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.
Waukegan, IL
Barking dogs that create excessive noise fall under Waukegan's general noise ordinance and Chapter 4 animal control provisions. Complaints handled by Waukega...
Waukegan, IL
Construction, demolition, and repair noise is exempt from Waukegan's excessive noise ordinance between 7:00 AM and 8:00 PM. Work outside those hours is subje...
Waukegan, IL
Waukegan Municipal Code Chapter 11, Article II regulates excessive noise citywide. Sound audible at 50 feet or more from the source is prohibited on public w...
Waukegan, IL
Waukegan enforces an alternate parking ordinance year-round: odd side on odd days, even side on even days, 12:01 AM to 11:59 AM. No all-night parking on stre...
Waukegan, IL
Commercial vehicle parking on Waukegan residential streets is restricted. The alternate parking ordinance and overnight ban apply to all vehicles including c...
Waukegan, IL
Driveway construction and modifications in Waukegan require permits from the Building & Code Department. Curb cut permits required for new driveways per Sect...
See how Waukegan'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.