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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

Chicago, IL — Rental Program Details

Registration Required No
Inspection Program Chicago Residential Landlord-Tenant Ordinance (RLTO) + Chicago Building Dept.
Inspection Frequency On complaint; routine inspections for properties with violations history
Chicago RLTO (Mun. Code Ch. 5-12) requires: written lease for tenancies over 6 months, security deposit held in interest-bearing account, itemized move-in checklist, specific notice periods (10 days for non-payment), and right to repair-and-deduct. Applies to most rentals except owner-occupied buildings with 6 or fewer units. Buildings must comply with Chicago Building Code (Mun. Code Ch. 13-196).

Register your rental →

Governing Statute

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

Read the full statute →

Code Details — Chicago, IL

Relevant building code and habitability requirements from our corpus:

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.
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.
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 — North Dakota (ND) Rental Housing
Building Codes — North Dakota (ND) Rental Housing
Adopted code: North Dakota Building Code based on 2018 IBC; enforcement is local. Habitability statute: NDCC §47-16-13 (landlord's duties). Heating: Oct 1 through April 30; landlord must maintain 68°F in all habitable rooms. Smoke detectors: required on each floor and outside sleeping areas; landlord installs; battery or hardwired (NDCC §18-09-07). CO detectors: required in all residential units with fuel-burning appliances (NDCC §18-09-07.1). No repair-and-deduct right. Tenant remedy: terminate lease after 14-day notice and failure to repair essential services. Notable: North Dakota preempts local rent control. Fargo and Bismarck have local housing code enforcement. ND oil boom areas (Williston) have had acute housing shortages with limited code enforcement capacity.
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 — 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.
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 — 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.
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.