real estate

Call an Inspector
The renter may call local fire, health, housing, or energy inspectors to investigate whether there is a code violation in the unit. If the tenant believes there is a lead-based paint problem, he or she should call the Department of Public Health. If an inspector finds a code violation, the inspector has authority to summon the owner to appear in court. Often, an inspector's report of a code violation is enough to convince a landlord to correct problems. Calling an inspector is a necessary first step to several of the other options described in the following sections. The law provides protection for a renter if the owner attempts to evict the renter in retaliation for calling an inspector. Under the Lead Poisoning Prevention Act, a landlord is prevented from retaliating against a renter with an elevated blood lead level.

Withhold Rent
If there is a serious problem in a unit, the renter may withhold rent. Under extreme circumstances, the tenant may withhold rent and claim constructive eviction. This means that the rental unit has become uninhabitable because of the problem; in effect, the landlord has evicted the tenant by failing to make the unit livable. Before withholding rent, the renter should notify the owner, in writing, of the needed repairs and give the owner an opportunity to make repairs. If the landlord does not make repairs, the tenant should notify local inspectors, as described above, and get a written copy of the inspector's report. If repairs still are not made, the tenant should notify the landlord, in writing, that all or part of the rent will be withheld until repairs are made.

If the tenant is claiming constructive eviction, he or she must prepare to leave the rental property within a reasonable time after withholding rent. The tenant cannot stay in the apartment or house without paying rent and claim it is not livable. Illinois recognizes the failure to remedy certain problems as a breach of the warranty of habitability. The tenant would have the right to claim constructive eviction under any of the following circumstances:

Withholding rent is a drastic step that should only be taken if the tenant has a strong case against the landlord.

Criminal or Civil Action
Under Illinois law, a landlord may be charged with criminal housing management for extreme failure to comply with the implied warranty of habitability. Criminal housing management is recklessly or intentionally permitting the physical condition of residential real property to be or remain in a condition that endangers a person's health or safety. A person who feels his or her landlord should be charged with criminal housing management may contact the attorney general's office and request the landlord be prosecuted for this crime.

A tenant who has suffered damages by a landlord's gross failure to remedy problems may bring a lawsuit or civil action against the landlord for damages. Usually, damages are limited to the actual amount of money the renter has lost by the landlord's negligence or breach of contract, such as the cost of replacing personal property damaged by chronically leaking pipes. Sometimes, however, renters can recover lost wages, medical costs, or even payment for emotional damages. A tenant who believes he or she has a case against a landlord should contact an attorney for guidance.

Eviction
Under no circumstances may a landlord forcibly remove a tenant from rental property. In order to get a tenant out of a rental unit, the landlord must bring a lawsuit against the tenant. Legitimate grounds for bringing a suit include nonpayment of rent, breach of a lease, or refusal to leave a unit after the tenancy expires. The Illinois Retaliatory Eviction Act prohibits a landlord from evicting a tenant for complaining to any governmental authority, such as a housing inspector.

The landlord first must give the renter written notice of the eviction, which must state the reason he or she plans to start eviction proceedings. The tenant has five days to pay all rent owing, if nonpayment of rent is the reason for eviction. If the reason for eviction is a violation of the lease, the landlord is required to give the tenant ten days' notice. The landlord then must file a complaint in court against the tenant. At the hearing, each side has an opportunity to present its side of the story, through witnesses, with the assistance of counsel, and by presenting evidence. The tenant has a right to a trial by jury. The judge will deliver an opinion. The judge may order the tenant to move immediately, but usually gives the tenant two weeks to vacate. If the judge decides the tenant has no legal reason for refusing to leave the property, the judge may order the sheriff to force the tenant out. If the sheriff has to perform the eviction, the tenant's property may be stored on-site or in a warehouse.

Tenant's Rights
Tenants enjoy a number of rights, even if those rights are not specified in the rental contract. The tenant has a right to quiet enjoyment of the premises, which means that the landlord may not interfere illegally or unreasonably in the tenant's life, just because the landlord owns the property. Renters have the right to use the rented premises in any way, as long as it is legal.

Privacy
Generally, a landlord may enter a tenant's unit only with the tenant's consent, except in an emergency. After a tenant has given notice of termination, a landlord has the right to enter the unit to show it to prospective renters. A landlord also may enter for a "reasonable business purpose," such as maintenance, only after giving the tenant reasonable notice. If a landlord fails to get permission or give notice, the landlord is trespassing and may be sued. The tenant whose privacy rights have been violated may recover damages.