Tenant Law in Illinois

The relationship between a landlord and tenant in Eldorado, Illinois can occasionally be a touchy one. Landlords and tenants are not always clear on their respective rights and obligations.

Both parties to a landlord/tenant relationship are controlled by an extensive body of laws and regulations, defining their legal rights and obligations.

Landlord's Rights in Eldorado, IL

The most basic right that landlords have is the right to be paid the agreed-upon rent by their tenant. Obviously, renting apartments is how landlords make a living, so they are entitled to collect the rent that the tenant agreed to pay.

Landlords also have a right to be paid for damage to the building that a tenant causes, either intentionally or negligently. All damage caused by a tenant, besides reasonable wear and tear, can be billed, and the landlord can deduct from the tenant's security deposit to pay for repairs.

Tenant's Rights in Eldorado, IL

Much like landlords have a right to get paid for the service they provide, tenants have a right to get what they pay for: a suitable place to reside. In Eldorado, Illinois, all residential rental agreements carry an "implied warranty of habitability." This means that a landlord implicitly guarantees that any residence he or she rents will be fit for human habitation. In general, an unit will be automatically deemed uninhabitable if it lacks running water, electricity, heat, and acceptable protection from the elements. There are numerous more factors that can be considered, as well, but those are some of the basics.

Moreover, tenants are entitled to common areas that are reasonable safe and sanitary. The common areas of an apartment building would contain lobbies, laundry rooms, stairwells, hallways, and fire escapes (essentially, any part of the building which all of the tenants can access). In Eldorado, Illinois, these areas must be kept reasonably clean and safe.

Tenants also have rights, under federal and Illinois law, to not be victims of racial, ethnic, or gender discrimination in housing, whether they are renting or buying. Moreover, landlords are not allowed to discriminate against tenants based on physical disabilities. They must also allow physically-disabled tenants to make reasonable modifications to the apartment to make it more accessible. Nonetheless, the landlord can require tenants to remove those modifications and restore the property to its original condition once the tenant moves out.

Tenants are also legally safeguarded from unfair eviction. Before a lease agreement expires, landlords cannot evict tenants unless they breach as significant term of the agreement by not paying rent, causing serious damage to the property, engaging in activities that are a nuisance to the other tenants, or engaging in illegal activity on the property, among other things.

Can a Eldorado, Illinois Landlord/Tenant Lawyer Help?

Whether you are a landlord or a tenant, chances are that you want to prevent conflict. But if you do end up in a seemingly irresolvable conflict with the other party, an Eldorado, Illinois attorney can help you protect your rights.