Tenant Law in Illinois
The relationship between a landlord and tenant in Markham, 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 Markham, 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.
Additionally, 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 responsible.
Tenant's Rights in Markham, 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 Markham, 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 several 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 Markham, Illinois, these areas must be kept in a safe condition, at the landlord's expense.
A tenant also has a right, under federal law and the laws of Illinois to be free from discrimination in housing based on race, color, national origin, religion, or gender. Landlords can additionally not discriminate against persons with disabilities, and must make reasonable accommodations for those disabilities.
Finally, tenants are legally protected from arbitrary eviction. Landlords usually must have a very good reason to evict a tenant before the lease agreement reaches the end of its term (at this point, they are of course allowed to decline to renew the lease). Of course, if the tenant breaches the lease agreement (such as by failing to pay rent, damaging the property, or violating other reasonable rules the landlord has put in the lease), the landlord, like a party to any other contract, is free to terminate the agreement and evict the breaching tenant.
Can a Markham, Illinois Landlord/Tenant Lawyer Help?
Landlords and tenants almost always prefer to avoid conflict. In a perfect world, tenants would pay rent on time, and landlords would always provide the services that they're being paid for. As we know, the world isn't perfect. When cases demonstrate the world's imperfection, a Markham, Illinois real estate attorney can help, whether you're a landlord or a tenant.