Tenant's Right to Quiet Enjoyment: Landlord Isn't Responding to My Concerns
You’ve tried to resolve the issue by contacting the landlord, but the landlord isn’t responding or taking things seriously. It can be frustrating when you’re facing an issue and your landlord isn’t helping.
Can I withhold a portion of rent?
It’s tricky. Breach by landlord does not automatically allow a tenant to withhold rent. The obligation to pay rent continues as long as the tenant lives in the leased premises.
- An Evanston tenant might be able to use the Evanston Residential Landlord and Tenant Ordinance. If the city cites a condition as a code violation, the tenant may send a 14-day letter to withhold a portion of rent first to notify the landlord about the conditions issues. If the landlord doesn’t resolve the issues, then the tenant may be able to withhold a bit of rent as long as the issues remain.
- If the quiet enjoyment is not cited as a code violation by the city of Evanston, then the tenant doesn't have the option to withhold rent due to the quiet enjoyment issues.
Can I get rent back for time they didn’t address the issue?
This may be difficult. To get compensation for the breach of the right to quiet enjoyment, a tenant would likely need to speak with a private attorney to file a lawsuit against the landlord for the breach of contract and ask for monetary damages.
Can I terminate the lease?
If the landlord has breached the lease by failing to meet their duties under the lease, certain remedies arise in favor of the tenant.
- An Evanston tenant might be able to use the Evanston RLTO. The tenant may send a 30-day letter to terminate the lease first to notify the landlord about the right to quiet enjoyment issues as a breach of the lease. If the landlord doesn’t resolve the issues, then the tenant may be able to terminate the lease.
- Suppose a landlord fails to maintain a leased residence in a livable condition. In that case, the tenant may be able to vacate the premises and terminate the lease under the theory of "constructive eviction."
If you want to withhold a portion of rent, it’s best to talk to a lawyer first. These rules are complicated, so it’s important to be careful.
The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney.