If a rental property in Illinois fails to meet legally required health and safety standards, tenants have the right to report their landlord to local public officials who may choose to follow up, inspect the property and cite the landlord for such violations.
What Are Considered Unsafe Living Conditions in Illinois?
In Illinois, unsafe living conditions exist when a rental property isn’t up to code. In addition, regardless of code requirements, a property must have safe and working:
- Plumbing.
- Heating.
- Hot and cold water.
- Roof and structure.
- Common areas.
- Features that impact health and safety on the premises.
What Should Tenants Do Before Reporting a Violation in Illinois?
In most cases, before reporting a violation, a tenant in Illinois must notify the landlord in writing about the issue and ask him to fix it within 14 days.
How Can Tenants Report a Violation in Illinois?
Tenants in Illinois should report violations to the local office or officers responsible for housing code enforcement. The exact process depends on municipality.
| Location | Organization | Contact |
| Chicago | Buildings Department | Online Form |
| Aurora | Customer Service Division | Online Form |
| Joliet | Neighborhood Services Division | Online Form |
After receiving a complaint, an inspecting officer might contact the tenant for more information. Then the officer will usually inspect the property and cite the landlord for any code violations.
How Can a Tenant Report a Health or Safety Violation in Chicago?
A tenant in Chicago can report a health or safety violation by calling (312) 744-3449 or using the online form provided by the Buildings Department. Select a location, answer the provided questions, give contact information, and submit.
How Can a Tenant Report a Health or Safety Violation in Aurora?
A tenant in Aurora can report a health or safety violation by calling (630) 256-4636 or using the online form provided by the Customer Service Division. Most issues fall under “Property Complaints” or “Property Maintenance.” Select a location, describe the issue, and submit. It’s recommended to include contact information.
How Can a Tenant Report a Health or Safety Violation in Joliet?
A tenant in Joliet can report a health or safety violation by calling 815-724-4000 or using the online form provided by the Neighborhood Services Division. Upload a picture of the issue if possible, enter a location, describe the issue, provide contact information, and submit.
What Could Happen to a Landlord After a Complaint Is Made in Illinois?
Officers may inspect rental property after Illinois tenants file a complaint about unsafe living conditions. The landlord must fix noted violations. Otherwise, the landlord could be fined and local government might file to condemn the property. Code violations can also evidence a breach of the implied warranty of habitability.
Sources
- 1 Glasoe v. Trinkle, 107 Ill. 2d 1, 10-11 (Ill. 1985)
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“[T]he implied warranty of habitability applies to all leases of residential real estate regardless of the existence of housing or building codes… the existence of housing code violations is only one of several evidentiary considerations that [enter] into the materiality of the breach.” Glasoe v. Trinkle, 107 Ill. 2d 1, 10-11 (Ill. 1985) See also Rotheimer v. Arana, 384 Ill. App. 3d 569, 582 (Ill. App. Ct. 2008) (“A tenant is entitled to raise the landlord’s breach of the warranty of habitability as a defense in a residential eviction action, because each residential lease implies a warranty of habitability which can be fulfilled by compliance with the local building ordinances.”)
Source Link - 2 Prairie State Legal Services, Renter’s Handbook 27 (Jan. 2021 ed.)
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No statute or case lays out exact requirements for habitability in Illinois. However, guidance provided by a prominent tenant advocacy group describes the general expectations: “Generally, ‘livable condition’ means that the unit you are renting should be free from housing code violations. If you are living in an area that does not have a housing or building code, the unit you are renting should at least have heat, hot and cold water, no leaks in the roof, and a solid structure; be free from bugs, rats and mice; and be safe from hazardous conditions.”
Source Link - 3 425 ILCS 60/3(a) (2022)
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Requirements are detailed in the statute, but smoke detectors are required in all dwellings without exception: “Every dwelling unit or hotel shall be equipped with at least one approved smoke detector in an operating condition.”
Source Link - 4 430 ILCS 135/10(a) (2022)
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“Every dwelling unit shall be equipped with at least one approved carbon monoxide alarm in an operating condition within 15 feet of every room used for sleeping purposes.” 430 ILCS 135/10(a) (2022) Case by case exceptions are allowed, as approved by the local building commissioner; see 430 ILCS 135/20 (2022).
Source Link - 5 765 ILCS 742/5 (2022)
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Reasonable notice in Illinois is case by case but generally determined off the baseline provided in the right to repair statute: “If a repair is required under a residential lease agreement or required under a law, administrative rule, or local ordinance or regulation… the tenant may notify the landlord in writing by registered or certified mail or other restricted delivery service… If the landlord fails to make the repair within 14 days after being notified by the tenant as provided above or more promptly as conditions require in the case of an emergency, the tenant may have the repair made in a workmanlike manner and in compliance with the appropriate law, administrative rule, or local ordinance or regulation.”
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