In general, a tenant has the right to a safe, livable home, to have the landlord make necessary repairs to the property and to live in the home without interference by the landlord. A tenant cannot be discriminated against because of race, sex, religion, or a physical or mental handicap.

Before renting a home or apartment, the tenant hopefully will have visited the property, noting its condition and reporting any need for painting, cleaning and repairing. By recording conditions in writing, the tenant will have proof that he or she did not cause the damage. However, the landlord is not obligated to repair the damage reported unless it violates health or building codes.

Most tenants will be required to sign a lease, and they should make sure they understand all the terms before signing it. It is advisable to have a lawyer review the lease before signing it. The lease will clarify who pays for certain expenses, including repairs and utilities, whether pets and children are allowed, etc…  A tenant is obligated to pay rent on time, take reasonable care of the rental property and pay for any damage that may incur. This includes damaged caused by the tenant’s family or guests.

If a landlord has agreed to pay for such services as gas, electricity, water or garbage collection, and the landlord fails to make those payments, a tenant may be forced to choose to either terminate the service or pay the bill out of pocket. A tenant who pays for the services that are specified as the responsibility of the landlord may ask the landlord for reimbursement. Should the landlord refuse to pay, the tenant has the legal right to deduct the payments made for services from the rent. Only the actual amount paid for those services may be deducted, however.

A tenant who is planning to move should be paying rent in compliance with the lease or rental agreements, and proper notice should be given to the landlord according to the terms of the lease. Tenants have the legal right to remove all of their possessions, including any fixtures that have been installed such as a ceiling fan or light fixture - if they can do so without altering the property or making a structural change.

Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.