An Illinois landlord has an obligation to provide a habitable living space. Unlike most states, Illinois regulates this duty mostly through case law. Judicial decisions have established an “implied warranty of habitability.”
| Quick Facts | Answer |
| Landlord Responsibilities | No Statute |
| Time Limit for Repairs | 14 Days |
| Tenant Recourse Options |
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Applicable Dwelling Types in Illinois
The implied warranty of habitability in Illinois does not apply to all types of dwellings. See the table below for which are and aren’t included.
| Dwelling Type | Landlord/Tenant Laws Apply? |
| Single family | Yes |
| Multi-family | Yes |
| Fraternities/Sororities/Clubs | Not specifically addressed |
| RV parks | Not specifically addressed |
| Mobile home parks | Separate mobile home laws |
| Condos | Not specifically addressed |
| Hotels/Motels | No |
Landlord Responsibilities in Illinois
The following chart lists possible landlord responsibilities when it comes to habitability. Not all of them are requirements in Illinois, as indicated below.
Note: Some of the below items may not be addressed at the state level but may be addressed on a county or city level. Check your local housing codes to see which additional requirements may apply.
| Habitability Issue | Landlord Responsibility? |
| Provide windows and doors that are in good repair | Not addressed |
| Ensure the roof, walls, etc., are completely waterproofed and there are no leaks | Not addressed |
| Provide hot and cold running water | Yes |
| Provide working HVAC equipment | Sometimes |
| Provide working plumbing and electrical wiring/outlets/ lighting | Not addressed |
| Provide working gas lines if used for utilities/cooking | Not addressed |
| Provide working sanitation facilities (bathtub/shower, toilet) | Not addressed |
| Provide a trash can (for trash pickup services) | Not addressed |
| Ensure that any stairs and railings are safe | Not addressed |
| Ensure that all floors are in good condition and safe | Not addressed |
| Provide fire exits that are usable, safe, and clean | Not addressed |
| Ensure storage areas, including garages and basements, do not house combustible materials | Not addressed |
| Provide working smoke detectors | Yes |
| Provide a mailbox | Not addressed |
| Provide working wiring for one telephone jack | Not addressed |
| Provide working kitchen appliances | Not addressed |
| Provide working carbon monoxide detector | Yes |
| Provide a working washer/dryer | Not addressed |
Illinois state law does not impose many specific obligations when it comes to habitability, but Illinois landlords must remain compliant with local housing, building, and health codes or other community standards.
The city of Chicago has its own habitability standards under the Municipal Code of Chicago § 5-12-110. Requirements include hot/cold running water, sanitary facilities in good working order, smoke alarms, HVAC systems, etc.
Insects/Rodents
Landlords are required to exterminate pests, as long as the tenant has not caused the issue by their own actions. The city of Chicago has additional requirements regarding bedbugs that both landlords and tenants must follow.
Radon
If a rental unit has been tested and found to contain hazardous levels of radon, landlords are required to disclose that fact to prospective tenants. Landlords are not required to mitigate the radon hazard but must alert tenants to the elevated presence of radon.
Repairs, Recourse, and Retaliation in Illinois
If a rental property is in violation of the implied warranty of habitability in Illinois, state laws outline how the repair process works, what tenants can do if repairs aren’t made, and how tenants are protected against retaliating landlords.
Requesting Repairs in Illinois
Illinois tenants must request repairs by notifying the landlord of the issue through registered or certified mail only. To reserve the option to repair and deduct, the tenant must state this intention in the repair request.
An example of language a tenant might use to state this intention is: “If the issue isn’t fixed, the renter may in 14 days exercise his right to have repairs professionally done and deduct the cost from rent.”
Renter’s Rights if Repairs Aren’t Made in Illinois
Illinois renters have the right for landlords to repair health and safety issues within (except for emergencies) 14 days after proper notice.
If the issue isn’t fixed, the renter can repair and deduct, or report health and safety violations to local authorities for further action. Renters aren’t allowed to withhold rent payments or break the lease, in most cases.
Landlord Retaliation in Illinois
Except for good cause like unpaid rent or a lease violation, in Illinois it’s illegal for landlords to retaliate by raising rent, reducing services, terminating a lease, or threatening eviction, after the tenant does one of the following:
- Complaining to the landlord or the government about failure to maintain the property
- Participating in a tenant organization, including asking for assistance with a landlord violation
- Pursuing rights or remedies given by Illinois landlord-tenant laws
- Testifying in court or an administrative proceeding against the landlord
- Exercising any other lawful right or remedy
When there’s retaliation, the tenant can sue to repossess the property or end the rental agreement. In either case, the tenant also can recover double total costs or double the monthly rent (whichever is greater), plus reasonable attorney fees.
Additional Resources
- Illinois General Assembly, Illinois Compiled Statutes, Chapter 765, Property, Landlord and Tenant
- Illinois Attorney General, “Landlord and Tenant Rights and Laws”
- Illinois Department of Children and Family Services, “Illinois Housing Handbook”
Sources
- 1 Jack Spring, INC. v. Little, 50 III. 2d 351, 366 (1972)
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[W]e hold that included in the contracts, both oral and written… is an implied warranty of habitability which is fulfilled by substantial compliance with the pertinent… building code.
Source Link - 2 765 ILCS 721/5
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It is declared to be against public policy of the State for a landlord to take retaliatory action against a tenant. A landlord may not knowingly terminate a tenancy, increase rent, decrease services, bring or threaten to bring a lawsuit against a tenant for possession or refuse to renew a lease or tenancy because the tenant has in good faith done any of the following:
(1) complained of code violations applicable to the premises to the relevant governmental agency, elected representative, or public official charged with responsibility for enforcement of a building, housing, health, or similar code;
(2) complained of a building, housing, health, or similar code violation or an illegal landlord practice to a community organization;
(3) sought the assistance of a community organization to remedy a code violation or illegal landlord practice;
(4) complained or requested the landlord to make repairs to the premises as required by a building code, health ordinance, other regulation, or the residential rental agreement;
(5) organized or become a member of a tenants’ union or similar organization;
(6) testified in any court or administrative proceeding concerning the condition of the premises; or
(7) exercised any right or remedy provided by law.
Source Link - 3 765 ILCS 721/10
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If the landlord acts in violation of this Act, the tenant has a defense in any retaliatory action against the tenant, and a landlord shall be subject to a civil action for damages and other appropriate relief, including, but not limited to, the following remedies:
(1) terminate the rental agreement and, if the rental agreement is terminated, the landlord shall return all security and interest recoverable under the Security Deposit Return Act and all prepaid rent;
(2) recover possession of the premises if the landlord has dispossessed, threatened to dispossess, or is in the process of dispossessing; and
(3) recovery of an amount equal to and not more than 2 months’ rent or 2 times the damages sustained by the tenant, whichever is greater, and reasonable attorney’s fees.
Source Link
