Illinois law requires landlords to maintain rental properties in safe, sanitary, and livable condition. When an apartment becomes infested with roaches and the landlord fails to take meaningful action, that can breach the tenant’s right to a habitable home.
Most tenants in Chicago or suburban Cook County are protected by local rental ordinances. In Chicago, the Residential Landlord and Tenant Ordinance (RLTO) applies to most rental units. In the suburbs, the Cook County Residential Tenant and Landlord Ordinance (CCRTLO) covers most leases. Some exemptions exist under both laws.
If you live outside Cook County or in a unit that is exempt from these ordinances, Illinois common law still offers potential remedies – though the rules are more limited and less tenant-friendly.
This article explains when a roach infestation becomes a legal problem, what tenants need to prove, and how to safely terminate a lease without risking a lawsuit or losing a security deposit.
Key Takeaways
- A serious roach infestation can legally justify breaking a lease in Chicago, suburban Cook County, or under Illinois common law.
- Tenants must give proper written notice and document the infestation thoroughly – photos and videos are especially important.
- Local housing inspections can help, but they are slow and unreliable. Do not wait for the city or county to take action before asserting your rights.
- Hiring a lease break lawyer gives you the best chance of avoiding costly mistakes, protecting your deposit, and preventing a lawsuit for unpaid rent.
When Roaches Cross the Line: Habitability and Infestations
Under Illinois law, all tenants have a right to live in a habitable home. That includes the right to a unit that is clean, structurally sound, and free from conditions that threaten health or safety. A roach or two might not violate that standard. But a full-blown infestation – especially one that persists despite repeated complaints – can cross the line.
Legal Definition of Habitability
Habitability means more than just having heat and running water. In Chicago and Cook County, local ordinances require landlords to maintain units free from insect or rodent infestations. These rules are enforced through building codes, health inspections, and tenant remedies under the RLTO and CCRTLO.
Under the RLTO, landlords must “[maintain] the premises in compliance with the applicable provisions of the municipal code affecting health and safety” including pest control requirements in the Chicago Building Code. The CCRTLO has nearly identical language, requiring landlords to “[maintain] the premises in compliance with applicable building codes” and to address infestations properly.
Roach Infestations as a Breach of Habitability
Roach infestations are not just gross – they can also pose real health risks. According to the CDC and Cleveland Clinic, cockroach droppings and shed body parts are known triggers for asthma, particularly in children and people with respiratory conditions. Roaches can also spread bacteria that contaminate food and surfaces.
A court or housing inspector may find a breach of habitability where:
- Roaches are visible during the day or in multiple rooms
- Infestation persists despite landlord’s attempts at treatment
- The condition interferes with the tenant’s ability to safely use their home
One or two sightings in an older building might not justify legal action. But repeated roach activity – especially in kitchens, bedrooms, or bathrooms – can show that the problem is more than just cosmetic.
Whether an infestation gives you the legal right to break your lease depends on which set of laws apply to your rental. In Chicago and most of Cook County, tenant protections are clearly spelled out in local ordinances. Elsewhere, the rules fall back on Illinois common law. Understanding which framework applies is the first step toward asserting your rights.
What Law Applies to You? RLTO, CCRTLO, or Common Law
Tenant protections in Chicago and Cook County depend on where you live and whether your unit is covered by a local ordinance. Most tenants are covered by either the RLTO or CCRTLO, but some units are exempt. If your lease isn’t covered by one of these laws, your rights will fall under Illinois common law.
Chicago Tenants: RLTO
If you live in the City of Chicago, the Residential Landlord and Tenant Ordinance (RLTO) probably applies to your lease. This ordinance gives tenants clear rights when landlords fail to address serious problems like pest infestations. But some rentals are exempt – most notably, owner-occupied buildings with six or fewer units.
To find out if your unit is covered, visit our full guide to Chicago tenants’ rights
Suburban Cook County Tenants: CCRTLO
If you rent in a Cook County suburb, your lease is likely governed by the Cook County Residential Tenant and Landlord Ordinance (CCRTLO). Like the RLTO, it includes protections against serious habitability issues like roach infestations. However, this law also contains exemptions. The two most common are:
- Owner-occupied buildings with six or fewer units
- Certain single-unit rentals where the landlord only owns one rental property and recently lived there
For more on who’s covered, check out our complete Cook County tenant protections guide
Everyone Else: Common Law
If you rent outside of Cook County, or if your lease falls into one of the exemptions listed above, you’ll need to rely on Illinois common law. That typically means arguing that the infestation makes your home uninhabitable under general legal principles like constructive eviction or quiet enjoyment. These cases can still succeed, but the process tends to be more complex and less predictable.
