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A tenant who needs repairs in their unit should first notify their landlord. The landlord then has a chance to make sure the repair is made.
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.
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:
- Notice before: Before they hire someone to repair, the tenant must send the landlord a letter demanding that they fix the problem within 14 days. The letter should be signed, copied, and then sent via certified mail.
- Notice after: After the repair is made, the tenant must send the landlord a copy of the paid bill.
- Cost: The repairs must be $500 (or half the monthly rent, whichever is lower) or less. In Chicago, it's whichever number is greater. In Cook County, it is whichever number is greater. The amount must be reasonable.
- Professional: The tenant must hire someone who is a licensed, insured, professional. They must professionally do the work and should not be related to the tenant.
A tenant that lives in the following types of housing cannot repair and deduct:
- Public housing
- Condominiums
- Residential cooperative housing
- Commercial tenants
- Residences with six units or less, with the owner living in the property
- Mobile homes located in a mobile home park
A tenant cannot repair and deduct if they caused the damage on purpose or by being careless.
Note: In Chicago and suburban Cook County, instead of repairing and deducting, the tenant can reduce the rent they pay by the reduced value of the unit. They must still give 14 days' notice. Tenants should talk with a lawyer before [no-lexicon]withholding[/no-lexicon] any rent. Not paying the full rent can lead to an eviction case. If the conditions are so bad that the tenant cannot live there, other options could work better.Major issues
A landlord must make sure that a unit is habitable. If the unit is not habitable, the tenant may be able to break the lease.
There might also be local laws that provide other legal actions the tenant can take. In Chicago, the tenant can terminate the lease with 14 days' notice. The tenant must then move out within 30 days. In suburban Cook County, the tenant can terminate the lease with 14 days' notice. The tenant must then move out within 30 days.
Essential services and threats to health and safety
Some issues are so severe that they require an emergency response. This includes heat, electricity, and things that threaten health and safety. There may be local laws where you are about things a tenant can do about this, so you should talk to a lawyer if this applies to you. In Chicago, a tenant can find other housing and be excused from rent, withhold rent due to the decreased value of the property with 24 hours notice, or terminate the lease with 72 hours notice. If [no-lexicon]withholding[/no-lexicon] rent, the tenant should contact a lawyer to find out how much to withhold. In suburban Cook County, a tenant can:
- Find other housing and be excused from rent,
- Withhold rent due to the decreased value of the property with 24 hours notice, or
- Terminate the lease with 72 hours notice.
If [no-lexicon]withholding[/no-lexicon] rent, the tenant should contact a lawyer to find out how much to withhold.
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