Cook County (RLTO) Conditions: Legal Remedy of Repair and Deduct
The Cook County RTLO states that a tenant can notify the landlord in writing that they plan to make the repair on their own. The cost of repairs cannot be more than $500.00 or 1/2 month's rent, whichever is greater.
If the Cook County RTLO applies and a tenant would like to write a letter to repair and deduct, then you can use this app to create a 14-day letter.
What to Consider
- A tenant needs to hire someone or do the repair on their own. This requires a tenant to use their own time and money.
- A tenant needs to save the receipts and submit them to the landlord to deduct from next month's rent.
- If a tenant is not current on rent, then sending a 14-day letter to repair and deduct 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 the requested repairs.
Timing is important
The legal right to repair and deduct 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 repair and deduct starts January 15. By that time, a tenant might have had to pay January's rent, so the tenant can repair and deduct starting February.
- If a tenant sends a 14-day letter on January 14, then the 14-day period ends January 28. The right to repair and deduct starts January 29. A tenant can repair and deduct starting February.
- If a tenant sends a 14-day letter on January 20, then the 14-day period ends February 3. The right to repair and deduct starts February 4. By that time, a tenant might have had to pay February's rent, so a tenant can repair and deduct starting March.
Other Available Options
- A tenant might be able to make repairs or hire someone to withhold a portion from next month's rent with a 14-day letter under the RTLO. Click this link to explore that option or click the proper link at the bottom of the page.
- 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.
- To explore other options outside of the RTLO, click here or click the proper link at the bottom of the page.
The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney.