Legal Question in Real Estate Law in Illinois

is there a law that prevents a landlord from renting a unit which has not been approved for occupancy and has no occupancy certificate?


Asked on 8/02/12, 6:44 am

2 Answers from Attorneys

Walter Palmer Law Office of Walter Palmer

I would think that there would be a local ordinance. That would be why the certificates are issued. Having said that these are not these laws are enforced by complaint. No complaint, no foul.

Personal story: my mother had a wing built onto our house. She moved in after it was finished, but the final inspection had been done. The inspector was surprised to see (a) furniture and (b) her in the wing. Because it was clear he was going to pass the construction he shrugged his shoulders and went on. If she had been renting the space he probably would have done something else.

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Answered on 8/02/12, 7:06 am

While your e-signature indicates you are in Chicago, you do not indicate where the property is located. It makes a difference.

Most communities can order a property vacated if it has not received an occupancy permit (and/or if there are severe enough code violations).

Some communities, including Chicago, Mount Prospect and Evanston, allow a tenant to cancel a lease if the rental unit has not been approved and granted an occupancy permit.

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Answered on 8/02/12, 7:11 am


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