Tenant Law in Illinois

The relationship between a landlord and tenant in Highland Park, 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 Highland Park, IL

Most obviously, landlords have a right to collect rent from their tenants. When a tenant agrees to pay a landlord a specific 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 responsible for damage resulting from ordinary wear and tear.

Tenant's Rights in Highland Park, 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 live. In Highland Park, 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 adequate protection from the elements. There are many more factors that can be considered, as well, but those are some of the basics.

Additionally, tenants have rights to common areas that are free of physical obstructions, as well as serious health and safety hazards. Common areas are the places in apartment buildings and other residential complexes which every tenant can access, and include hallways, stairwells, and fire escapes. In Highland Park, Illinois, these areas must be kept in a safe condition, at the landlord's expense.

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. However, the landlord can require tenants to remove those modifications and restore the property to its original condition once the tenant moves out.

And finally, most state laws prevent landlords from arbitrarily evicting tenants. If the lease agreement is for a set period of time, the landlord usually can't evict the tenant until the lease expires, without a good reason. Valid causes for eviction include unpaid rent, illegal activities on the property, damage to the building caused by the tenant, and excessive noise.

Can a Highland Park, Illinois Landlord/Tenant Lawyer Help?

Landlords and tenants typically prefer to avoid getting into fights with one another, for discernible reasons. A harmonious relationship is profitable for everyone involved. To that end, the advice of a good Highland Park, Illinois landlord/tenant attorney can help defuse arguments before they become too serious.