House & Apartment

Housing providers must maintain their property in a safe and habitable condition. Generally, private landlords have to restore the unit to a functional condition whenever:

• Repairs are needed,
• The tenant or any other people they invited to the property did not cause the situation, and
• The issue is within the landlord’s control (for example, a utility company did not turn off service to make repairs).

For people who pay rent with a Housing Choice Voucher (HCV), ask for written permission from the local Public Housing Agency (PHA) before allowing a tenant to make repairs instead of the landlord.

Other tenants in private housing may help with repairs the housing provider would otherwise have to make:

• In the repair and deduct process, if the landlord does not make repairs by the deadline, and the tenant hires a professional, and
• By negotiating an agreement in good faith, that is written down separately from the standard lease, and for appropriate compensation.

Some areas have local rules for agreements to have the tenant do repairs instead of the landlord. These include DeKalb, Evanston, Mt. Prospect, Oak Park, Urbana, and suburban Cook County. 

Repair problems can escalate to lockouts, eviction, and retaliation claims. Talk to a lawyer before reducing the amount of rent paid or moving out. To find a lawyer, use Get Legal Help or contact:

• Eviction Help Illinois statewide, or
• Cook County Legal Aid for Housing and Debt in Cook County.

Illinois housing providers cannot force a tenant out for requesting repairs. The Landlord Retaliation Act allows all Illinois tenants to:

• Request repairs,
• Contact relevant public officials and government agencies,
• Talk to community organizations,
• Organize or join tenants’ unions,
• Testify in court or administrative hearings about building conditions, and
• Exercise all legal rights and remedies.

Housing providers can still start eviction cases due to:

• Unpaid rent (learn more about Dealing with unpaid rent),
• Lease violations or criminal activity (read about Addressing lease violations),
• Overstaying the end of a lease, and
• Unauthorized occupancy (see Written eviction notices).

However, the landlord may have to prove that their action was not retaliatory. This only applies when:

• The action is taken against a tenant,
• After the tenant exercised their rights, and
• Within one year of the tenant's protected activity 

If the landlord cannot prove a legitimate reason for their action, the tenant has legal rights. The tenant can ask a judge to:

• End the lease,
• Allow them to stay in the unit and continue to pay rent,
• Award the tenant 2 months’ rent or 2 times the cost of the situation, and
• Require the landlord to pay the tenant’s attorney’s fees.

The Landlord Retaliation Act does not prevent landlords from selling a building, defaulting on a loan (leading to foreclosure), or failing to pay property taxes. Tenants and other occupants can be evicted in foreclosure and property tax sale cases.

Generally, private landlords have 14 days to fix problems when:

• The situation is not an emergency (learn more about Lockouts and emergency repairs), and
• The repair is required by law or a written lease.

Evanston landlords have 10 days.

Other deadlines may be set by:

• A written lease,
• Local building departments (including Mt. Prospect Code Enforcement and Urbana Building Safety Division, which set timelines for landlords to respond), and
• For people who pay rent with a Housing Choice Voucher (HCV), the local Public Housing Agency (PHA).

Sometimes a problem takes more time to fix. For example:

• No one is available to do the work right away, or
• Supplies have to be ordered.

Tenants and landlords can agree on temporary solutions, like covering a broken window with plywood. The landlord is responsible for:

• Communicating about the steps taken,
• Continuing to address the issue (like getting a new window to replace a temporary plywood panel), and
• Respecting tenants’ legal rights, which include talking to tenants’ unions, government agencies, and journalists about the problem.

Talk to a lawyer before reducing the amount of rent paid or moving out. To find a lawyer, use Get Legal Help or contact:

• Eviction Help Illinois statewide, or
• Cook County Legal Aid for Housing and Debt in Cook County.

Landlords are not required to provide notice before entering a unit for emergency repairs.

For non-emergency repairs, landlords and tenants can agree on access. A written lease may also have rules about when landlords and service providers can enter the unit to do repairs.

