Illinois Renters: When Can You Refuse to Move In After Inspection?

Moving into a new rental in Illinois should give you peace of mind that your new home is safe, habitable, and meets all required standards. But what if, after conducting your move-in inspection, you discover major problems? This guide explains when you can legally refuse to move in after inspection, how Illinois law protects you, and what steps to take if something isn’t right.

Understanding Your Right to a Safe and Habitable Home

Illinois law requires landlords to provide a rental property that is safe, clean, and fit to live in—this is called the "implied warranty of habitability." If your inspection reveals conditions that violate this standard, you may have grounds to delay or refuse moving in.

• Serious safety hazards (like exposed wiring, broken doors or locks, pest infestations, or lack of heat/water) are valid reasons to reconsider moving in.
• Failure to disclose known major health and safety violations, such as lead-based paint hazards in units built before 1978, may also give you legal grounds to refuse entry.

Move-in Inspection: What to Look For

You have the right to inspect the rental before accepting the keys or signing the move-in checklist. Watch for:

• Missing smoke detectors or carbon monoxide alarms
• Plumbing or electrical problems
• Visible mold, pests, or structural issues
• Broken windows or unsecured entryways

If you find anything unsafe or unlivable, document it with photos and written notes. Illinois law empowers you to request repairs under the Illinois Security Deposit Return Act and local housing codes.^[1]

When Are You Allowed to Refuse to Move In?

You can legally refuse to move in after the inspection in Illinois if:

• The landlord fails to disclose lead-based paint hazards in units built before 1978, as required by federal and state law.^[2]
• There are major habitability violations (lack of heat, water, functioning toilet, serious safety hazards), or uncorrected code violations.
• The property is not in the condition promised in your lease agreement or rental ads.
• The landlord refuses to complete necessary repairs or address hazards identified in your inspection report.

It is important to act quickly: notify your landlord in writing, list the problems found, and request repairs or your deposit back. If the issues aren’t addressed, you are not required to take possession of an unsafe rental and may have the right to a deposit refund.

Required Forms and Reporting a Problem

Illinois Move-In/Move-Out Inspection Checklist

• Form Name: Move-In/Move-Out Inspection Checklist
• When to Use: Use this form when conducting the initial walkthrough before moving in. Both landlord and renter should sign and keep a copy. If you find problems, detail them here.
• Where to Find: Many local housing departments provide standard checklists. The City of Chicago (if renting in Chicago) requires one attached to the lease: Chicago Rental Inspection Checklist (official).^[3]

Lead-Based Paint Disclosure Form

• Form Name (Federal/State): Lead-Based Paint Disclosure (for units built before 1978)
• When to Use: Landlord must provide this before leasing. If you are not given this form (required by law), you may have grounds to refuse to move in.
• Form Link: Illinois Lead Disclosure Form (PDF)

Always keep copies of any inspection checklists or correspondence with your landlord regarding repairs. This documentation can support your case if you seek a refund or legal remedy.

What to Do If You Need to Refuse Move-In in Illinois

If you find unlivable or nondisclosed hazardous conditions, follow these steps:

• Notify your landlord in writing immediately, detailing the inspection findings.
• Request repairs or a timeline for correction. If no response, you may refuse to take possession.
• Request a full deposit and any prepaid rent be returned if you do not move in due to safety/code violations.
• If issues persist, file a complaint with your local housing authority, or contact your city’s building department.
• You may also seek assistance or file a claim with the Illinois Attorney General's Office if you believe your tenant rights are violated.^[4]

Relevant Tribunal and Legislation

For rental disputes or enforcement of tenant rights in Illinois, you can seek help from your local Circuit Court or housing department. In Chicago, you can contact the Chicago Department of Housing. For statewide legislation, refer to the Illinois Security Deposit Return Act and local municipal codes.^[1]

FAQs for Illinois Renters

1. Can I get my deposit back if I refuse to move in because of unsafe conditions?
   Yes. If you find serious safety or health hazards that violate Illinois habitability laws, and you do not move in, you can request a full refund of your deposit. Document everything in writing.
2. What if the landlord refuses to fix problems found in my inspection?
   If the landlord will not make critical repairs, you can delay move-in, refuse to take possession, or file a complaint with your local housing department.
3. Is a written inspection checklist required by law in Illinois?
   A checklist is highly recommended and required in some cities, like Chicago. It is your best evidence if a dispute arises about the home's condition.
4. Are landlords in Illinois required to disclose lead paint hazards?
   Yes. Landlords must provide a Lead-Based Paint Disclosure for units built before 1978 before you move in. Not receiving this form is a legal violation.
5. Where can I file a complaint if my landlord refuses to address unsafe conditions?
   You can contact your local city or county housing department, or file a complaint with the Illinois Attorney General's Office.

Key Takeaways: Your Rights When Moving In

• You do not have to move in if the home is unsafe or the landlord doesn’t follow disclosure laws.
• Always document move-in inspections and get written proof of disclosures.
• Request repairs or a refund in writing, and seek help from local housing authorities if needed.

Staying aware of your rights helps ensure you begin your tenancy on the right foot.

Need Help? Resources for Renters

• Illinois Security Deposit Return Act (Full Legislation)
• Illinois Attorney General's Office – Tenant Helpline
• Chicago Department of Housing (for renters in Chicago)
• Cook County Circuit Court (for rental disputes in Cook County)
• Illinois EPA: Lead-Based Paint Information

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1. Illinois Security Deposit Return Act (765 ILCS 710/)
2. Illinois EPA: Lead Safety and Disclosure
3. City of Chicago Rental Inspection Checklist
4. Illinois Attorney General – Tenant Help

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