Cook County (RLTO) Conditions: Legal Remedy of Withholding Rent

When a landlord is not complying with the Cook County 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 Cook County RTLO applies and a tenant would like to write a letter to withhold rent, then a tenant 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, 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.