Urbana — Ch. 12.5 Landlord-Tenant Relationships § 12.5-18
Landlord obligations—Maintenance of premises
Operative Text
(a) The landlord shall maintain the premises in compliance with all applicable housing codes of the city and shall promptly make any and all necessary repairs to fulfill that obligation, provided, however, that the tenant may knowingly and intentionally elect and agree to repair the premises to bring them into conformity with the applicable housing codes of the city. The burden shall be on the landlord to establish a knowing and intentional election on the part of the tenant to repair the premises in compliance with the applicable housing code. A mere recital in a form lease that tenant has covenanted to repair will not be sufficient, it being the intention of this article that any agreement with the tenant to repair be bargained for in fact. A separate hand-written paragraph in the lease showing: (1) That the tenant has been informed of this article and the existing code violations; (2) That he/she has affirmatively elected and bargained to repair the violations listed and other items listed; and (3) The inducement for such arrangements, will be prima facie evidence that such provision was entered into in good faith and was bargained for in fact. (b) Nothing in this article shall be interpreted so as to restrict the authority of city inspectors to cite a landlord for violation of building code provisions. (c) Before a tenant initially enters into or renews a rental agreement for a rental unit, the landlord or any person authorized to enter into a rental agreement on the landlord's behalf shall disclose to the tenant in writing any housing code violations which have been cited by the building official and which remain uncorrected for that rental unit and the common area of the premises. (d) This article shall not be interpreted as decreasing or diminishing the implied warranty of habitability as adopted by the Illinois Supreme Court.
Urbana Ch. 12.5 § 12.5-18 establishes that landlords are responsible for keeping rental premises in compliance with the city's housing codes and for making necessary repairs promptly. A tenant may voluntarily take on repair responsibilities, but only if that agreement is genuinely negotiated and documented — a standard lease clause is not enough to shift that burden. Before a lease is signed or renewed, any uncorrected housing code violations must be disclosed to the tenant in writing, and the provision does not reduce any habitability protections already recognized under Illinois law.
Plain English — not legal advice.
Under § 12.5-18, compliant operators maintain rental units and common areas in accordance with Urbana's housing codes and address repair needs without undue delay. If a landlord seeks to have a tenant assume repair obligations, the arrangement must be genuinely bargained for and documented with a separate handwritten lease paragraph that identifies the specific violations, confirms the tenant's informed and affirmative election, and states the consideration offered — a boilerplate lease recital will not satisfy this standard. Before any new or renewed rental agreement is executed, landlords are also expected to provide written disclosure of any outstanding housing code violations cited by the building official for both the unit and common areas.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 12.5-18 gives tenants in Urbana the right to receive written notice of any uncorrected housing code violations before signing or renewing a lease, and it places the legal burden on the landlord — not the tenant — to prove that any repair agreement was knowingly and voluntarily entered into. Tenants should be aware that a standard printed lease clause purporting to assign repair duties to them does not meet the requirements of this provision. If a landlord appears to be in violation of § 12.5-18, tenants may consider contacting the Urbana building official's office, raising the violation as a defense in relevant proceedings, or reaching out to a local tenant-rights organization to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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