Evictly
IL

Building Codes & Habitability — Illinois

Warranty of habitability, repair obligations, and city rental programs

State Habitability Standard

Illinois — implied warranty of habitability (Glasoe v. Trinkle); Chicago RLTO § 5-12-110
Chicago RLTO §§ 5-12-110, 5-12-130; 765 ILCS 735/ (statewide repair and deduct)

Minimum Habitability Requirements

  • Fit for human habitation
  • Compliance with applicable building codes materially affecting health/safety
  • Plumbing and hot water in working order
  • Heat capable of 68°F in living areas (Chicago: 68°F Oct 1 - Jun 1; 66°F at night)
  • No rodent or pest infestation
  • Working smoke detectors (Chicago: in each room used for sleeping)
  • Carbon monoxide detectors near sleeping areas
  • Secure building entrances and locks

Repair Obligations & Tenant Remedies

14
Days Landlord Has to Repair
Before tenant may use repair-and-deduct remedy
1x
Monthly Rent Cap
Maximum tenant can deduct per repair episode
Rent Withholding
Rent withholding permitted under state law for serious habitability failures

City-Level Rental Programs

Some cities require rental registration, periodic inspections, or have specific habitability ordinances beyond state law. Enter your city to check for a local program.

Known Illinois cities in our database: check Chicago above for city-specific programs.

Governing Statute

735 ILCS 5/9-201 et seq. (Forcible Entry and Detainer) + Chicago RLTO (locally)

Read the full statute →

Code Details — Illinois

Relevant building code and habitability requirements from our corpus:

