Tenant Law in Illinois
The relationship between a landlord and tenant in Kane County, 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 Kane County, IL
Most obviously, landlords have a right to collect rent from their tenants. When a tenant agrees to pay a landlord a particular 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.
Furthermore, landlords have a right to be compensated for damage a tenant causes to a rented unit, either intentionally or negligently. Landlords have a right to deduct repair costs from tenants' security deposits, unless the damage was caused by normal wear and tear, for which tenants are not accountable.
Tenant's Rights in Kane County, IL
Most basically, tenants have a right to get what they're paying for: a dwelling fit for human habitation. To this end, landlords have to ensure that the units they rent meet Kane County, Illinois's minimum standards for habitability. These requirements are normallyy not difficult to meet. They include basic amenities such as running water, electricity, a working phone line, heating, and protection from the elements.
Additionally, 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 Kane County, Illinois. Additionally, 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 further 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.
Finally, the laws of most states protect tenants from unfair eviction. In general, as long as a tenant is paying rent on time, and is not damaging the unit, they cannot be evicted before the term of the lease expires, unless there is a very good reason to do so (such as excessive noise caused by the tenant, or illegal activities in the apartment).
Can a Kane County, Illinois Landlord/Tenant Lawyer Help?
Landlords and tenants normally prefer to avoid getting into fights with one another, for apparent reasons. A harmonious relationship is profitable for everyone involved. To that end, the advice of a good Kane County, Illinois landlord/tenant attorney can help defuse arguments before they become too serious.