In this article...
Most apartment tenants have a horror story or two: busted pipes, leaks, mold, infestation, horrible neighbors, etc.–and many of these apartment tenants probably did nothing about these horror stories, believing that their only remedy was moving out. Historically this was the case, but today tenants have a variety of rights to ensure that they live in peace and comfort.Implied in every lease is an implied warranty of habitability, which requires that the apartment be maintained in a livable condition by the landlord. Working pipes, plumbing, heat, removal of insects and rodents, and keeping the premises within the housing code are the some of the basic requirements of this warranty.
Most apartment tenants have a horror story or two: busted pipes, leaks, mold, infestation, horrible neighbors, etc.–and many of these apartment tenants probably did nothing about these horror stories, believing that their only remedy was moving out. Historically this was the case, but today tenants have various rights to ensure that they live in peace and comfort. Implied in every lease is an implied warranty of habitability, which requires that the apartment be maintained in a livable condition by the landlord. Working pipes, plumbing, heat, removal of insects and rodents, and keeping the premises within the housing code are some of the basic requirements of this warranty.
If a breach of the implied warranty of habitability arises and the landlord fails to remedy the problem within a reasonable time, the tenant has several remedies. The tenant may:
- Move out and terminate the lease.
- Repair the problem and deduct that cost from the rent.
- Reduce the rent by the damage done.
- Sue for damages.
If the tenant does not wish to take advantage of these remedies, he or she should document all of the damage to ensure that the security deposit is not reduced due to the landlord's negligence.
Additionally, If the tenant entered into a nice, clean apartment with relatively high rent, only to see the place fall into disrepair, the tenant can sue to have rent reduced by the lowered property value of the premises.
Tenants may not own their apartment, but they do own the possessory right to that apartment: they are entitled to exclusive possession of their entire apartment for the term of the lease. Unless the city's law provides otherwise, even landlords are not allowed to enter a leased apartment without permission. If the landlord does so, he or she is committing a trespass.
Further, Landlords cannot evict tenants without good cause. Good cause generally requires nonpayment of rent for no reason, illegal activities, or severe damage to the building. Historically a landlord could personally enter into your apartment and evict tenants, but today only police are only allowed to evict tenants, and they need a court order to do so.
Every city has different rules regarding landlord-tenant relations. Therefore, you should consult with a Illinois tenant rights attorney to determine your rights and remedies before taking action against your landlord.
Disclaimer: The information provided on this blog is intended for general informational purposes only and should not be construed as legal advice on any subject matter. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. Each individual's legal needs are unique, and these materials may not be applicable to your legal situation. Always seek the advice of a competent attorney with any questions you may have regarding a legal issue. Do not disregard professional legal advice or delay in seeking it because of something you have read on this blog.
in
Text Link
category
Kevin O'Flaherty
About the author
Kevin O’Flaherty is a graduate of the University of Iowa and Chicago-Kent College of Law. He hasexperience in litigation, estate planning, bankruptcy, real estate, and comprehensive business representation.
As someone deeply immersed in the realm of tenant rights and landlord-tenant relations, I can attest to the multifaceted nature of the issues often faced by apartment tenants. My expertise, honed through years of experience and a comprehensive understanding of legal nuances, allows me to shed light on the crucial concepts presented in the article.
The piece rightly begins by acknowledging the common plight of apartment tenants, delving into the litany of problems they encounter—ranging from busted pipes and leaks to mold, infestations, and problematic neighbors. I can affirm that these issues are not merely anecdotal; they form the crux of challenges that tenants often confront. However, what sets this narrative apart is its emphasis on the evolution of tenants' rights and the avenues available to them today.
The article introduces the concept of an implied warranty of habitability, a legal safeguard implicit in every lease agreement. This warranty, a product of evolving legislation, mandates that landlords maintain apartments in a livable condition. It encompasses various essentials, such as functional pipes, plumbing, heating, and compliance with housing codes. This is a critical foundation upon which tenant rights are built, and my extensive knowledge in this area reinforces the significance of these legal provisions.
Moreover, the article provides a succinct breakdown of the remedies available to tenants in case of a breach of the implied warranty of habitability. These include the right to move out and terminate the lease, undertake necessary repairs and deduct costs from rent, reduce rent based on damages, or pursue legal action for compensation. This comprehensive understanding reflects my firsthand knowledge of the legal landscape surrounding tenant rights.
The emphasis on documentation as a protective measure against potential security deposit reductions due to landlord negligence is a practical insight that aligns with legal best practices. It underscores the importance of tenants being proactive in safeguarding their interests, a point I would readily endorse based on my expertise.
The discussion extends to the possessory rights of tenants, highlighting their entitlement to exclusive possession of their leased premises. This, coupled with the assertion that landlords cannot enter the apartment without permission—a violation constituting trespass—underscores the legal boundaries that protect tenants.
The article further touches on eviction, emphasizing the contemporary restrictions on landlords' ability to evict tenants without just cause. The requirement for a court order and the exclusion of personal landlord eviction efforts are indicative of legal shifts over time. My expertise corroborates these changes, underlining the importance of staying updated on local regulations.
Finally, the call to consult with an Illinois tenant rights attorney underscores the locality-specific nature of landlord-tenant relations. This aligns with my understanding that legal nuances vary by jurisdiction, reinforcing the need for tailored advice.
In conclusion, my extensive experience and deep understanding of tenant rights and legal intricacies align with the insights provided in the article, validating its information and emphasizing the importance of seeking professional legal advice tailored to individual circ*mstances.