Some areas in Illinois also have local laws about notice for non-emergency repairs:

• Chicago, Evanston, Oak Park, and suburban Cook County landlords must give 2 days’ notice,
• Urbana landlords must give 24 hours’ notice, unless they are entering within 14 days of a written repair request, and
• Mt. Prospect landlords must give reasonable notice.

Many property owners can make minor repairs themselves, like changing a window screen. Licensed professionals may be needed for electrical, gas, plumbing, structural, and other major repairs.

The work must be done safely and comply with local building code requirements. For people who pay rent with a Housing Choice Voucher (HCV), the repair must meet inspection standards.

Regardless of who performs the work, the housing provider must make sure the repair is done correctly. If the person hired does not complete the entire job, the landlord must still arrange for the repair to be done promptly. 

Before the repair is made, take photos or video of the issue showing:

• The problem, and
• That the area is accessible and ready for repair.

These photos and videos may become public in a court case if there is a dispute about the repair. Pay attention to what else can be seen or heard. Try not to show:

• Sensitive, expensive, or highly personal items (like medications, computers, or weapons),
• Papers with personal information like birthdates or social security numbers,
• Unauthorized pets, or
• People’s images or voices, unless their presence is necessary.

Keep dated records of repair requests, receipts, and contractor information. Take another set of photos and videos after the repair is complete.

Tenants who pay rent with a Housing Choice Voucher (HCV) can request repairs by:

• Notifying the housing provider, and
• Sending the landlord a Rental repair letter by certified mail.

Tenants with an HCV can also tell:

• The local building department (including Mt. Prospect Code Enforcement and Urbana Building Safety Division, which set timelines for landlords to respond), and
• The local Public Housing Agency (PHA),

If the problem is life-threatening, the PHA:

• Must inspect within 24 hours after the tenant tells them about the problem, except in extraordinary circumstances (like a natural disaster), and
• Notify the owner if a life-threatening issue is confirmed.

The landlord must fix life-threatening issues within 24 hours of the PHA’s notification.

For all other problems, the PHA:

• Must inspect within 15 days, and
• Notify the owner if the issue is confirmed.

The landlord must fix non-emergency issues confirmed by the PHA within:

• 30 days of the PHA’s notification, or
• If the PHA grants a time extension, before the new deadline.

If this does not happen, contact the PHA again and request a “complaint inspection.” The PHA can follow up with the landlord about repair concerns and:

• Recover overpayments,
• Stop housing assistance payments, or
• Terminate the contract if repairs are not made. 

Read the Housing Assistance Payments (HAP) Contract and Tenancy Addendum for more information.

Some private housing tenants can repair and deduct unless the tenant, their guest, or a person under their control caused the damage (whether on purpose or by being careless). Repair and deduct does not apply to tenants in:

• Public housing,
• Condominiums (unless in Chicago, and the condominium association has elected to adopt rent and deduct),
• Residential cooperative housing,
• Commercial tenants,
• Residences with six units or less, where the owner also lives on the property, and
• Mobile homes located in a mobile home park.

These rules are in section 10 of the Residential Tenants' Right to Repair Act.

Use the Rental repair letter Easy Form program for help:

• Figuring out local repair rights, and
• Writing a letter to send to the landlord by certified mail.

Repair and deduct is a way for many Illinois tenants to get problems fixed by:

• Sending the landlord a Rental repair letter by certified mail,
• Waiting the required amount of time (usually 14 days),
• If the repair is not done after the waiting period, paying for a professional to do the repair,
• Providing the landlord with a copy of the paid bill, and
• Deducting some or all of the bill (depending on local law) from their next rent payment after the repair is completed.

