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real estate
Access
Tenants have a right of access to the property they rent. It is illegal for a landlord to lock a tenant out of his or her unit without a court order. A tenant who is unlawfully locked out may petition the court to get back in. The court has authority to order law enforcement officers to help the tenant regain access. If the court finds that the landlord knew or should have known that the lockout was illegal, it may order the landlord to pay damages.
Sublease
Subleasing is having someone else take over a tenant's rights and obligations under a lease before the original lease expires. The tenant has a right to sublet a unit if the lease does not prohibit doing so. If the new tenant does not pay rent, damages the unit, leaves before the lease expires, or breaches another condition of the lease, the landlord may hold the original tenant responsible. The original tenant then may sue the new tenant for those costs.
Utilities
Generally landlords who rent property are responsible for paying the utility bills. A landlord and a tenant may agree in the lease that the tenant will obtain his or her own account with the utility companies, as long as the tenant is responsible only for utilities in his or her unit. It is unlawful for landlords to request or require that tenants pay utility bills for common areas or other units. If a landlord fails to pay a utility bill which he or she is responsible, a tenant may pay the bill and deduct the payment from his or her rent.
Utility Suspension
Landlords who are responsible for paying for the provision of utilities are forbidden under Illinois law from shutting off utilities, except in emergencies or for repairs. A tenant whose electricity, water, or heat are terminated because the landlord has failed to pay the bills has several options. The tenant may stop paying rent, as noted above. The tenant may recover 100 percent of the rent paid for any period during which he or she did not have utility service, and each tenant in the landlord's building may recover up to $300 in damages. Utility companies must abide by certain guidelines prior to shutting off service. In the case of rented property, utility companies must give tenants ten days' notice prior to terminating service, and the exact date service will be terminated must be provided.
Cold Weather Utility Rule
Illinois has a state policy that no residence should be denied essential utility service during the winter due to a failure or inability of the consumer to pay the utility bill. This law dictates that people working for utility companies and residents will work together in a fair manner and that they will act in good faith to resolve any problems with paying for or providing utility service in the winter.
Discrimination in Housing
Federal and Illinois laws prohibit home sellers and landlords from discriminating on the basis of age, ancestry, citizenship, color, creed, disability, marital status, national origin, race, religion, reliance on public assistance, sex, or unfavorable military discharge. The law prohibits discrimination against families with children under the age of 18. Some areas have local laws that provide additional protection from discrimination. For example, Chicago has a city ordinance forbidding discrimination on the basis of sexual orientation.
Following are some examples of prohibited actions by landlords, owners, or real estate agents:
- Failing to rent to people of a particular race
- Using restrictive covenants to prohibit people of a particular ethnic origin from living in a development
- Charging a blind tenant extra for keeping a guide dog (unless the dog actually causes damage to the property)
- Failing to design housing that is accessible to people with disabilities.
Depending on the nature of the violation, federal or state agencies are responsible for enforcing non-discrimination laws. The Illinois Human Rights Act, for instance, is enforced by the Illinois Department of Human Rights.
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