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.
Orland Park, IL
Orland Park Village Code Chapter 5 (Health and Sanitation) and the general nuisance provisions prohibit unreasonably loud noise that disturbs the peace, with...
Orland Park, IL
Orland Park restricts overnight on-street parking from 2:00 AM to 6:00 AM in most residential areas. Temporary overnight permits are available for guests and...
Orland Park, IL
Orland Park prohibits parking of commercial vehicles over 8,000 pounds GVW on residential streets and driveways overnight. Box trucks, semi-tractors, and tra...
Orland Park, IL
Orland Park allows daytime on-street parking in most residential neighborhoods but enforces overnight parking restrictions, signed time limits, and snow rout...
Orland Park, IL
Orland Park limits residential fences to 6 feet in side and rear yards and 4 feet in front yards. Corner lots have additional sight-triangle restrictions. Fe...
Orland Park, IL
Orland Park prohibits feeding deer, geese, raccoons, and other wildlife that creates nuisance, attracts pests, or poses safety risks. Bird feeding is general...
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