Under state law, tenants who use repair and deduct can only use certain professionals to do the repair. The service provider:

• Must hold a valid license or certificate required by state or municipal law,
• Must be adequately insured to cover any bodily harm or property damage caused by negligence,
• Must complete the repair in a “workmanlike manner,” meaning that the repair meets industry or professional standards, and
• Cannot be related to the tenant.

Tenants cannot do the repair themselves and use repair and deduct to bill for their own labor.

Statewide, tenants can typically deduct the lower of:

• The repair bill, up to $500, or
• Half the monthly rent.

Other rules apply in specific areas:

• In Chicago, Oak Park, and suburban Cook County, the amount is whichever is greater.
• In Evanston, the amount is 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. 

Keep thorough records in case the landlord disputes the rent reduction or repair. A landlord may file an eviction case against a tenant for:

• Unpaid rent, if the landlord disputes the reduction of rent (learn more in Dealing with unpaid rent), or
• A lease violation, if the landlord disputes the repair (learn about Addressing lease violations).

Illinois law allows the tenant to have the eviction case dismissed if:

• Repair and deduct applies to the property, and
• They followed the rules to repair and deduct.

Protect against problems by keeping:

• Photos or videos of the problem before and after the repair,
• Copies of all communications with the landlord (letters, emails, texts) showing that the landlord was notified and given the required time to fix the issue,
• A paid receipt or invoice from a qualified professional,
• The name, address, and phone number of the person who performed the repair,
• A copy of the written notice the tenant sent before making the repair,
• The certified mail receipt from sending the written notice, and
• A copy of the follow-up notice sent after the repair, including the receipt.

A tenant may be able to end a lease when:

• Serious problems make the property unsafe or uninhabitable,
• The issue is within the landlord’s control,
• The tenant, their guest, or someone else under their control did not cause the situation,
• The tenant has given the landlord written notice of the problem, and
• The landlord has not fixed the problem within the time allowed by law.

For people who pay rent with a Housing Choice Voucher (HCV), discuss moving with the local Public Housing Agency (PHA).

Landlords and tenants often disagree about what makes a unit uninhabitable. Talk to a lawyer for help before ending a lease due to repair issues. Use Get Legal Help to find local legal resources or contact:

• Eviction Help Illinois statewide, or
• Cook County Legal Aid for Housing and Debt in Cook County.

Tenants have the right to reach out to tenants’ unions and related organizations about repair problems. 

These groups can:

• Help tenants exercise their rights,
• Keep track of local complaints about specific landlords, and
• Teach people how to organize their own tenants’ union or related organization.

Some tenants’ organizations offer hotlines or email services, including:

• Chicago’s Metropolitan Tenants Organization (call (773) 292-4988), and
• The Champaign-Urbana Tenant Union (email [email protected] for information).

Landlords are prohibited from retaliating against tenants for working with tenants’ unions and related organizations to address building conditions.

Many areas of Illinois have specific local rules for landlords. These include the:

• Chicago Residential Landlord and Tenant Ordinance (“CRLTO”),
• DeKalb Landlord-Tenant Regulations,
• Evanston Residential Landlord and Tenant Ordinance (“ERLTO”),
• Mt. Prospect Residential Tenant and Landlord Regulations,
• Oak Park Residential Tenant and Landlord Ordinance,
• Suburban Cook County Residential Tenant Landlord Ordinance (“CCRTLO”) and Just Housing Amendment to the Human Rights Ordinance, and
• Urbana Landlord-Tenant Ordinance.

For more information, use Get Legal Help to find local legal resources or contact:

• Eviction Help Illinois statewide, or
• Cook County Legal Aid for Housing and Debt in Cook County.

Talk to a lawyer about:

• Refusing access to a unit,
• Reducing rent due to repair issues,
• Moving out because of repair disputes,
• Retaliation concerns, and
• Suing for money and attorney’s fees.

To find a lawyer for a rental repair problem, use Get Legal Help or contact:

• Eviction Help Illinois statewide, or
• Cook County Legal Aid for Housing and Debt in Cook County.