Secondhand Smoke Complaints: Illinois Renters’ Rights Guide

If you’re renting in Illinois and experiencing secondhand smoke from other units or common areas, it’s important to know your rights and options. While secondhand smoke can harm your health and comfort, there are state and local protections, as well as outlined complaint procedures, to help support renters facing these issues.

Understanding Secondhand Smoke Issues in Illinois Rentals

Illinois law does not explicitly prohibit smoking in private residential rental units statewide. However, many localities and housing authorities impose stricter rules, and landlords may set smoke-free policies in leases. Additionally, tenants have the right to a safe and habitable living environment, which may be affected by secondhand smoke.

• Smoke-Free Laws: The Illinois Smoke Free Illinois Act prohibits smoking in most public places and common areas of residential buildings but not inside individual units.
• Implied Warranty of Habitability: Illinois law, including the Illinois Residential Tenants’ Rights Act, requires landlords to keep rental properties in a safe and livable condition.

If secondhand smoke is making your home uninhabitable, you may have grounds to request action from your landlord or pursue further steps.

How to Address Secondhand Smoke Complaints as a Renter

Start by reviewing your lease for any no-smoking rules. If your building or unit is designated smoke-free, document each incident and communicate with your landlord in writing.

Step-by-Step Actions for Illinois Renters

• Keep a written log of each secondhand smoke incident (include date, time, and location).
• Gather evidence such as photos, witness statements, or medical notes if available.
• Notify your landlord or property manager in writing, clearly describing the problem and its impact on your health or enjoyment of your home.
• Request a timely remedy under Illinois’s habitability laws.
• If there’s no response, consider filing a formal complaint with local health departments or housing authorities.

Official Complaint Process and Forms

• Smoke-Free Housing Complaint Form (State/Local Level): For buildings covered by Smoke Free Illinois, tenants can submit a complaint regarding smoking in hallways or common areas to the Illinois Department of Public Health (IDPH).
  
  • Form Name: Smoke-Free Illinois Act Complaint Form
  • When to Use: Submit when others are smoking in prohibited common spaces (not within individual units).
  • Example: If you observe smoking in your apartment building lobby, fill out the Smoke-Free Illinois Act Complaint Form online or in paper format.
• Local Tenant Complaint Forms: In many cities (such as Chicago), you can also use local housing complaint processes. For Chicago tenants, complaints can be submitted using the city’s 311 Tenant/ Landlord Complaint System.
  • When to Use: Use when landlords do not address habitability issues, including persistent secondhand smoke violations that impact your health.
  • Example: If your landlord fails to address secondhand smoke in your unit after written notice, file a 311 complaint so the city may inspect your unit or mediate.
• Notice and Demand for Repairs (Sample Letter): Tenants may formally demand repairs or action under Section 5-12-110 of the Chicago Residential Landlord and Tenant Ordinance or Section 5-12-080 for unincorporated areas. While not a state form, you can find sample templates on official local government websites such as Chicago's Sample Letters to Landlords.

Your Rights and Responsibilities

As a renter in Illinois, you have the right to a habitable residence and to be free from unreasonable interference in your home. Landlords must address issues that significantly affect habitability—but not all smoking issues fall under this unless the problem is persistent, severe, or violates the lease.

• Your lease is your first reference: check for smoke-free provisions.
• Document all communication and submit written requests for repairs or changes to your landlord.
• If the issue is not resolved, escalate to the relevant local housing agency or tribunal.

Which Agency Handles Tenant Complaints in Illinois?

Illinois does not have a centralized residential tenancy tribunal. However, issues are often resolved by local agencies like the Chicago Department of Housing or through small claims court. For city tenants, the Chicago Department of Housing provides resources and enforces the Chicago Residential Landlord and Tenant Ordinance (RLTO). For state law, see the Illinois Security Deposit Return Act and the Illinois Code of Civil Procedure for habitability and rental disputes.[1][2][3]

Frequently Asked Questions

1. What should I do first if I have a secondhand smoke problem in my Illinois apartment?
   Start by documenting the issue and checking your lease for smoke-free clauses. Notify your landlord in writing with as much detail as possible.
2. Are landlords required to provide smoke-free housing in Illinois?
   No, unless otherwise agreed in your lease, there’s no state law requiring landlords to provide a smoke-free environment inside individual units. However, most prohibit smoking in common areas as required by the Smoke Free Illinois Act.
3. What if my landlord ignores my complaint?
   If your landlord does not resolve the issue after you follow proper procedure and provide notice, you may file a formal complaint with your city’s housing department or health department. Tenants in Chicago can use the 311 system to file a complaint.
4. Can I break my lease because of secondhand smoke?
   Possibly, but only in severe cases where the smoke makes your unit uninhabitable and the landlord fails to resolve the issue after adequate notice. Legal counsel may be necessary as this is a complex matter.
5. Which Illinois offices help renters with secondhand smoke or habitability issues?
   The Illinois Department of Public Health, local housing authorities (such as the Chicago Department of Housing), and city 311 services offer resources and complaint channels.

Key Takeaways for Illinois Renters

• Document all incidents and communicate with your landlord in writing about secondhand smoke.
• Use official complaint processes and forms, especially for smoke in common areas.
• Check your lease and local ordinances, as smoke-free housing policies can differ by city or landlord.

Be proactive and seek out local tenant advocacy groups or city housing departments if you need further help resolving your secondhand smoke concerns.

Need Help? Resources for Renters

• Illinois Department of Public Health (IDPH) — State-level complaints and Smoke-Free Illinois Act information.
• Chicago Department of Housing — Tenant help, sample letters, and RLTO enforcement.
• Chicago 311 Tenant/ Landlord Complaints
• Illinois Landlord and Tenant Laws — protections for renters statewide.
• If you live outside of Chicago, check with your city or county health or housing department for local complaint channels.

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1. Illinois Landlord and Tenant Act
2. Smoke Free Illinois Act
3. Chicago Residential Landlord and Tenant Ordinance (RLTO)

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