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This question came from one of our users:
WHAT CAN YOU DO IF YOUR LANDLORD IGNORES PLUMBING PROBLEMS IN ILLINOIS?
Under Illinois law, landlords must keep their rental properties fit to live in and make all necessary repairs. A failure to keep the leased home in a livable condition may be a breach of the landlord's "implied warranty of habitability."
Can I Deduct the Cost of Repair from My Rent?
The Residential Tenants' Right to Repair Act is found at 765 ILCS 742. Section 5 allows a tenant to have the repairs made and then deduct the cost of the repair from the rent only when certain requirements are met. These include:
- The repair is required under a residential lease agreement or by law.
- The reasonable cost of the repair does not exceed $500 and the customary charge for the service.
- The tenant must notify the landlord in writing by registered or certified mail of the tenant's intention to have the repair made at the landlord's expense.
- The landlord has 14 days from the notice to make the repairs or, more promptly as conditions require, in the case of an emergency.
- If the landlord fails to repair within 14 days, the tenant may have the repair made in a workmanlike manner and in compliance with appropriate laws.
- Emergencies include conditions that will cause irreparable harm to the apartment or any condition that poses an immediate threat to the health or safety of any occupant of the dwelling or any common area.
- The tenant must submit a paid bill and the contact information of the repairing company to the landlord.
- A tenant may not use this remedy if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family, or another person on the premises with the tenant's consent.
Individual jurisdictions, such as a county or city, may have their own landlord-tenant ordinances and housing codes that must be followed. An example is the Chicago Residential Landlord Tenant Ordinance, beginning at Chicago Municipal Code 5-12-010.
No Retaliation
Landlords are prohibited from retaliating against tenants for asking that repairs be made or complaining about housing code violations under the Landlord Retaliation Act, 765 ILCS 721.
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This information is for educational purposes and does not constitute an attorney/client relationship.
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