Legal Rights Under the RLTO (Chicago Tenants)
For tenants in Chicago, the Residential Landlord and Tenant Ordinance (RLTO) provides strong legal protections when an apartment becomes infested with roaches. If your landlord fails to take effective action, the law gives you the right to break your lease early without penalty.
What the RLTO Says About Pest Control
Section 5-12-110 of the RLTO requires landlords to keep rental units in compliance with the Chicago Building Code. This includes exterminating insects and maintaining sanitary conditions in both individual units and shared spaces. A recurring or untreated roach problem is considered a serious violation of this duty.
If the infestation existed at the time the tenant moved in, Section 5-12-110(b) applies. This provision gives tenants the right to terminate the lease by providing proper notice. The law assumes the unit must be habitable at the start of the lease, and a landlord who delivers an infested unit may be held in breach from day one.
When Tenants Can Terminate a Lease
If the infestation begins or worsens after move-in, Section 5-12-110(a) outlines the process for early termination. The tenant must provide written notice describing the issue and giving the landlord 14 days to fix it. If the landlord fails to address the problem within that time, the tenant may legally end the lease.
This is not a gray area of the law. Courts and housing advocates widely agree that a serious roach infestation can support lease termination when the tenant follows the proper notice process. The key is to document the issue and show that the landlord had an opportunity to fix it but did not.
Tenants should take photos of the roaches, save copies of all written communication, and keep any pest control receipts or city inspection records. These materials help protect your rights if the landlord later claims you broke the lease without justification.
Rights Under the CCRTLO (Suburban Cook County Tenants)
For tenants in Cook County suburbs, the Cook County Residential Tenant and Landlord Ordinance (CCRTLO) provides protections that are very similar to Chicago’s RLTO. If your rental unit is covered, and you are dealing with a serious roach infestation, the ordinance gives you the right to break your lease if the landlord does not take proper action.
Landlord Duties Under the CCRTLO
Section 42-106(c) of the CCRTLO requires landlords to maintain the property in compliance with all applicable building, health, and safety codes. This includes taking steps to address insect or rodent infestations. If a landlord fails to resolve a serious pest problem, they may be in material violation of the lease.
As with the RLTO, the ordinance assumes that the rental unit must be habitable from the beginning of the tenancy. If the tenant moves into a unit that already has a roach problem, that alone may justify early termination under Section 42-105(e).
How Tenants Can Terminate the Lease
The CCRTLO allows tenants to terminate the lease if the landlord does not fix a major problem within 14 days of receiving written notice. The process is similar to what is required in Chicago:
- The tenant gives written notice explaining the roach problem and requesting repairs.
- If the landlord does not correct the issue within 14 days, the tenant may move out and treat the lease as ended.
Roach infestations that affect health or safety clearly fall within the type of problem this section is meant to address. Courts are likely to find that the landlord has materially breached the lease if they ignore documented complaints about roaches.
As always, tenants should keep records. This includes photos, pest control reports, copies of notices, and any responses from the landlord. These materials can be helpful if there is ever a dispute over whether the termination was justified.
Common Law Claims: Constructive Eviction and Lease Rescission
If you live outside Chicago or suburban Cook County, or if your unit is exempt from local tenant protection ordinances, your rights will be governed by Illinois common law. Although less specific than the RLTO or CCRTLO, the common law still provides ways for tenants to terminate a lease due to serious roach infestations. The two most relevant legal theories are constructive eviction and rescission.
What Is Constructive Eviction?
Constructive eviction occurs when a landlord’s failure to maintain the property forces the tenant to move out. The law treats this as if the landlord has effectively evicted the tenant, even though there was no formal eviction notice. Roach infestations can support a constructive eviction claim when they are severe enough to make the home uninhabitable.
Illinois courts have recognized constructive eviction in cases involving major disturbances to health and safety. For example, in JMB Properties v. Paolucci, the court acknowledged that ongoing nuisance conditions can justify leaving the property, though the tenant in that case was ultimately found to have waited too long before moving out.
