Tenants in Illinois have a legal right to repairs for rental property issues which violate state health and safety standards. To exercise this right, a tenant must properly notify the landlord in writing and allow 14 days for the landlord to make repairs.
Illinois Landlord Responsibilities for Repairs
Illinois landlords are responsible for keeping all of the following in good working condition:
- Plumbing
- Heating
- Hot and cold water
- Roof and structure
- Common areas
- Anything required for local code compliance
- Anything impacting health, safety, or habitability
If any of the above stops working properly, and the tenant isn’t at fault for the damage, the landlord is the one responsible for making the repairs necessary to fix it.
What Repairs Are Tenants Responsible for in Illinois?
Illinois tenants are responsible for repairing any damage they deliberately or negligently cause to the premises.
Requesting Repairs in Illinois
Illinois tenants must request repairs by notifying the landlord of the issue through registered or certified mail only. To reserve the option to repair and deduct, the tenant must state this intention in the repair request.
An example of language a tenant might use to state this intention is: “If the issue isn’t fixed, the renter may in 14 days exercise his right to have repairs professionally done and deduct the cost from rent.”
How Long Does a Landlord Have To Make Repairs in Illinois?
Illinois landlords usually have 14 days to make repairs after getting a written request through registered or certified mail, although a shorter time period may be reasonable for emergencies.
Can the Landlord Refuse To Make Repairs in Illinois?
Illinois landlords can’t refuse to make repairs in most cases. The law isn’t clear on the landlord’s obligations when property is uninhabitable by code due to damage caused by the tenant, because landlords have to keep property habitable but don’t have to pay for repairs to damage the tenant causes.
Do Landlords Have To Pay for Alternative Accommodation During Repairs in Illinois?
Illinois landlords are not required to pay for alternative accommodation while they conduct repairs.
Tenant’s Rights if Repairs Aren’t Made in Illinois
Illinois tenants have the option to repair and deduct costs up to half the monthly rent or $500 (whichever is less) when repairs aren’t made. For situations where this isn’t applicable or practical, the tenant’s primary option is to report the landlord to local code compliance authorities.
Can the Tenant Withhold Rent in Illinois?
Illinois tenants are never allowed to withhold rent payments completely. In some rare cases, the tenant may be able to withhold a percentage of the rent, but without getting a signed rent settlement from the landlord, this usually risks eviction.
Can the Tenant Repair and Deduct in Illinois?
Illinois tenants may arrange for repairs and deduct up to $500 or half the monthly rent (whichever is less). The tenant must give notice of this intention through registered or certified mail and wait 14 days. After that, the tenant can have repairs professionally done.
Can the Tenant Break Their Lease in Illinois?
Illinois tenants usually aren’t allowed to break a lease. The only exception is when a landlord’s failure to keep his obligations under the rental agreement substantially prevents the intended use of the property, and the tenant subsequently moves out. This is called constructive eviction and breaks the lease.
Can the Tenant Sue in Illinois?
Illinois tenants can sue for repairs that don’t fall under the repair-and-deduct statute, assuming they are current on the rent. Paying rent is the tenant’s obligation, so a tenant keeping his promise to pay rent can sue the landlord for breach of his obligations if he fails to repair.
Can the Tenant Report the Landlord in Illinois?
Illinois tenants can report landlords for code violations that affect health or safety. Tenants should usually report to the local inspections or code enforcement department. If an inspecting officer finds a violation, the tenant could sue to force repairs.
Landlord Retaliation in Illinois
Illinois landlords aren’t allowed to retaliate using raised rent, reduced services, eviction, or lease cancellation against tenants who have, in good faith, taken one of the following protected actions:
- Complaining to the landlord or the government about failure to maintain the property
- Participating in a tenant organization, including asking for assistance with a landlord violation
- Pursuing rights or remedies given by Illinois landlord-tenant laws
- Testifying in court or an administrative proceeding against the landlord
- Exercising any other lawful right or remedy
The law allows an exception when the landlord can prove a non-retaliatory, good-faith reason for the alleged retaliatory action. For example, a landlord who raises rent proportionately in response to a large increase in property tax is not retaliating, even if a tenant has recently complained about maintenance.
Sources
- 1 765 ILCS 742/5 (2022)
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Reasonable notice in Illinois is case by case but generally determined off the baseline provided in the right to repair statute:
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If a repair is required under a residential lease agreement or required under a law, administrative rule, or local ordinance or regulation… the tenant may notify the landlord in writing by registered or certified mail or other restricted delivery service… 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.
Source Link - 2 Glasoe v. Trinkle, 107 Ill. 2d 1, 10-11 (Ill. 1985)
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“[T]he implied warranty of habitability applies to all leases of residential real estate regardless of the existence of housing or building codes… the existence of housing code violations is only one of several evidentiary considerations that [enter] into the materiality of the breach.” Glasoe v. Trinkle, 107 Ill. 2d 1, 10-11 (Ill. 1985) See also Rotheimer v. Arana, 384 Ill. App. 3d 569, 582 (Ill. App. Ct. 2008) (“A tenant is entitled to raise the landlord’s breach of the warranty of habitability as a defense in a residential eviction action, because each residential lease implies a warranty of habitability which can be fulfilled by compliance with the local building ordinances.”)
