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Landlord must keep the unit fit to live in, including making repairs in compliance with lease, law, local regulations, etc.

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They also need to make sure the facility is safe. Below are few examples of code violations:. Below are a few common tenant issues that are not considered code violations. If these are important to you, you may want to request them be completed prior to moving into the apartment and putting these requests into the lease.

Any time you have a repair problem, or any property maintenance issue including pests or rodents, report it in writing to your landlord.

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Describe the problem in detail. Be persistent if you do not get a response to your initial request including:. You should notify your landlord of any problems and give them a reasonable amount of time to make repairs before asking the city to inspect for code violations. When considering what is reasonable, keep in mind that if you do have to get the city involved, the city will typically give the landlord a minimum of 30 days to comply with any notice of violation.

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If you are considering withholding rent or moving out of a place, because of repair problems covered by codes, consult with an attorney at Student Legal Services. You will want to consult with an attorney who can potentially represent you in court if the landlord chooses to sue you for nonpayment of rent. If a repair is an emergency, as defined above, the repair may be performed after notice is given to the landlord without waiting an additional 14 days.

An error in judgment about what constitutes an emergency could cost you thousands of dollars, eviction and serious damage to your credit record. Many serious problems that a reasonable person would expect to be fixed within 24 hours do not constitute an emergency as defined above. For example, mold is not an emergency, even if you are allergic to it.

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The tenant is responsible for any damages to the premises caused by the tradesperson or supplier hired by the tenant. The tenant will not be entitled to the remedies provided for in this law if the tenant does not comply with all of the requirements of the law.

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The tenant may not assert as a defense to an action for rent or eviction that the rent was withheld under this law unless the tenant meets all the requirements provided for in this law. If you live in the City of Urbana, Urbana law allows you to use up to two months rent for repair and deduct, and some properties exempted under state law are covered by Urbana law; however, Urbana's repair-deduct law applies only to code violations cited by the city inspector and the time period is different.

Under Urbana's law, a tenant may not use rent money for repairs until after the housing inspector's deadline for compliance or any extension of that deadline has expired. The deadline is usually 15 days, but for certain violations, the city gives shorter deadlines.

Before you repair and deduct under Urbana's law, you must have a city inspection, send the landlord written notice of your intent to repair and deduct and wait until the deadline date stated on the notice of violation issued by the city.

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If you live within the city limits of Champaign or Urbana, your landlord is responsible for certain security measures. City codes require landlords to provide:. Many home invasions involve the intruder entering through a window or door that was left unlocked. Many second-story windows and balcony doors are accessible from the outside. Take note of any entry point for a potential intruder and treat it as though it were your front door. The Illinois Carbon Monoxide Detector Act requires every dwelling unit to have at least one approved carbon monoxide alarm in operating condition within 15 feet of every room used for sleeping purposes.

Alarms can be battery powered, plug-in with battery back-up or wired into the AC power line with a secondary battery back-up. The alarm can be combined with smoke detecting devices if the combined unit complies with specific standards and the alarm differentiates the hazard. However, it does not require a lessor to conduct radon testing. The Safe Homes Act ILCS is an Illinois law that allows victims of domestic or sexual violence to leave their rental housing early, before the end of their lease, to protect their physical safety and emotional wellbeing.

In certain circumstances, victims can also request an emergency lock change to keep the abuser out of the home. This law does not apply to tenants living in public housing but it does apply to tenants renting privately-owned housing even if the tenant has a portion of rent paid by a Section 8 voucher or some other form of government assistance.

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The victim must tell the landlord or their agent such as the property manager in writing that there is a real threat called "credible imminent threat" of future domestic violence or sexual violence happening on the premises. This may include inside the apartment unit, laundry room, backyard, parking lot, hallways, or the front and back entrances to the property.

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Other than the person's statement of a fear of future harm, no other proof, like a police report or court order, is necessary to give the landlord notice of leaving the apartment. This notice pdf must be given to the landlord or agent within three days before or after leaving the apartment. Victims of sexual violence, including sexual assault or sexual abuse, can leave their apartment without showing the credible, imminent threat. They must provide written notice pdf within 60 days of the sexual violence and include evidence such as:. Landlords may not retaliate against tenants for exercising their tenant rights such as requesting a city inspection.

