House & Apartment

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. Use our Rental repair letter program to create a letter asking for the repair.

Note: A tenant who doesn't follow the rental repair process and stops paying rent because of the conditions in a home can be evicted for non-payment.

Repair and deduct

Who can repair and deduct

Most tenants in private rental housing can repair and deduct, unless they caused the damage on purpose or by being careless.

A tenant that lives in the following types of housing can't 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

How repair and deduct works

If the repair is required by law or by the lease, the landlord has 14 days (or less if it is an emergency) to fix the problem.

If the landlord doesn't complete the repair within that time, 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 the full amount of rent, the tenant can have the case dismissed. 

In Chicago and suburban Cook County, instead of repairing and deducting, the tenant can lower the rent they pay by the reduced value of the unit. They must still give 14 days' notice. Seek legal advice before taking this route. To find a lawyer, use Get Legal Help.

The rules for repairing and deducting

1. 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.
2. Professional: The tenant must hire a licensed, insured professional to do the repair. The professional shouldn't be related to the tenant.
3. Cost: The repairs typically must be $500 or less, or half the monthly rent, whichever is lower, except:
   • In Chicago, Oak Park, and suburban Cook County, it's whichever is greater.
   • In Evanston, it's under $200 or half the monthly rent, whichever is greater.
   • In Urbana, the cost can be up to two months' rent if the tenant notifies the Building Safety Division and follows other procedures. Seek legal advice to do this correctly. To find a lawyer, use Get Legal Help. You can also contact the Champaign-Urbana Tenant Union.
4. Notice after: After the repair is made, the tenant must send the landlord a copy of the paid bill.

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. The landlord can either fix the problem before the notice period is up or let the tenant leave.

• In Chicago, Oak Park, and suburban Cook County, the tenant can give 14 days' notice. If the issue isn't fixed in 14 days, the tenant must move out within 30 days.
• In Evanston, the tenant must give 30 days' notice for the issue to be fixed or the lease to end.

Landlords and tenants often disagree about what makes a unit uninhabitable. To find a lawyer, use Get Legal Help.

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. Landlords aren't generally responsible for utility outages that result from the utility supplier being unable to provide service.

Seek legal advice to use the following remedies correctly. To find a lawyer, use Get Legal Help.

• Chicago, Oak Park, and suburban Cook County landlords have between 24-72 hours to solve serious problems, and tenant remedies include finding other housing, withholding rent, or terminating the lease.
• Evanston landlords have 7 days to solve the problem after the tenant gives written notice. If the problem isn't fixed, the tenant can terminate the lease, deduct the cost of new services from their rent, find substitute housing and sue for the cost, or be excused from rent for that period.
• Mt. Prospect landlords have 36 hours after the tenant gives notice. The tenant can find other housing and be excused from rent, withhold rent due to the decreased value, or terminate the lease with 72 hours' notice.
• Urbana tenants must wait for the city's compliance period to end after they notify the landlord and the Building Safety Division. Then, if the problem isn't fixed, they can deduct the cost of new services from their rent, seek substitute housing, or, in some situations, end the lease after repeat violations. Contact the Champaign-Urbana Tenant Union for guidance.