Chicago Conditions: Withholding Rent under the RLTO

The Chicago RLTO states a tenant can withhold an amount that "reasonably reflects the reduced value of the premises due to the material noncompliance." 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 Chicago RLTO applies and a tenant wants to write a letter to withhold rent, they can use this app to create a 14-day letter.

What to Consider

• A tenant cannot withhold when the condition was caused by the tenant, the tenant's family, or the 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 RLTO, 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, the 14-day period ends January 14. The right to withhold starts January 15. By then, 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, 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, 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

• If the conditions are "not reasonably fit and habitable," a tenant might be able to terminate the lease with a 14-day letter under the RLTO. 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 under the RLTO. Click this link to explore that option or the proper link at the bottom of the page. 
• To explore other options outside of the RLTO, click this link or the proper link at the bottom of the page.