The key to constructive eviction is timing. Tenants must move out within a reasonable period after the conditions become unbearable. Staying too long may result in a waiver of the claim.
When Rescission May Apply
Another possible remedy is rescission. This means the lease is canceled from the beginning because of a serious problem the tenant could not have reasonably known about in advance. If a roach infestation existed at the time of move-in and was hidden or misrepresented by the landlord, rescission may be available.
In Geist v. Lehmann, the court discussed rescission as a remedy when a buyer relied on misrepresentations about the condition of property. Although that case involved a home purchase, the same legal principle applies to leases: if the landlord misleads the tenant about a serious defect, the tenant may be entitled to cancel the contract entirely.
Both constructive eviction and rescission require strong documentation. Tenants should gather evidence of the infestation, report it to the landlord in writing, and act promptly if the situation does not improve.
Proving the Infestation: Evidence Matters
Whether you are relying on the RLTO, the CCRTLO, or common law, your right to break the lease depends on your ability to prove what is happening inside your home. Landlords often deny the extent of the problem. Courts and inspectors are not there to witness the infestation firsthand. That is why documentation is everything.
What Kind of Evidence Helps?
The more detailed your records, the stronger your legal position. Good documentation can discourage a landlord from ever filing a lawsuit. If they know a judge or jury is going to see graphic, time-stamped footage of a serious roach infestation, they may decide it is not worth the risk.
Video is especially powerful. Photos are useful, but videos give a clearer picture of the severity, movement, and scale of an infestation. A short clip of roaches crawling through kitchen cabinets or across the floor in broad daylight can speak louder than any written complaint.
In addition to video, collect and save:
- Pest control reports or receipts
- Written complaints sent to the landlord
- Text messages or emails that show the landlord’s lack of action
- Inspection records from the city or local health department
- Witness statements from roommates, guests, or neighbors
Keep everything organized and backed up. If you do end up in court, you want to be able to show that the infestation was real, the landlord knew about it, and they had an opportunity to fix it but failed to do so.
Calling in the City or County
Reporting a roach infestation to the city or local housing authority can be helpful, but tenants should not rely on this step as their main remedy. Inspections can take time, and the response depends heavily on the season and the municipality.
In Chicago, tenants can call 311 to request an inspection. In summer months, building inspectors are often more available and responsive to pest complaints. In winter, those same inspectors are frequently overwhelmed by heat emergencies and may not respond quickly to other issues.
In the suburbs, response times vary widely. Some municipalities have well-funded housing or code enforcement departments that act quickly and take tenant complaints seriously. Others have little capacity and may ignore tenant requests altogether.
If you are able to get an inspection, and it results in a written report or citation, that can be helpful in documenting your case. But do not wait for the city or village to act. A slow inspection process should not delay your 14-day notice or other steps to protect your rights under the RLTO, CCRTLO, or common law.
Why It Helps to Have a Lawyer
Breaking a lease because of roaches can be legally justified, but only if you follow the right steps. If you get it wrong, your landlord may sue you for thousands – or even tens of thousands – of dollars in unpaid rent. A lease break lawyer can help you avoid those risks and make sure you are protected throughout the process.
A Lawyer Can Help You Build a Strong Case
An experienced tenant attorney can guide you through the legal requirements for early lease termination. They can help you:
- Satisfy legally mandated notice requirements
- Document the infestation with photos, video, and pest control reports
- Communicate with your landlord in a way that preserves your rights
- Avoid common mistakes that lead to lawsuits
Landlords take tenants more seriously when a lawyer is involved. In almost all cases, the landlord accepts the lawyer’s notice of termination and does not pursue the tenant. However, if things do escalate, having an attorney on your side from the beginning puts you in a stronger position.
Do Not Take Chances with Your Lease
Landlords often do not take unrepresented tenants seriously. If the tenant fails to jump through all the required hoops, there is a real risk of being held liable for many months of unpaid rent. Even if the infestation was real, the law requires more than just proof of roaches. It also requires proper notice and procedure. Courts care about both the condition of the apartment and whether the tenant followed the legal process correctly.
A lease break lawyer can help you leave on solid legal footing and avoid costly mistakes. If you are dealing with roaches and your landlord is not taking action, contact Brabender Law to learn how we can help.