Understanding the Illinois Residential Tenants' Right to Repair Act

If the tenant's living conditions violate the lease or local laws, then a tenant can repair and deduct under the Illinois Residential Tenants' Right to Repair Act.

Exclusions

Certain types are not covered under this Act. These tenants cannot repair and deduct:

• Public housing;
• Residential cooperative housing;
• Condominiums;
• Rental property with 6 units or less, and the owner lives at the property;
• Mobile homes in a mobile home park.

Procedure for Requesting Repairs

Notice Before: A tenant who needs repairs in their unit should first notify their landlord in writing. The demand letter should (1) list all the issues that need to be fixed and (2) state that the landlord has 14 days to fix or else the tenant will do the repair at the landlord's expense. The landlord then has a chance to make sure the repair is made. 

• It must be signed and sent by certified or regular mail to the landlord's address found in the lease.
• If the tenant doesn't know the current address, the tenant must send it to the landlord's last known address.

Wait: If the repair is required by law, or by the lease, the landlord has 14 days (or less, if it is an emergency) to repair. If not, the tenant can "repair and deduct." This means they can pay to have the repair made, and then pay less rent the next month to cover the bill. 

Pay for the Repair: Repair and deduct up to $500.00 or 1/2 month's rent (whichever is less). The amount must be reasonable. Other local laws can change this amount:

• Urbana: The cost can be up to 2 months' rent, but only if the tenant first reports the issue to the Building Safety Division.
• Chicago, Evanston, Cook County, Oak Park:  The cost can be $500 or half the monthly rent (whichever is more). 

Notice After: After the tenant pays for the repair, the tenant must send the landlord a copy of the paid bill. Then, they can deduct from the rent.

Protection Against Eviction

If the landlord then tries to evict the tenant for not paying rent, the tenant can have the case dismissed. But only if the tenant follows the rules: (1) the tenant gave notice, (2) the tenant waited, (3) the tenant gave notice after by sending a copy of the paid bill, (3) the cost is no more than $500 or half the monthly rent, and (4) the tenant hired a licensed and insured profession that is unrelated to the tenant.