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.
Tinley Park, IL
Tinley Park regulates amplified music under Village Code noise provisions. Amplified sound plainly audible at 50 feet during daytime, or at any neighboring p...
Tinley Park, IL
Tinley Park prohibits dogs from barking, howling, or making noise that disturbs neighbors. Continuous barking for 15 minutes or intermittent barking for 30 m...
Tinley Park, IL
Industrial noise in Tinley Park is regulated by Village Code noise standards and Illinois Pollution Control Board decibel limits (35 Ill. Adm. Code Parts 900...
Tinley Park, IL
Outdoor music in Tinley Park must comply with Village Code noise provisions, with amplified sound required to stop or move indoors by 10:00 PM. The Credit Un...
Tinley Park, IL
Tinley Park requires building permits for retaining walls over 4 feet in height and for any wall supporting a surcharge or structure. Engineered plans are re...
Tinley Park, IL
Tinley Park limits residential fence height to 4 feet in front yards and 6 feet in side and rear yards. Corner lots have additional sight-triangle restrictio...
See how Tinley Park's repairs & habitability rules stack up against other locations.
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