Numerous laws regulate residential rental relationships. State laws control security deposits and impose certain requirements on landlords. A new law recently enacted by the state government could have a profound impact on residential rental relationships.
The Landlord Retaliation Law that is now part of the state code enhances the legal protections extended to residential tenants. This new law prevents landlords from punishing those who assert their rights and creates legal recourse for tenants who have experienced illegal retaliation. Both landlords and tenants may need to be familiar with this new law to make use of their rights and avoid violations that could have significant consequences.
What rights do tenants have?
People who rent residential properties have certain baseline rights. Landlords should follow the terms included in their leases. They also have to ensure that the property conforms to the minimum standards established in state codes.
Tenants have a right to report significant property issues to the landlord or to state regulatory authorities. They can even involve the news media or post about their concerns on social media to draw attention to the issue and compel the landlord to respond.
Landlords should not penalize tenants who make use of that right. The new law specifically prohibits landlord retaliation when tenants utilize their legal protections. Retaliation from a landlord can take many different forms.
It may involve early lease termination or the refusal to renew a lease without any valid reason. Retaliation could also potentially involve an unfair and unreasonable increase in the amount of rent charged.
The law also protects tenants from landlords reducing the services that they provide or threatening to sue the tenants because of their protected actions. Generally speaking, landlords should not try to penalize tenants who have reported safety concerns, requested repairs or held their rent in escrow to compel the landlord to address issues with the property.
Landlords accused of violating the Landlord Retaliation Law and tenants dealing with the aftermath of asserting their rights may need help. Reviewing lease documents and other details of the situation with someone familiar with Illinois real estate laws can help people navigate a dispute related to a residential tenancy.