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.
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Oak Lawn, IL
Oak Lawn relies primarily on a plainly-audible standard for residential noise enforcement, with numerical decibel limits applying to commercial and industria...
Oak Lawn, IL
Oak Lawn regulates residential driveways through its zoning and building codes. Driveways must be paved with concrete, asphalt, brick, or approved pavers, me...
Oak Lawn, IL
Oak Lawn does not recognize the Chicago 'dibs' tradition of saving shoveled parking spaces with chairs, cones, or other objects. Placing items in the public ...
Oak Lawn, IL
Oak Lawn requires all swimming pools capable of holding more than 24 inches of water to be enclosed by a barrier at least 4 feet high with self-closing, self...
Oak Lawn, IL
Oak Lawn prohibits barbed wire, razor wire, and electrified fencing in residential districts. Chain link, wood, vinyl, and ornamental metal are generally per...
Oak Lawn, IL
Oak Lawn requires all dogs to be leashed when off their owner's property. Cook County requires all dogs over 4 months old to have a current rabies vaccinatio...
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