Renting a residential property can be challenging, especially when it comes to maintenance and repairs. The information below helps you understand your rights as an Illinois tenant and how to communicate with your landlord to make repairs. North Suburban Legal Aid Clinic provides free legal aid to tenants in north suburban Cook County and Lake County facing landlord-tenant issues like repairs, eviction defense, and lease terminations, as well as matters involving subsidized and public housing. 

What are my rights as an Illinois tenant?  

Under Illinois law, you have the right to a habitable living environment. This means your landlord must ensure your rental unit is safe, sanitary, fit for living, and in compliance with building codes. If your rental unit is experiencing issues such as a broken heating system, a leaky roof, or pest infestation, your landlord is legally obligated to address the problem. 

However, not all repairs are your landlord's responsibility. You may be responsible for any damage to your unit beyond normal wear and tear. If you break something or cause damage intentionally or negligently, you may be responsible for the cost of repairs. 

How should I report a repair to my landlord?  

As a tenant, it is your responsibility to report any needed repairs to your landlord as soon as possible. You should do this in writing, such as through an email, text or letter. If you can, include photos or videos that show the condition requiring repair. Remember to keep copies of all communication with your landlord.  This documentation can be helpful if disputes between you and your landlord ever arise. 

What constitutes an emergency repair in Illinois? 

An emergency repair is typically defined as any issue that poses an immediate threat to your health or safety. Common examples include: 

• No Heat in Winter 

• No Running Water 

• Gas Leaks 

• Electrical Hazards 

If your landlord fails to fix emergency repair issues, you may have the right to withhold rent, find other housing, be excused from rent, or terminate your lease. 

What if my landlord is not making other repairs that are not emergencies?  

If, after 14 days of being notified in writing, your landlord fails to make needed repairs, Illinois law allows some tenants to "repair and deduct". This means you can pay to have the repairs made by a licensed professional and deduct the cost from their rent. However, generally you can only repair and deduct up to $500 or half a month’s rent (whichever is less).  You cannot repair and deduct if you live in public or subsidized housing or live in owner-occupied rental properties containing 6 or fewer units.   

Navigating the repair and deduction process can be difficult. We strongly recommend speaking with a housing attorney to assess your housing situation and determine if the repair and deduct option is right for you, and how best to go about the process. 

What if my landlord retaliates after I ask for repairs? 

If you have complained to a governmental authority of a violation of a building code or health ordinance, your landlord cannot retaliate against you by terminating or refusing to renew your lease. If you are facing retaliation from your landlord, you have the right to seek legal action. 

What are the steps to take when my apartment needs repairs in Illinois?  

Document the Issue 

• Take photos or videos of the repair issue. 

• Note the date when the issue began. 

Notify Your Landlord 

• Send a written notice detailing the repair issue. 

• Include any relevant documentation, such as photos or videos. 

• Request a written acknowledgment of your repair request. 

Follow Up 

• If your landlord does not respond within a reasonable time frame, follow up with another written notice. 

• Keep a record of all communications and responses. 

Explore Legal Options 

• If repairs are still not addressed, consider contacting a housing attorney. For residents of north suburban Cook County and Lake County, NSLAC provides free housing legal aid to tenants facing housing issues.  

• You may also file a complaint with local housing authorities if your landlord continues to ignore necessary repairs. 

Local Illinois Housing Ordinances  

Some cities and counties may have local ordinances that cover repairs and tenant and landlord responsibilities. If you live in north suburban Cook County, here are a few to keep in mind:  

Cook County Residential Tenant and Landlord Ordinances 

Evanston Residential Tenant and Landlord Ordinances 

Mount Prospect Tenant and Landlord Ordinances 

Conclusion 

Understanding your rights as an Illinois tenant is essential to ensure that your landlord provides safe and habitable housing living.  If your landlord fails to address repair issues, and you qualify for free legal aid, North Suburban Legal Aid Clinic (NSLAC) may be able to assist. We help tenants in north suburban Cook County and Lake County.  

If you need housing legal assistance, please contact North Suburban Legal Aid Clinic (NSLAC) at 847-737-4042 or email info@nslegalaid.org. Interpreters are available upon request in all languages. Services are available regardless of immigration status.  

NSLAC also offers free legal services in the areas of immigration and domestic violence. 

The information in this blog is for informational purposes only and should not be construed as legal advice. No attorney-client relationship is formed between NSLAC and the reader. NSLAC is not liable for any action taken or not taken based on this blog. Readers should contact an attorney with any questions regarding the content.

Sources:  

1. Residential Tenants’ Right to Repair Act: Learn more about tenants' rights under the Residential Tenants’ Right to Repair Act on the Illinois General Assembly website.
2. Illinois Attorney General's Guide: For comprehensive information on landlord and tenant laws, refer to the Landlord and Tenant Rights and Laws guide provided by the Illinois Attorney General.
3. Repair Issues for Tenants: If your landlord isn’t making repairs, check out this guide on what to do if your landlord doesn’t make repairs from Illinois Legal Aid.
4. Cook County Renters' Rights: Understand your rights as a renter with the Cook County Renters Rights and Landlord Protections summary, published by the Cook County Commission on Human Rights.