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.
Naperville, IL
Naperville does not have a local aircraft noise ordinance. Aircraft noise is regulated exclusively at the federal level by the FAA. Naperville is approximate...
Naperville, IL
Naperville requires an $80 fence permit for all fences over 3 feet in height. Applications require a Plat of Survey showing fence placement. Call JULIE at 1-...
Naperville, IL
Naperville limits residential fences to 6 feet in height under Title 6, Section 6-2-15. Fences along major arterial roadways may be up to 9 feet. Front yard ...
Naperville, IL
Naperville requires all dogs to be on a leash no longer than 6 feet when off the owner's property under Title 10, Chapter 4. Dogs running at large on any str...
Naperville, IL
Naperville allows backyard chickens with a permit for any coop or enclosure. Livestock keeping is regulated by zoning under Title 6. A permit is required for...
Naperville, IL
Naperville allows beekeeping in most zoning districts but restricts it in R2 through R5 residential zones. All bee colonies must be registered with the State...
See how Naperville's repairs & habitability rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.