Illinois recognizes an implied warranty of habitability in every residential lease through case law, not a single statute. The Illinois Supreme Court established it in Jack Spring, Inc. v. Little (1972), holding that all residential leases include the warranty, fulfilled by substantial compliance with applicable building codes. Chicago's RLTO adds detailed statutory standards.
There is no statewide habitability statute; the duty arises from Illinois common law. In Jack Spring, Inc. v. Little, 50 Ill. 2d 351 (1972), the Illinois Supreme Court abandoned the old rule that a landlord owed no repair duty and held that residential leases (oral or written) include an implied warranty of habitability 'fulfilled by substantial compliance with the pertinent provisions' of the applicable building code. Pole Realty Co. v. Sorrells (1981) extended the warranty beyond multi-unit buildings. A breach must be substantial enough to render the unit unsafe or unsanitary, and the duty to pay rent is dependent on the landlord's performance, so tenants may have remedies such as rent abatement. The Chicago RLTO codifies specific maintenance duties locally.
No specific statutory penalty statewide. On a substantial breach, tenants may pursue common-law remedies including rent abatement, damages, or, in some cases, termination; because rent is dependent on the warranty, a court may reduce rent to the unit's diminished value. Chicago's RLTO adds its own remedies.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Chicago, IL
No Chicago-specific ordinance allocates division-fence costs between neighbors; the Illinois Fence Act (765 ILCS 130) applies, requiring adjoining landowners...
Chicago, IL
Chicago Zoning Ordinance 17-17-0309 lets fences encroach into required setbacks: a fence no more than 20% opaque up to 6 feet is allowed in front, side, and ...
Chicago, IL
Chicago Building Code Chapter 13-196 requires approved smoke alarms in every residential unit: at least one on each story (including basement), within 15 fee...
Chicago, IL
Chicago has no ordinance specific to residential lawn ornaments, statuary, or year-round decorations. Landmark Commission approval is required only for perma...
Chicago, IL
Chicago has no ordinance specific to residential holiday inflatables. Inflator-motor noise after hours is enforced under MCC Section 8-32 (noise), and sidewa...
Chicago, IL
Chicago has no ordinance regulating residential holiday light display windows or brightness. Property maintenance complaints are handled under MCC Section 13...
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