In a majority of the U.S. Postal Service ZIP Codes that encompass the greater Chicago area, fifty percent or more of the available housing units are tenant-occupied. Injuries to tenants occur for the same reasons as they do in owner-occupied dwellings. However, when a tenant is injured, he or she may have a claim for damages against the landlord.
Under Illinois common law, landlords generally are protected from liability for injuries occurring in the apartment, whether the victim is the tenant or a member of his or her family or a visitor. A landlord does, of course, owe a duty to its tenants to maintain in a reasonably safe condition areas not leased to the tenant, including common hallways, courtyards and sidewalks.
There are also several exceptions to this general rule of immunity. When one of these applies, the landlord may be held liable for injuries. These exceptions include cases in which:
Under Illinois common law, landlords generally are protected from liability for injuries occurring in the apartment, whether the victim is the tenant or a member of his or her family or a visitor. A landlord does, of course, owe a duty to its tenants to maintain in a reasonably safe condition areas not leased to the tenant, including common hallways, courtyards and sidewalks.
There are also several exceptions to this general rule of immunity. When one of these applies, the landlord may be held liable for injuries. These exceptions include cases in which:
- The injury results from a hidden (or “latent”) defect not readily discoverable by the tenant that existed at the time of leasing, provided the landlord knew or reasonably should have known of its existence.
- The landlord was under an independent legal duty repair the premises and failed to do so. This duty may arise as a matter of contract law under the terms of the lease or independently under federal or state statutes or a local building code.
- The landlord agrees make repairs and either fails to do so or completes them in a substandard manner.
- The landlord retains control over the apartment. Whether this has occurred is a question of fact under the circumstances. Thus, for example, the court in a tenant lawsuit involving injuries inflicted by another tenant’s dog found that the landlord’s threats to evict the dog owner in order to coerce removal of the dog did not mean he had retaken control of the apartment.
Effect of the Implied Warranty of Habitability
Under Illinois law, a residential landlord gives his tenants an implied warranty that the rental space will be generally suitable for human habitation. While a breach of this warranty (for example, failure to provide adequate heat) may allow the tenant to withhold payment of rent, in the absence of one of the exceptions above, it usually will not support a claim for personal injury or property damage.
Under Illinois law, a residential landlord gives his tenants an implied warranty that the rental space will be generally suitable for human habitation. While a breach of this warranty (for example, failure to provide adequate heat) may allow the tenant to withhold payment of rent, in the absence of one of the exceptions above, it usually will not support a claim for personal injury or property damage.
