Illinois Implied Warranty of Habitability Explained

Article written by Illinois Attorney Kevin O’Flaherty

In this article, we explain the implied warranty of habitability in Illinois leases. We answer the questions, what is the implied warranty of habitability?, what is the definition of “habitability” for the implied warranty of habitability in Illinois, and what is the remedy for breach of the implied warranty of habitability in Illinois?

For some foundational information, check out our previous article: Illinois Tenant Rights Explained.

What is the implied warranty of habitability?

The implied warranty of habitability is a legal doctrine created by Illinois case law. In every written or oral lease, Illinois courts imply a warranty on the part of the landlord that the property will be kept in a condition that is habitable. A leased premises must be fit for its intended use and habitable for living throughout the term of the lease.

What is the definition of “habitability” for the implied warranty of habitability in Illinois?

There is no hard and fast definition as to what constitutes a breach of the implied warranty of habitability. Courts make this decision on a case-by-case basis, by weighing the following factors:

• The nature of the problem with the property;
• The problem’s effect on habitability;