Understanding Essential Services: How to Notify Landlord About Failure

If the landlord fails to supply essential services, the landlord should be contacted immediately in writing. Essential services include heat, running water, hot water, electricity, gas, and plumbing.

How should the landlord be contacted?

To protect yourself in case your landlord decides to attempt legal action, a tenant needs to follow the proper procedures before taking action.

A tenant needs to send written notice to the landlord the correct way and (1) state what essential services are lacking and (2) request either the landlord to restore the services OR to pay for suitable substitute housing within the immediate vicinity until services are restored. This written notice can be sent by certified mail, regular mail, email, text, or personal delivery.

What options does a tenant have after sending written notice?

The tenant needs to wait 36 hours after the landlord receives the written notice before taking one of the following options:

• Substitute Service: What's missing? A tenant may get a space heater, bottled water, or other reasonable replacement for an essential service and deduct the cost from next month's rent. Best practice is to keep the receipts and provide copies to the landlord when making the deductions.
• Substitute Housing: If conditions force a tenant to find substitute housing (e.g., hotel, motel, or AirBnb), the tenant is excused from paying rent for as long as the lack of essential services exists. Also, the tenant may recover the cost of substitute housing, court fees, and moving expenses from the landlord in a lawsuit. Consult an attorney prior to exercising this remedy.
• Sue the landlord: Recover damages based on the decreased value of the rental property and costs and fees determined by the court.

Tenants may have other options as well:

• If the Village cites a code violation, a tenant might be able to withhold rent with a 7-day letter to withhold under the Mount Prospect Regulations. Click this link to explore that option 
• 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.