Oak Park (RTLO) Conditions: Legal Remedy of Withholding Rent
When a landlord is not complying with the Oak Park RTLO's habitability standards, a tenant can withhold an amount which "reasonably reflects the reduced value of the premises." It is better to be conservative. A tenant may experience greater risk if they withhold more than 50% of the monthly rent even in the worst circumstances.
If the Oak Park RTLO applies and a tenant would like to write a letter to withhold rent, then a tenant should (1) list all the issues that need repair and (2) state that the tenant will withhold rent "reasonably reflects the reduced value of the premises" on the next rent payment date if repairs are not made in 14 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 tenant starts withholding rent, the landlord might not make repairs.
- If a tenant started to withhold rent because of the conditions before sending a 14-day letter to withhold 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 the tenant can, pay the withheld rent to become current and then send a 14-day letter to withhold.
- If a tenant is not current on rent, then sending a 14-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 a tenant requested repairs.
Timing is important
The legal right to withhold 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 withhold starts January 15. By that time, a tenant might have had to pay January's rent, so the tenant can withhold starting February.
- If a tenant sends a 14-day letter on January 14, then the 14-day period ends January 28. The right to withhold starts January 29. A tenant can withhold starting February.
- If a tenant sends a 14-day letter on January 20, then the 14-day period ends February 3. The right to withhold starts February 4. By that time, a tenant might have had to pay February's rent, so a tenant can withhold starting March.
Other Available Options
- 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.
- A tenant might be able to make repairs or hire someone to make repairs and deduct that from next month's rent with a 14-day letter to repair and deduct 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 this link or the proper link at the bottom of the page.