Tenant Law in Illinois

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

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

Landlord's Rights in Frankfort, IL

Most obviously, landlords have a right to collect rent from their tenants. When a tenant agrees to pay a landlord a certain amount of money for the right to occupy the landlord's property, a contract is formed. Tenants have to hold up their end of the deal.

Landlords also have a right to be free from damage to the rented unit. Tenants are expected not to damage their dwellings, intentionally or negligently. Landlords can deduct the cost of repairs from the tenant's security deposit. In general, tenants are not liable for damage resulting from ordinary wear and tear.

Tenant's Rights in Frankfort, IL

At the most basic level, tenants have a basic right to what they're paying for: a habitable living environment. Therefore, landlords in Frankfort, Illinois must ensure that the units they rent to tenants meet some basic standards for human habitation. These requirements vary from state to state, but are often fairly easy to meet. There are no legal requirements that rented units be pretty, particularly spacious, or luxurious. They simply have to be fit for human beings to live in them. To be considered "habitable," rented units must have water, electricity, some form of heating (if the local climate necessitates it), and adequate protection from the elements (proper insulation, no roof leaks, windows that close, etc.).

Furthermore, tenants are entitled to common areas which are reasonably safe and clean, and free of physical obstacles. Areas such as lobbies, hallways, stairwells, and fire escapes must comply with the building codes of Frankfort, Illinois. Furthermore, any other unreasonable safety hazard, even if it doesn't violate a specific provision of a building code, can create liability for the landlord if it injures a tenant.

Under federal and Illinois law, tenants are also entitled to protection against discrimination in housing based on race, color, religion, marital status, or gender. Such discrimination can lead to severe civil penalties against the landlord. Landlords also cannot discriminate against tenants based on physical disability, and have to make reasonable accommodations for physically disabled tenants. For example, they have to allow disabled tenants to make minor physical alterations to the unit (at the tenant's expense) to make it more accessible. Now, they don't need to allow the tenants to have the building remodeled. We're just talking about things like installing handrails in the bathroom, and similar things. The landlord can, however, require tenants to restore the apartment to its original condition, at the tenant's expense, once the tenant leaves.

Tenants are also legally protected 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 Frankfort, Illinois Landlord/Tenant Lawyer Help?

Tenants and landlords always want to avoid getting into any serious disputes - these disputes interfere with the tenant's living arrangement, and the landlord's business. In short, they help nobody. While a good Frankfort, Illinois attorney can certainly help his or her client prevail in such a dispute, they may be more valuable for their ability to help prevent such disputes from escalating in the first place.