Understanding the Breach of Habitability

Illinois courts have decided that every lease has an implied warranty of habitability. That means the landlord has to keep the property in a condition that is habitable for living throughout the lease's term. 

What is a breach of "habitability"?

There is no clear definition. Courts decide on a case-by-case basis, weighing factors like: 

• The nature of the problem; 
• How the conditions issues affected habitability; 
• How long the problem has continued; 
• The age of the building; 
• The amount of rent that the tenant pays; 
• Whether the tenant notified the landlord and gave a reasonable time to correct the problems; and
• Whether the problems were caused by the tenant.

What options does a tenant have?

A breach of the implied warranty of habitability is treated like a breach of contract. Damages do not include personal injury. 

1. When a landlord does not make repairs, the tenant can send the landlord a written notice about the breach of the implied warranty of habitability. The letter should include:
   1. What needs to be repaired.
   2. What action the tenant plans to take.
2. A reasonable deadline before the tenant plan to take action. In Chicago, the law requires a tenant to wait 14 days, so 14 days would be reasonable. 
   1. Repair the issue and charge the cost of repair to the landlord; or
   2. Terminate the lease.
3. Other non-legal options include contacting the local Department of Buildings and elected officials.