Illinois Statute regarding Repair of Residential Property
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Illinois Statute regarding Repair of Residential Property |
On January 1, 2005, a new law is effective in Illinois that allows residential tenants, in certain instances, to withhold a portion of their monthly rent and instead use that money to make repairs to a rental unit.
Conditions
For the tenant to repair and deduct, the circumstances must be as follows:
1) The repair is required under (a) a
residential lease agreement or (b) a law, administrative rule, or
local ordinance or regulation. For instance, a violation of the local
municipal building code would be an acceptable matter for repair;
2) The reasonable cost of the repair must not exceed the lesser
of (a) $500 or (b) one half of the monthly rent;
3) The tenant must notify the landlord in writing by registered or
certified mail indicating that the landlord has fourteen days to make
the repair or else the tenant will make the repair and deduct its
cost from the rent
4) If the landlord fails to make the repair within fourteen days
after notification by the tenant or more promptly in the case of an
emergency repair, the tenant can have the repair made;
5) The repair work must be done by an appropriate tradesman or
supplier and in a workmanlike manner, in accordance with appropriate
law, administrative rule or local ordinance or regulation. The
tradesman or supplier must (a) hold an appropriate license or
certificate as required by State or municipal law to make the repair
and (b) have adequate insurance to cover any bodily harm or property
damage caused by the tradesman's negligence or substandard
performance. Insurance is important, as the tenant remains
responsible for any damages caused by the tradesman or supplier;
6) The tradesman or supplier must be unrelated to the tenant;
7) Upon submission to the landlord of a receipt for the repairwork,
the tenant may deduct the amount of the repair from the rent. The
receipt must contain the name, address and telephone number of the
tradesman or supplier or, if not, the tenant must supply that
information to the landlord;
8) The item to be repaired must not be a condition caused by an
omission, deliberate act or negligent act of the tenant, the tenant's
family or any other person on the premises with the tenant's
consent.
Exceptions
The law does not apply to tenants in public housing, condominiums, co-ops, non-residential tenancies, property covered by the mobile home landlord and tenant rights act or to owner-occupied rental property consisting of six or fewer units.
Eviction Defense
A tenant may not be evicted by a landlord for failure to pay rent (that was subsequently deducted for a repair) if the tenant complies in full with the statute. Obviously, the statutory requirements are quite technical, so it is important to follow the rules by the letter of the law.
Text of Statute
RESIDENTIAL TENANTS' RIGHT TO REPAIR ACT
(765 ILCS 742/1)
Sec. 1. Short title. This Act may be cited as the Residential
Tenants' Right to Repair Act.
(765 ILCS 742/5)
Sec. 5. Repair; deduction from rent. If a repair is required under a
residential lease agreement or required under a law, administrative
rule, or local ordinance or regulation, and the reasonable cost of
the repair does not exceed the lesser of $500 or one-half of the
monthly rent, the tenant may notify the landlord in writing by
registered or certified mail or other restricted delivery service to
the address of the landlord or an agent of the landlord as indicated
on the lease agreement; if an address is not listed, the tenant may
send notice to the landlord's last known address of the tenant's
intention to have the repair made at the landlord's expense. If the
landlord fails to make the repair within 14 days after being notified
by the tenant as provided above or more promptly as conditions
require in the case of an emergency, the tenant may have the repair
made in a workmanlike manner and in compliance with the appropriate
law, administrative rule, or local ordinance or regulation.
Emergencies include conditions that will cause irreparable harm to
the apartment or any fixture attached to the apartment if not
immediately repaired or any condition that poses an immediate threat
to the health or safety of any occupant of the dwelling or any common
area. After submitting to the landlord a paid bill from an
appropriate tradesman or supplier unrelated to the tenant, the tenant
may deduct from his or her rent the amount of the bill, not to exceed
the limits specified by this Section and not to exceed the reasonable
price then customarily charged for the repair. If not clearly
indicated on the bill submitted by the tenant, the tenant shall also
provide to the landlord in writing, at the time of the submission of
the bill, the name, address, and telephone number for the tradesman
or supplier that provided the repair services. A tenant may not
repair at the landlord's expense if the condition was caused by the
deliberate or negligent act or omission of the tenant, a member of
the tenant's family, or another person on the premises with the
tenant's consent.
(765 ILCS 742/10)
Sec. 10. Exceptions.
(a) This Act does not apply to public housing as defined in Section
3(b) of the United States Housing Act of 1937, as amended from time
to time, and any successor Act.
(b) This Act does not apply to condominiums.
(c) This Act does not apply to not-for-profit corporations organized
for the purpose of residential cooperative housing.
(d) This Act does not apply to tenancies other than residential
tenancies.
(e) This Act does not apply to owner-occupied rental property
containing 6 or fewer dwelling units.
(f) This Act does not apply to any dwelling unit that is subject to
the Mobile Home Landlord and Tenant Rights Act.
(765 ILCS 742/15)
Sec. 15. Tenant liabilities and responsibilities. The tenant is
responsible for ensuring that:
(1) the repairs are performed in a workmanlike manner in compliance
with the appropriate law, administrative rule, or local ordinance or
regulation;
(2) the tradesman or supplier that is hired by the tenant to perform
the repairs holds the appropriate valid license or certificate
required by State or municipal law to make the repair; and
(3) the tradesman or supplier is adequately insured to cover any
bodily harm or property damage that is caused by the negligence or
substandard performance of the repairs by the tradesman or supplier.
The tenant is responsible for any damages to the premises caused by a tradesman or supplier hired by the tenant. A tenant shall not be entitled to exercise the remedies provided for in this Act if the tenant does not comply with the requirements of this Section.
(765 ILCS 742/20)
Sec. 20. Defense to eviction. A tenant may not assert as a defense to
an action for rent or eviction that rent was withheld under this Act
unless the tenant meets all the requirements provided for in this
Act.
(765 ILCS 742/25)
Sec. 25. Mechanics lien laws. For purposes of mechanics lien laws,
repairs performed or materials furnished pursuant to this Act shall
not be construed as having been performed or furnished pursuant to
authority of or with permission of the landlord.
(765 ILCS 742/30)
Sec. 30. Home rule. A home rule unit may not regulate residential
lease agreements in a manner that diminishes the rights of tenants
under this Act. This Section is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule units of powers and functions
exercised by the State.
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Please NOTE: Because the law of may change, amend, or abolish the law without notice, the statute provided here is not guaranteed to be an exact reproduction of the law at this time. The code provided here is for informational purposes only and should not be relied upon before taking any action. Please consult an attorney.
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