DuPage County landlord-tenant laws come from Illinois state statutes, not from any county ordinance. DuPage County has no standalone landlord-tenant code, so every residential rental in Wheaton, Naperville, Downers Grove, and the county’s unincorporated areas is governed by the same set of state laws, plus federal fair housing rules. Knowing which statute controls which issue is the whole game.
Which Illinois Laws Apply
Several state statutes together define landlord and tenant rights in DuPage County. The most practical ones are 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), and the eviction procedures in Article IX of the Code of Civil Procedure (735 ILCS 5). The older Illinois Landlord and Tenant Act (765 ILCS 705) is narrower than its name suggests and mostly addresses holdover tenants and felonies on leased property.
Illinois also blocks local rent control. Under the Rent Control Preemption Act, no city, village, or county in the state can cap what a private landlord charges.1Illinois General Assembly. 50 ILCS 825 – Rent Control Preemption Act Your DuPage County landlord can raise the rent by any amount the lease allows, as long as the increase is not retaliatory or discriminatory.
Fair housing runs on top of all of it. 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.2Illinois Department of Human Rights. Fair Housing Tenants who believe they have been discriminated against can file a charge with the Illinois Department of Human Rights.
Security Deposits
The Security Deposit Return Act applies to every residential landlord in Illinois, no matter how many units. If your landlord wants to keep any part of your deposit for damage, they must send you an itemized statement of the alleged damage and repair costs, along with paid receipts, within 30 days of the date you moved out or the date your right to possession ended, whichever is later. If that itemized statement and the receipts don’t arrive on time, the full deposit must be returned within 45 days of the day you vacated.3Illinois General Assembly. 765 ILCS 710 – Security Deposit Return Act
A common misconception is that these rules only apply to buildings with five or more units. That threshold comes from Chicago’s local ordinance, which does not reach DuPage County. Here, every residential landlord is bound from the first unit.
Interest is different. The Security Deposit Interest Act only reaches landlords who own 25 or more units in a single building or a contiguous complex, and only for deposits held longer than six months.4Illinois General Assembly. 765 ILCS 715 – Security Deposit Interest Act The rate is pegged to the minimum passbook savings rate at the largest commercial bank in Illinois. For leases beginning in 2026, that rate is 0.005%, with an annual percentage yield of 0.01%.5Illinois Department of Financial and Professional Regulation. Interest Rates Affecting the Security Deposit Interest Act Accumulated interest of $5 or more must be paid within 30 days of each 12-month rental period, either in cash or as a rent credit.
Habitability and Repairs
Illinois courts recognize an implied warranty of habitability in every residential lease. Rental units must be fit for human occupation for the whole term, and a landlord cannot waive that duty even with lease language trying to do so. Functional plumbing, adequate heat, structural integrity, and working electrical systems all sit inside that baseline. In DuPage County’s unincorporated areas, the county building code incorporates the International Property Maintenance Code and sets specific minimum property standards.6DuPage County, IL. Building Code
When a landlord ignores a needed repair, the Residential Tenants’ Right to Repair Act offers a self-help option. If the repair is required by the lease, a statute, or a local code, and the cost will not exceed the lesser of $500 or half of one month’s rent, you can send written notice by certified mail describing the problem. If the landlord fails to fix it within 14 days, or sooner in a genuine emergency threatening health, safety, or the property, you can hire a licensed tradesperson, pay for the work, and deduct the cost from your next rent payment.7Illinois General Assembly. 765 ILCS 742 – Residential Tenants Right to Repair Act You have to submit a paid bill to the landlord afterward, and the remedy is off the table if you caused the problem.
Illinois has no mold-specific statute for rentals, so serious mold problems fall under the warranty of habitability and the applicable building code.
Required Disclosures
Illinois landlords must hand over specific information before or at the time of leasing. The Radon Awareness Act requires radon disclosures 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 Disclosure has to happen at application, before the lease is signed, or on request during the lease term.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 paint 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)
Where a rental unit shares a utility meter with common areas or other apartments, Illinois law requires the landlord to provide, in writing, the formula for dividing utility costs. The total billed to all tenants for a billing period cannot exceed the actual utility bill for the building, and the landlord must make the utility bill available to any tenant who asks.11FindLaw. Illinois Code 765 ILCS 740/5
When a Landlord Can Enter
Illinois has no statewide statute setting notice periods for landlord entry. In DuPage County, the lease controls. If the lease says nothing, general Illinois practice treats 24 hours as reasonable notice for non-emergency entries like inspections or repairs, and a landlord can enter without advance notice in a genuine emergency such as a burst pipe or suspected gas leak. If you are negotiating a lease, ask for a specific entry-notice clause in writing rather than relying on custom.