City Building Codes — Washington, DC
City Building Codes — Washington, DC
DC Department of Buildings (DOB) enforces DC Construction Codes (based on 2018 IBC with DC amendments) and DC Property Maintenance Code. Rental registration: DC Rental Accommodations Division (RAD): ALL rental units must be registered (DC Code §42-3502.05); annual fee per unit. DC Rent Control: Rental Housing Act of 1985 (DC Code §42-3501 et seq.): applies to most residential units in DC not built after 1975 or owned by small landlords (4 or fewer units owner-occupied); annual increase capped at CPI + 2% (or 10% max); just cause eviction required. DC Basic Business License: required for all rental housing operations. Heating: Oct 15 through May 15; landlord must maintain 68°F. DC Housing Code (14 DCMR): comprehensive minimum standards for all rental housing including structural, plumbing, mechanical, electrical, and occupancy. DC Office of the Tenant Advocate: provides tenant legal assistance and advocates for habitability. Unique: DC requires landlords to offer lease renewal unless grounds for non-renewal exist.
Building Codes — Indiana (IN) Rental Housing
Building Codes — Indiana (IN) Rental Housing
Adopted code: Indiana Building Code based on 2014 IBC; enforcement primarily local. Habitability statute: IC 32-31-8 (landlord obligations under Indiana Code). Heating: landlord must supply heat; no specific minimum temperature in statute, but courts apply 68°F as habitability standard. Smoke detectors: required in each sleeping room and outside each sleeping area; landlord installs and maintains; battery or hardwired (IC 22-11-18). CO detectors: required in all new residential construction and in units with attached garages or fuel-burning appliances (IC 22-11-19.1). Repair-and-deduct: no statewide right. Tenant remedies: terminate lease after written notice and landlord failure to repair within 30 days; sue for damages. Notable: Indiana preempts local rent control. Indianapolis code enforcement enforces IPMC standards; rental registration not currently required citywide.
City Building Codes — Chicago, IL
City Building Codes — Chicago, IL
Rental registration: All residential rental units in Chicago must be registered with the City; fee varies by unit count. Chicago Residential Landlord and Tenant Ordinance (RLTO, Chicago Mun. Code §5-12): One of the strongest tenant protection ordinances in the US. RLTO applies to most Chicago rentals except owner-occupied buildings with 6 or fewer units. Key RLTO provisions: (1) Landlord must pay interest on security deposit (currently ~1.5% annually). (2) Landlord must provide inventory checklist at start of tenancy. (3) Tenant may withhold up to rent reduction for material non-compliance after 14-day written notice. (4) Repair-and-deduct: up to $500 or half month's rent after 14-day notice and landlord failure. (5) Landlord must give 30-day notice for heat/water/essential service shutoffs. Heating: 68°F required from Oct 1 through June 1 by city ordinance. Chicago Building Department enforces Chicago Building Code (separate from IPMC): includes annual fire inspection for multi-unit buildings. Lead paint: Chicago has own lead ordinance requiring disclosure and testing for pre-1978 units rented to families with children under 6.
Building Codes — Delaware (DE) Rental Housing
Building Codes — Delaware (DE) Rental Housing
Adopted code: Delaware State Fire Prevention Regulations and local building codes based on 2018 IBC. Habitability statute: 25 Del. C. §5305 (Residential Landlord-Tenant Code). Heating: Oct 1 through April 30; landlord must maintain 65°F in all habitable rooms. Smoke detectors: required in each sleeping room and on each floor; landlord installs; hardwired with battery backup in new construction; battery acceptable in existing (16 Del. C. §6604). CO detectors: required in all residential units with fuel-burning appliances or attached garage (16 Del. C. §6605). Repair-and-deduct: yes — after written notice and landlord failure within 15 days; cap is $75 per repair. Notable: Delaware preempts local rent control. Wilmington has local housing code enforcement. Delaware's residential landlord-tenant code is one of the more detailed mid-Atlantic codes; landlord must provide written receipts for security deposits and comply with interest requirements.
Building Codes — Idaho (ID) Rental Housing
Building Codes — Idaho (ID) Rental Housing
Adopted code: Idaho State Building Code based on 2018 IBC/IRC. Habitability statute: Idaho Code §55-2002 (Residential Landlord and Tenant Act). Heating: landlord must provide working heating equipment; no specific minimum temperature by state law. Smoke detectors: required on each floor and outside each sleeping area; landlord installs; battery or hardwired (Idaho Code §39-6603). CO detectors: required in all residential units with fuel-burning appliances or attached garage (Idaho Code §39-6605). Repair-and-deduct: yes — after written notice and landlord failure within 3 days (emergency) or 30 days (non-emergency); cap is $300 or half month's rent. Notable: Boise has a local housing code enforcement program. Idaho preempts local rent control. No state income tax break specifically for rental income.
Building Codes — Iowa (IA) Rental Housing
Building Codes — Iowa (IA) Rental Housing
Adopted code: Iowa State Building Code based on 2018 IBC/IRC; local enforcement primary. Habitability statute: Iowa Code §562A.15 (Uniform Residential Landlord and Tenant Act). Heating: Sept 1 through June 1; landlord must maintain 68°F in all habitable rooms. Smoke detectors: required in each sleeping room, outside sleeping areas, and on each floor; landlord installs; battery or hardwired (Iowa Code §100.18). CO detectors: required in all residential units with fuel-burning appliances or attached garage (Iowa Code §100.35). Repair-and-deduct: yes — after written notice and landlord failure to repair within 7 days (or 24 hours for essential services); cap is $300 or half month's rent. Notable: Iowa City has strict local housing inspection program including annual inspections for rental properties. Iowa preempts local rent control.
Building Codes — Montana (MT) Rental Housing
Building Codes — Montana (MT) Rental Housing
Adopted code: Montana Building Codes Act based on 2018 IBC; enforcement is local. Habitability statute: MCA §70-24-303 (Montana Residential Landlord and Tenant Act). Heating: Oct 1 through April 30; landlord must maintain 68°F in all habitable rooms. Smoke detectors: required in each sleeping room, outside sleeping areas, and on each floor; landlord installs; battery or hardwired (MCA §50-61-101). CO detectors: required in all residential units with fuel-burning appliances or attached garage (MCA §50-61-102). Repair-and-deduct: yes — after written notice and landlord failure within 14 days; cap is $300 or one month's rent. Notable: Montana preempts local rent control. Billings and Missoula have local housing code enforcement programs. Montana's rental market is tightening rapidly due to population growth; enforcement capacity limited in rural areas.
Building Codes — Rhode Island (RI) Rental Housing
Building Codes — Rhode Island (RI) Rental Housing
Adopted code: Rhode Island State Building Code based on 2018 IBC. Habitability statute: RI Gen. Laws §34-18-22 (Residential Landlord and Tenant Act). Heating: Sept 1 through June 15; landlord must maintain 68°F in all habitable rooms. Smoke detectors: required in each sleeping room and on each floor; landlord installs; hardwired with battery backup required in buildings of more than 2 units; battery in single-family and duplex (RI Gen. Laws §23-28.1-5). CO detectors: required in all residential units with fuel-burning appliances or attached garage (RI Gen. Laws §23-28.1-5.1). Repair-and-deduct: yes — after written notice and landlord failure within 20 days; cap is $125 or one month's rent. Notable: Providence has a rental registration and inspection program. Rhode Island preempts local rent control. RI Department of Health has jurisdiction over minimum housing standards in addition to building code.
Building Codes — South Dakota (SD) Rental Housing
Building Codes — South Dakota (SD) Rental Housing
Adopted code: South Dakota State Building Code based on 2015 IBC; enforcement is local. Habitability statute: SDCL §43-32-8 (landlord's duty to maintain). Heating: Oct 1 through April 30; landlord must provide working heat; no specific minimum temperature. Smoke detectors: required in each sleeping room and on each floor; landlord installs; battery or hardwired (SDCL §34-32-1). CO detectors: not required statewide. No repair-and-deduct right. Tenant remedy: terminate lease after 5-day notice and failure to provide essential services; sue for damages. Notable: South Dakota preempts local rent control. Sioux Falls has local housing code enforcement. South Dakota has minimal residential landlord-tenant law compared to most states; courts rely heavily on common law.
City Building Codes — Denver, CO
City Building Codes — Denver, CO
Denver Community Planning and Development (CPD) enforces Denver Building and Fire Code, based on 2021 IBC/IFC with Denver amendments. Denver Residential Rental License: all residential rental units in Denver require a license from CPD; fee per unit; first-time rental units require inspection. Denver Minimum Housing Standards: incorporates IPMC with Denver additions; specific standards for heating, ventilation, and lighting. Heating: Denver requires 68°F minimum in all habitable rooms (local ordinance). CO detectors: CO Rev. Stat. §38-12-102.5 requirement applies. Denver Just Cause Eviction: adopted 2023 — landlords must state a valid reason from enumerated list for eviction after 12 months of tenancy. Denver Fair Housing: Denver Human Rights and Community Partnerships enforces local fair housing ordinance including source-of-income discrimination prohibition (Section 8 tenants must not be refused). Unique: Denver Short-Term Rental (STR): registration required; limited to primary residence only.

This tool provides legal information, not legal advice. Nothing on this site creates an attorney-client relationship. For advice about your specific situation, consult a licensed attorney in your state.