Evanston (RLTO) Conditions: Legal Remedy of Repair and Deduct

The Evanston RLTO states that a tenant can self-help for minor repairs when the landlord fails to make repairs.

How does a tenant make repairs and deduct from rent based off poor conditions? 

1. First, a tenant needs to decide whether the repairs will cost $200.00 or one-half (1/2) of the monthly rent, whichever is greater. 
2. Second, a tenant sends a 14-day demand letter to the landlord. The demand letter would list (1) all the issues that need to be repaired and (2) state that the tenant will pay for the minor repair (up to $200.00 or 1/2 of the monthly rent) and deduct that from next month's rent if the landlord does not repair within 14 days.
3. If the landlord does not make the repairs within 14 days, the tenant may pay for the minor work to be done. The tenant should notify other tenants about the repairs they will do if it is in a common area. 
4. After the tenant pays for the minor repairs, then the tenant will submit a receipt to the landlord and deduct that from the rent. 

What to Consider

• A tenant cannot repair and deduct when the condition was caused by the tenant, tenant's family, or tenant's guest.
• If a tenant repairs and deducts because of the conditions before sending a 14-day letter under the RTLO, then a tenant is not legally withholding rent. The landlord can give a tenant a valid 5-day notice for that unpaid rent and file an eviction.   
• If a tenant is not current on rent, then sending a 14-day letter has some risks. A landlord might start an eviction for non-payment of rent. The landlord might defeat a claim for retaliation by arguing that they were filing the eviction based on nonpayment of rent instead of because repairs.

Timing is important

The legal right to repair and deduct does not start until a tenant waits the full 14 days. 

• If a tenant sends a 14-day letter on January 1, then the 14-day period ends January 14. The right to repair and deduct starts January 15. If a tenant make the repairs before February 1, then the tenant gives the receipts to the landlord and deducts that amount from February's rent. 
• If a tenant sends a 14-day letter on January 14, then the 14-day period ends January 28. The right to repair and deduct starts January 29. If a tenant makes the repairs before February 1, then the tenant gives the receipts to the landlord and deducts that amount from February's rent. But, if a tenant makes the repairs in February, deduct that amount from March's rent. 
• If a tenant sends a 14-day letter on January 20, then the 14-day period ends February 3. The right to repair and deduct starts February 4. By that time, a tenant should have paid February's rent, so make the repairs and deduct that amount from March's rent. 

Other Available Options

• The tenant might be able to terminate the lease with a 30-day demand letter under the Evanston RLTO. Click this link to explore that option or the proper link at the bottom of the page.
• The tenant might be able to withhold rent with a 14-day letter to withhold under the RLTO. Click this link to explore that option or the proper link at the bottom of the page.
• If the tenant wants to explore other options outside of the Evanston RLTO, click this link.