Notice Required to End a Tenancy
The notice a landlord or tenant must give before ending a tenancy depends on why the lease is ending. Illinois provides three main tracks.
- Nonpayment of rent — 5-day notice. A landlord can demand payment in writing and warn that unless rent is paid within at least 5 days, the lease will be terminated. If the tenant does not pay within the 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 — 10-day notice. For a breach of any lease term other than rent, the landlord can serve a written 10-day notice to quit describing the violation. 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-day notice. Either side can end a month-to-month arrangement with 30 days’ written notice. A week-to-week tenancy needs only 7 days.14Illinois General Assembly. 735 ILCS 5/9-207 – Tenancy, Termination
These notices can be served by personal delivery, by leaving a copy with someone at least 13 years old who lives at or is in possession of the premises, or by certified or registered mail with a return receipt. If no one is present, the notice can be posted on the property.15Illinois General Assembly. 735 ILCS 5/9-211 – Service of Demand or Notice Proper service is a prerequisite for court action. An eviction case filed without proof of correct notice will be dismissed.
Retaliation Is Illegal
The Illinois Landlord Retaliation Act protects tenants who use their legal rights. A landlord who terminates a tenancy, raises rent, cuts services, refuses to renew a lease, or threatens an eviction lawsuit because a tenant complained about code violations, contacted a tenants’ organization, requested repairs, or testified about the property’s condition is engaged in illegal retaliation.16Illinois General Assembly. 765 ILCS 721 – Landlord Retaliation Act
If the protected activity happened within a year before the landlord’s action, the law creates a rebuttable presumption that the action was retaliatory, and the landlord must prove a legitimate, non-retaliatory reason.17Illinois General Assembly. 765 ILCS 721/20 – Rebuttable Presumption Many DuPage County tenants don’t know this presumption exists.
Breaking a Lease Early in Special Circumstances
Domestic Violence and Sexual Assault Survivors
The Illinois Safe Homes Act (765 ILCS 750) lets tenants who are victims of domestic violence or sexual assault break a lease. A tenant facing a credible, imminent threat of domestic or sexual violence at the rental can terminate by giving written notice to the landlord within 3 days before or after leaving. No supporting documentation is required in that situation. A tenant who was the victim of sexual violence on the property within the preceding 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 must keep the tenant’s status and circumstances confidential, and a landlord who breaches confidentiality is liable for actual damages up to $2,000 plus attorney’s fees.
Active-Duty Military Members
The federal Servicemembers Civil Relief Act lets active-duty military personnel end a residential lease early when they enter military service, receive permanent change-of-station orders, or are deployed for 90 days or more.18Office of the Law Revision Counsel. 50 USC 3955 – Termination of Residential or Motor Vehicle Leases The service member delivers written notice with a copy of the orders to the landlord. For a monthly lease, termination takes effect 30 days after the next rent due date following delivery. The landlord cannot charge an early termination fee, though the tenant remains on the hook for damage beyond normal wear and tear. Rent paid in advance for the period after termination must be refunded within 30 days.
Assistance Animals
Under the federal Fair Housing Act, landlords in DuPage County must allow assistance animals as a reasonable accommodation for tenants with disabilities, even where the property has a no-pets policy. That covers both trained service animals and untrained emotional support animals that provide a therapeutic benefit tied to a disability-related need. A landlord can deny a request only in narrow situations: the requester does not have a disability, 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.
Eviction in DuPage County
When a notice period expires and the tenant hasn’t cured the problem or moved out, the landlord’s next step is filing a forcible entry and detainer case at the Eighteenth Judicial Circuit Court in Wheaton.19Office of the Illinois Courts. 18th Judicial Circuit Court The landlord files a summons and complaint through the circuit clerk’s e-filing system.
After filing, the DuPage County Sheriff’s Office serves the summons on the tenant. The county sets the summons service fee at $40 per defendant.20DuPage County, IL. DuPage County Code of Ordinances – Sheriffs Fees The court schedules a return date for both parties. A tenant who fails to appear risks a default judgment for possession. If the landlord wins, the court issues an order for possession, and only the sheriff can carry out the actual removal. A landlord who changes locks or removes a tenant’s belongings without a court order is breaking the law.
Tenants facing eviction can raise defenses including 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.