Oak Park (RTLO) Conditions: Legal Remedy of Repair and Deduct

The Oak Park RTLO states that a tenant can notify the landlord in writing that they plan to make the repair on their own. The cost of repairs cannot be more than $500.00 or 1/2 month's rent, whichever is greater. 

If the Oak Park RTLO applies and a tenant would like to write a letter to repair and deduct: (1) list the issues that need to be repaired and (2) state that the tenant will repair the issues themselves and deduct up to $500.00 or 1/2 month's rent if not fixed within 14 days.

What to Consider

• A tenant needs to hire someone or do the repair on their own. This requires a tenant to use their own time and money. 
• A tenant needs to save the receipts and submit them to the landlord to deduct from next month's rent. 
• If a tenant is not current on rent, then sending a 14-day letter to repair and deduct 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 the requested 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. By that time, a tenant might have had to pay January's rent, so the tenant can repair and deduct starting February. 
• 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. A tenant can repair and deduct starting February. 
• 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 might have had to pay February's rent, so a tenant can repair and deduct starting March. 

Other Available Options

• A tenant might be able to make repairs or hire someone to withhold a portion from next month's rent with a 14-day letter under the RTLO. Click this link to explore that option or click the proper link at the bottom of the page.
• A tenant might be able to terminate the lease with a 14-day letter to terminate the lease under the RTLO. Click this link to explore that option or the proper link at the bottom of the page. 
• To explore other options outside of the RTLO, click here or click the proper link at the bottom of the page.