Mount Prospect Conditions: Legal Remedy of Withholding Rent

Under the Mount Prospect Landlord and Tenant Regulations, a tenant may withhold rent if the landlord fails to maintain the unit in good repair.

How does a tenant withhold rent based off poor conditions? 

After the Village cites a code violation, a tenant can send a 7-day demand letter to the landlord that they will withhold a portion of the rent "which reasonably reflects the reduced value" if repairs are not made. The amount withheld cannot be more than 75% of the monthly rent. 

The demand letter would list (1) all the issues that need to be repaired and (2) state that the tenant would withhold a portion of rent if the issues are not all fixed within 7 days. 

What to Consider

• A tenant cannot withhold when the condition was caused by the tenant, tenant's family, or tenant's guest.
• Even if a tenants starts withholding rent, the landlord might not make repairs.
• If a tenant withholds rent because of the conditions before sending a 7-day letter to withhold under the Mount Prospect Regulations, 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 7-day letter to withhold 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 withhold does not start until a tenant waits the full 7 days. 

• If a tenant sends a 7-day letter on January 1, then the 14-day period ends January 8. The right to withhold starts January 9. By that time, a tenant might have had to pay January's rent, so a tenant can withhold starting February. 
• If a tenant sends a 7-day letter on January 14, then the 7-day period ends January 21. The right to withhold starts January 22. A tenant can withhold starting February. 
• If a tenant sends a 7-day letter on January 25, then the 7-day period ends February 1. The right to withhold starts February 2. By that time, a tenant might have had to pay February's rent, so a tenant can withhold starting March. 

Other Available Options

• The tenant might be able to terminate the lease with a 14-day demand letter under the Mount Prospect Regulations. 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 Mount Prospect Regulations, click this link.