In Illinois, a landlord’s obligation for providing a habitable living space is primarily governed by case law and more specifically a Supreme Court ruling, Jack Spring, INC. v. Little (1972) 50 III 2d 351, 280 NE 2d 208. Most states have state statutes regarding habitability; however, this ruling (among others) has established the “implied warranty of habitability.”
| Quick Facts | Answer |
| Landlord Responsibilities | No Statute |
| Time Limit for Repairs | 14 Days |
| Tenant Recourse Options |
|
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 | Not specifically addressed |
| 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. | Not addressed |
| 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 |
As you can see, Illinois state law does not describe the specific obligations of landlords when it comes to habitability, but Illinois landlords must remain compliant with housing, building, health codes or by community standards. Although there is no specific statute stating habitability laws, landlords are required to make the rental unit habitable and fit for living according to Glasoe v Trinkle (1985) 107 III 2d 1, 88 III Dec 895, 479 NE 2d 915.
It’s important to note that Chicago has their own habitability standards under the Municipal Code of Chicago § 5-12-110. These standards include providing hot/cold running water, sanitary facilities that are 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 & 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. Read More
Landlord Retaliation in Illinois
In Illinois, it’s illegal for landlords to retaliate by evicting or refusing to renew the lease of a tenant who complains in good faith that a property is not in compliance with a code or ordinance.
Illinois courts have also ruled other types of retaliation are illegal, case by case. For example, a landlord might be found retaliating if he tries to evict after the tenant joins a tenants’ union.
If the tenant establishes that the eviction was filed with a retaliatory intention, the court will dismiss the eviction action and might also award monetary damages to the tenant.
