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.
North Chicago, IL
Barking dogs in North Chicago are addressed under Chapter 16 (Dogs) and Chapter 17 (Dangerous Animals) of the police regulations. Chronic barking may constit...
North Chicago, IL
Construction noise in North Chicago is regulated through building code provisions and nuisance ordinances. Standard construction hours typically align with I...
North Chicago, IL
North Chicago regulates noise under its Code of Ordinances. Excessive noise that disturbs residents is prohibited as a nuisance. No statewide quiet hours app...
North Chicago, IL
North Chicago regulates street parking under Title 10, Chapter 5. Overnight and alternate-side parking restrictions may apply. Two parking spaces required pe...
North Chicago, IL
Commercial vehicle parking in North Chicago residential areas is restricted. Vehicles over 1.5 tons must use designated truck parking areas with proper scree...
North Chicago, IL
Driveways in North Chicago must be improved hard surfaces connecting designated parking areas to the public right-of-way. Building permits required for drive...
See how North Chicago'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.