 ILCS 5/9-211 – Service of Demand or Notice Eviction cases filed without proof of proper service get dismissed.
Retaliation Is Illegal
The Landlord Retaliation Act bars a landlord from terminating a tenancy, raising rent, cutting services, refusing to renew, or threatening eviction because a tenant complained about code violations, contacted a tenants’ organization, requested repairs, or testified about the property’s condition.16Illinois General Assembly. 765 ILCS 721 – Landlord Retaliation Act
The statute carries a strong procedural edge for tenants. If the tenant engaged in a protected activity within one year before the landlord’s action, the law presumes retaliation, and the landlord has to prove a legitimate, non-retaliatory reason.17Illinois General Assembly. 765 ILCS 721/20 – Rebuttable Presumption
Breaking a Lease Early
Domestic Violence and Sexual Assault Survivors
The Illinois Safe Homes Act (765 ILCS 750) lets a tenant facing a credible, imminent threat of domestic or sexual violence at the rental end the lease by giving written notice to the landlord within 3 days before or after leaving. The tenant’s own statement is enough for this category. A tenant who was the victim of sexual violence on the property within the past 60 days can also terminate with 3 days’ notice but must provide supporting evidence from a medical provider, court, police report, or victim service provider. Landlords have to keep the tenant’s status and circumstances confidential, and violating that confidentiality exposes the landlord to actual damages up to $2,000 plus attorney’s fees.
Active-Duty Military
The federal Servicemembers Civil Relief Act lets active-duty personnel end a residential lease early when they enter military service, receive permanent change-of-station orders, or deploy for 90 days or more.18Office of the Law Revision Counsel. 50 USC 3955 – Termination of Residential or Motor Vehicle Leases The tenant delivers written notice with a copy of the orders. For monthly leases, termination takes effect 30 days after the next rent due date following that notice. Early termination fees are prohibited, prepaid rent for any period after termination must be refunded within 30 days, and the tenant stays responsible for damage beyond normal wear and tear.
Assistance Animals
The federal Fair Housing Act requires DuPage County landlords to allow assistance animals as a reasonable accommodation for tenants with disabilities, even where a no-pets policy applies. Both trained service animals and emotional support animals that meet a disability-related need are covered. A landlord can deny the request only in narrow situations: no disability exists, no disability-related need exists, or the specific animal poses a documented direct threat to others’ safety. Pet deposits and pet fees cannot be charged for assistance animals.
How Eviction Works in DuPage County
If the notice period expires and the tenant has not cured or vacated, the landlord files a forcible entry and detainer case at the Eighteenth Judicial Circuit Court in Wheaton.19Office of the Illinois Courts. 18th Judicial Circuit Court The summons and complaint go in through the circuit clerk’s e-filing system. Filing fees scale with the amount of back rent claimed, and the DuPage County Sheriff’s Office charges $40 per defendant to serve the summons.20DuPage County, IL. DuPage County Code of Ordinances – Sheriffs Fees
The court sets a return date for both sides. Tenants who skip the hearing risk a default judgment for possession. If the landlord wins, the court issues an order for possession, and only the sheriff can carry out the physical eviction. A landlord who changes the locks, shuts off utilities, or removes a tenant’s belongings without a court order is breaking the law.
Defenses tenants can raise include improper notice, retaliation, failure to maintain habitable conditions, and discrimination. Legal aid organizations serving DuPage County can help tenants who cannot afford an attorney work through the process.