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This question came from one of our users:
"I had a break-in in July. I let my property manager know. They sent someone, but they left to get materials and didn't come back. Long story. Either way, no one came for 3 months. We have ledgers on the property app. Basically, who, what, where, and type. Anyway. It still is not fixed."
Landlords Responsibilites
In Illinois, landlords generally have 14 days to make necessary repairs after receiving written notice from a tenant. However, if the repair is deemed an emergency (such as in the case of a break-in) that affects the health and safety of tenants, the timeframe can be shorter. If the repair is a threat to health or safety (as mentioned above), the repair may be needed within 72 hours. If the landlord fails to make the repairs within the allotted timeframe, the tenant has several remedies to address the issue immediately.
The tenant may "repair and deduct." Generally, the tenant may make the repairs themselves by hiring someone to fix the issue and deduct the cost from the next month's rent after they submit the bill for the repair to the landlord. You must provide notice of the issue to your landlord that a repair needs to be made.
Let's take a closer look at the law below:
The Law: 765 ILCS 742/5 - Illinois General Assembly
If the landlord fails to make the repair within 14 days after being notified by the tenant as provided above or more promptly as conditions require in the case of an emergency, the tenant may have the repair made in a workmanlike manner and in compliance with the appropriate law, administrative rule, or local ordinance or regulation. Emergencies include conditions that will cause irreparable harm to the apartment or any fixture attached to the apartment if not immediately repaired or any condition that poses an immediate threat to the health or safety of any occupant of the dwelling or any common area. After submitting to the landlord a paid bill from an appropriate tradesman or supplier unrelated to the tenant, the tenant may deduct from his or her rent the amount of the bill, not to exceed the limits specified by this Section and not to exceed the reasonable price then customarily charged for the repair. If not clearly indicated on the bill submitted by the tenant, the tenant shall also provide to the landlord in writing, at the time of the submission of the bill, the name, address, and telephone number for the tradesman or supplier that provided the repair services.
Note: If the repair is needed due to the tenant being deliberately negligent (by acting or failing to act in a certain manner), the tenant may not repair the issue at the landlord's expense.
A tenant may not repair at the landlord's expense 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.
Seek legal advice on your specific issue and whether the break-in may be considered negligent on your part.
Generally, landlords in Illinois owe a duty of care to tenants to maintain a property that is reasonably safe and secure. This duty includes providing adequate security measures in order to protect tenants against foreseeable criminal activity. If a tenant is injured as a result of a break-in, the landlord may be liable for negligence.
Poor security measures, like poorly lit areas, inadequate locks, or a lack of security cameras, may be considered negligent if they contribute to a break-in that causes injury. Suppose the tenant has ignored the warning provided by the landlord regarding possible break-ins and has failed to secure the property despite the warnings. In that case, the tenant may not be able to repair the issue at the landlord's expense.
It is important to note that a landlord's liability for a break-in is often determined by whether the criminal act was considered foreseeable. If the landlord was made aware of prior criminal activity on the property or the immediate local area or received complaints about security concerns from tenants, the landlord may be found negligent if they failed to take appropriate action to secure the premises.
Example:
Landlord Agnes ignored repeated complaints from tenants Billy, Cindy, and Dan about the broken locks on the apartment door. Later in the week, a break-in resulted in injuries to tenant Elaine. The landlord could be held liable for negligence in this scenario.
Designed for general information use only. The content above does not constitute legal advice or the formation of an attorney/client relationship.
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