Peoria, IL Rental Property Rules: Repairs & Habitability (2026)
Key Facts
- Governing section
- Peoria City Code Sec. 5-289
- Remedy
- Tenant may escrow rent with code official
- Trigger
- Inspection plus written notice of violation
- General penalty
- $100-$2,500 per day, per section
- Worst case
- Unfit-for-habitation placard, relocation, demolition
Summary
Peoria tenants harmed by a code violation can force the landlord's hand: once the code official has inspected and issued a notice of violation, Sec. 5-289 lets the affected tenant place all rent due into an escrow account the code official holds until the violation is fixed and any resulting fine is paid in full.
After inspection and due notice of violation by the code official, any tenant directly affected by a violation of this article by the owner or lessor, and so long as the violation exists, may place all rents due to the owner or lessor in escrow with the consent of the code official. The code official shall hold the rents in a separate account, as escrow agent for the tenant, until such time as the violation is corrected and if the owner is prosecuted, convicted and fined, until such fine and costs are satisfied in full. Thereupon, the code official shall release the escrowed funds or so much as may remain less any fine and costs to the owner or lessor.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 119).
Full Breakdown
Sec. 5-289, the city's warranty of habitability, only activates after the code official has inspected the property and served the owner or lessor with a due notice of violation under Sec. 5-290. From that point, and for as long as the violation exists, the tenant directly affected may place all rent otherwise owed to the owner into escrow, with the code official's consent, rather than paying it to the landlord. The code official holds the money as escrow agent; if the owner is later prosecuted and convicted, the funds stay in escrow until the fine and court costs are paid in full, and only then does the code official release whatever remains to the owner.
Sec. 5-290 requires the underlying violation notice to be in writing, describe the property by address or legal description, and be personally served or sent by registered mail, or posted or published if the owner can't be found, and it warns that the notice's deadlines travel with the property even if ownership changes hands mid-correction. Sec. 00 for every day each violated section continues past the correction deadline, though full correction before the hearing, occupant-caused damage, or occupant-refused entry are each a recognized affirmative defense.
Violations & Fines
Failing to correct a violation after due notice draws a fine of $100.00 to $2,500.00 per day, per violated section, under Sec. 5-291, and an owner facing prosecution can't touch the tenant's escrowed rent until the fine and costs are paid off. A landlord who lets conditions get bad enough to be designated 'unfit for human habitation' under Sec. 5-296 faces placarding, forced tenant relocation at the owner's expense, secured by a lien on the property, and, after 60 days uncorrected, a Sec. 5-297 demolition order.
Frequently Asked Questions
How does a Peoria tenant put rent into escrow over a habitability violation?
When does Peoria release escrowed rent back to the landlord?
Can a Peoria landlord be fined for ignoring a housing code violation?
Sources & Official References
Other rules in Peoria
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