It is against the law for a landlord to refuse to rent to you, to change the terms of an offer to rent, or to treat you differently during your tenancy for reasons that are considered discriminatory.

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The chart below indicates which laws protect people, depending on the reason for the discrimination. Sometimes a manager or owner will be very blatant about discrimination. Other times, particularly with discrimination based on race, the landlord might be more subtle. Perhaps you were told when you called that the place was available, but when you appeared in person, the story changed and the landlord said it was taken.

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A week later, you saw that the place was still being advertised in the newspaper. Or the landlord checks your credit, but rented to white tenants with no credit check.

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Whether the practice is blatant or subtle, discrimination is against the law and you can do something about it. Get as much information as you can about the situation — the name of the company or owner of the property; the address of the property; the advertisement from the newspaper; the manager's phone ; and any other information you know about the place.

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Filing a complaint does not cost you any money. You should file your complaint with Off-Campus Community Living and with every government office that has jurisdiction. If the problem is one covered only by local law, file your complaint with the local official and with Off-Campus Community Living.

The city in which the property is located, or the city in which the landlord's business is located, is the city where you should file your complaint.

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See contact information below. A landlord cannot refuse to rent to you on the basis of your having children or "too many" children unless the total of people occupying the apartment or house, including the children, is greater than the allowed by local zoning laws. If you use a family room, parlor or dining room as sleeping space for family members, you can count the square footage of those rooms to determine whether the house is large enough for your family. A kitchen, bathroom or hallway may not be used for sleeping purposes.

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Landlords may not raise the rent during a lease term, but they can raise the rent upon renewal. If you have a periodic rental agreement, they can raise the rent with notice. Landlords must follow the terms of the lease.

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They must provide notice if they will not be renewing your lease. For month to month it is 30 days.

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For year to year it is 60 days. Formal eviction is by court order only. A landlord must follow specific procedures required by law in order to evict a tenant. Those steps are:. A notice must be served in person or by certified or registered mail.

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That means the landlord knows the tenant has moved out. The notice should be ed and dated, but it does not have to be notarized or served by the sheriff. For non-payment of rent, the notice must demand the rent, stating the amount owed and must allow a minimum of 5 DAYS to pay the rent. If partial payment will not be accepted, the notice must say so. For any other breach of the lease, the notice must be for a minimum of 10 DAYS and should state the provision in the lease that the tenant has allegedly violated.

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If the eviction is for non-payment of rent, the tenant can solve the problem by paying the amount due within the 5 days of the notice. Sending a money-order by receipt-return mail is a good way to prove payment was offered. If payment is offered and rejected in person, the tenant should have a witness along who will be available to testify in court that rent was offered.

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An unrelated adult could be a witness, but certified mail is best. If full payment is demanded and the tenant makes a partial payment, the landlord can still sue to evict the tenant for the balance due. If the landlord agrees to accept partial payment, the tenant would be wise to insist that the landlord a statement promising not to evict the tenant in exchange for receiving partial payment. If the eviction is for some reason other than non-payment of rent, there may be no way to stop the landlord from proceeding with successful court action to evict, but it is always beneficial to see if the landlord will agree to settle the matter.

After the period of notice has passed, the landlord can file suit against the tenant. Usually the suit is for "possession" and some amount of money. If the landlord and tenant have ed a lease, the landlord might sue for past due rent and late charges plus the balance of rent that will become due.

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Court costs can be added and, depending on the lease, the landlord might sue for attorney's fees. The tenant would be wise to be represented by an attorney. Whether or not the tenant has legal representation, it is very important to show up at the time and date stated on the summons.

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If the landlord wins possession, the judge will order the tenant to move out by a certain date. In Champaign County, tenants are often ordered to move "immediately" or the next day after the court date.

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Some people assume they have 30 more days to move, but that is not the law. If the tenant does not move out after losing in court, the landlord can ask the Sheriff to enforce the court order and the tenant's belongings can be removed from the premises. If you move after receiving a notice the landlord can still sue you for the rent owed and possibly for future rent. ZIP: 61822 61820 61821 61824 61825 61826

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