Source Link - 3 Prairie State Legal Services, Renter’s Handbook 27 (Jan. 2021 ed.)
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No statute or case lays out exact requirements for habitability in Illinois. However, guidance provided by a prominent tenant advocacy group describes the general expectations:
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Generally, ‘livable condition’ means that the unit you are renting should be free from housing code violations. If you are living in an area that does not have a housing or building code, the unit you are renting should at least have heat, hot and cold water, no leaks in the roof, and a solid structure; be free from bugs, rats and mice; and be safe from hazardous conditions.
Source Link - 4 425 ILCS 60/3(a) (2022)
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More specific requirements are detailed in the statute, but smoke detectors are required in all dwellings without exception:
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Every dwelling unit or hotel shall be equipped with at least one approved smoke detector in an operating condition.
Source Link - 5 430 ILCS 135/10(a) (2022)
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Every dwelling unit shall be equipped with at least one approved carbon monoxide alarm in an operating condition within 15 feet of every room used for sleeping purposes. 430 ILCS 135/10(a) (2022) Case by case exceptions are allowed, as approved by the local building commissioner; see 430 ILCS 135/20 (2022).
Source Link - 6 765 ILCS 742/5 (2022)
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[Landlords need not pay for repair where] 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.
Source Link - 7 765 ILCS 742/5 (2022)
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If a repair is required under a residential lease agreement or required under a law, administrative rule, or local ordinance or regulation… the tenant may notify the landlord in writing by registered or certified mail or other restricted delivery service to the address of the landlord or an agent of the landlord as indicated on the lease agreement; if an address is not listed, the tenant may send notice to the landlord’s last known address of the tenant’s intention to have the repair made at the landlord’s expense.
Source Link - 8 765 ILCS 742/5 (2022)
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If the landlord fails to make the repair within 14 days after being notified by the tenant as provided above [that the tenant will deduct for a repair amounting to the lesser of $500 or half monthly rent] 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.
Source Link - 9 765 ILCS 742/5 (2022)
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The only statutory remedy at the statewide level for a failure to repair is the repair-and-deduct remedy specified in 765 ILCS 742/5 (2022). For more expensive repairs, the tenant has very limited options. Rent withholding is occasionally permitted by courts but is not a consistent or dependable remedy. As such, the tenant’s only other reliable option is to report violations to the government, since this is a protected act under 765 ILCS 720/1 (2022). A lawsuit is possible, but almost always risks eviction.
Source Link - 10 Shaker and Associates v. Medical Tech. Group, 315 Ill. App. 3d 126, 134 (Ill. App. Ct. 2000)
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Constructive eviction is something of a serious and substantial character done by the landlord with the intention of depriving the tenant of the enjoyment of the premises. There need not be an express intention on the part of the landlord to so deprive the tenant, for persons are presumed to intend the natural and probable consequence of their acts. A tenant is justified in abandoning the premises if the landlord’s breach of the covenant to repair makes them unfit for the purpose for which they were leased.
Source Link - 11 People ex Rel. Dot v. Cook Develop. Co., 274 Ill. App. 3d 175, 180 (Ill. App. Ct. 1995)
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“A lessee’s obligation to pay rent continues as a matter of law, even though the lessee may ultimately establish a right to rescind the lease, vacate the premises, or obtain other relief.”
Source Link - 12 765 ILCS 721/5
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It is declared to be against public policy of the State for a landlord to take retaliatory action against a tenant. A landlord may not knowingly terminate a tenancy, increase rent, decrease services, bring or threaten to bring a lawsuit against a tenant for possession or refuse to renew a lease or tenancy because the tenant has in good faith done any of the following:
(1) complained of code violations applicable to the premises to the relevant governmental agency, elected representative, or public official charged with responsibility for enforcement of a building, housing, health, or similar code;
(2) complained of a building, housing, health, or similar code violation or an illegal landlord practice to a community organization;
(3) sought the assistance of a community organization to remedy a code violation or illegal landlord practice;
(4) complained or requested the landlord to make repairs to the premises as required by a building code, health ordinance, other regulation, or the residential rental agreement;
(5) organized or become a member of a tenants’ union or similar organization;
(6) testified in any court or administrative proceeding concerning the condition of the premises; or
(7) exercised any right or remedy provided by law.
Source Link - 13 765 ILCS 721/15 & 721/20
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Sec. 15. An action is not retaliatory if the landlord can prove a legitimate, non-retaliatory basis for the action; or the landlord began the action before the tenant engaged in the protected activity.
Sec. 20. In an action by or against the tenant, if within one year before the alleged act of retaliation there is evidence that the retaliation was against tenant’s conduct that is protected under this Act, that evidence creates a rebuttable presumption that the landlord’s conduct was retaliatory. The presumption does not arise if the protected tenant activity was initiated after the alleged act of retaliation.
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