Category: Apartment Conditions & Repair

Find out how to address repair issues with your landlord.

Apartment Conditions and Repairs – FAQ

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NOTE: If your landlord lives in your building, see the “Exceptions” note on the right side of this page.

What is my landlord responsible for?
Your landlord has a duty to keep your apartment in good shape and make all necessary repairs. If she fails to do this, you may be able to:

  • Make the repairs yourself and deduct their cost from your rent;
  • Withhold a portion of your rent;
  • Sue your landlord; or
  • Terminate your lease agreement. This pamphlet explains when and how you can do these things.

What must my landlord do to maintain the condition of my apartment?
Keep your toilet, bathtub, shower, and bathroom sink in good working order;

  • Keep your furnace and boiler in good working order;
  • Keep your windows weatherproof;
  • Keep your floors, walls and ceilings in good repair;
  • Keep your plumbing fixtures in good repair;
  • Keep your electrical outlets safe and operable;
  • Prevent the accumulation of stagnant water;
  • Keep all of the appliances he supplies in good working order;
  • Maintain the building is foundation, exterior walls, and roof in good and watertight condition;
  • Provide adequate hall and stairway lighting; Keep all stairways and porches in a safe and sound condition;
  • Provide trash containers;
  • Protect you against rodents and insects by exterminating; and
  • Comply with all other requirements of Chicago’s Municipal Code.

If my landlord doesn’t make necessary repairs, can I use my rent to pay for these repairs?

Yes, but only if the repair will not cost more than $500 or one-half of your rent (which ever is greater). Using your rent money to make necessary repairs is called “repairing and deducting.”

How do I “repair and deduct?”
First you must give your landlord a written notice stating that, unless she makes the necessary repairs within 14 days, you will make them yourself and deduct their cost from your rent. Keep a copy of the notice. If your landlord doesn’t make the necessary repairs within 14 days of receiving the notice, you can make the repairs or pay someone else to do it. After giving your landlord paid receipts to confirm the cost of repair, you can deduct this cost from your rent. See sample letter here.

What if I want to repair a problem in a common area, such as a stairway or hallway?
You must first give all of the other tenants written notice of your plan to make the repair.

If my landlord doesn’t make necessary repairs, can I withhold a portion of my rent?
Yes, but first give your landlord a written notice stating that, unless she makes the necessary repairs within 14 days, you will withhold a certain portion of your monthly rent payments. NOTE: You cannot withhold a portion of your rent and “repair and deduct” in the same month.

If I decide to withhold a portion of my rent, exactly how much should I withhold?
The amount you withhold must reasonably reflect the reduced value of your apartment. Be conservative. You cannot withhold all your rent unless your apartment is in such bad shape that you must move, and you can rarely withhold as much as 50%. If you withhold too much, your landlord may be able to evict you for nonpayment of rent. To be safe, consult with an attorney. See “rent reduction” sample letter here.

Can I terminate my lease because my landlord has failed to make necessary repairs?
Yes, but only in very serious cases. Consult with an attorney first.

How can I terminate my lease?
First, you must provide your landlord with written notice that you will terminate your lease in no less than 14 days unless he makes whatever repairs are necessary. If she does not correct the problem within 14 days of receiving this notice, you may terminate your lease agreement. If you terminate the lease, you must move within the next 30 days otherwise your lease will remain in effect. See sample letter here.

If my landlord doesn’t make necessary repairs, can I sue him/her?
Yes, but consult with an attorney first.

Can I make my landlord pay for the cost of repairing a problem I caused?
No.

What if my landlord fails to provide me with an essential service (such as heat, electricity, or running water)?
See the page entitled Heat & Other Essential Services.

Does my landlord have to repaint my apartment?
Not unless the paint is cracking or peeling.

Can I sue my landlord if my property is damaged in her apartment?
Only if the property was damaged as a result of your landlord’s negligence.

Please Note: This information, published by the Legal Assistance Foundation of Chicago and the Metropolitan Tenants Organization as a public service, gives you only a general idea of your rights and responsibilities under the Residential Landlord and Tenant Ordinance and other relevant chapters of Chicago’s Municipal Code. It is meant to inform, but not to advise. Before enforcing your rights, you may want to seek the advice of an attorney who can analyze the facts of your case and apply the law to these facts.

Still can’t find the answer? Send us your questions. Please allow several days for a response.

Apartment Conditions & Repair: Terminate Tenancy Sample Letter

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This letter applies to residents within the city of Chicago only who are covered under the Residential Landlord Tenant Ordinance (RLTO). Please see the Exceptions to the RLTO to ensure the law applies to you.
For tenants in suburban Chicagoland, please click here for the law as it applies in your town.

14 Day Terminate Tenancy

Apartment Conditions & Repair: Rent Reduction Sample Letter

Posted on by admin

This letter applies to residents within the city of Chicago only who are covered under the Residential Landlord Tenant Ordinance (RLTO). Please see the Exceptions to the RLTO to ensure the law applies to you.
For tenants in suburban Chicagoland, please click here for the law as it applies in your town.

14 Day Rent Reduction

Apartment Conditions & Repair: Repair and Deduct Sample Letter

Posted on by admin

This letter applies to residents within the city of Chicago only who are covered under the Residential Landlord Tenant Ordinance (RLTO). Please see the Exceptions to the RLTO to ensure the law applies to you.
For tenants in suburban Chicagoland, please click here for the law as it applies in your town.

14Day Repair & Deduct

Tenant Responsibilities – FAQ

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NOTE: If your landlord lives in your building, see the “Exceptions” note on the right side of this page.

As a tenant, what am I required to do?
* Throw out your trash in a clean and safe manner;
* Use all fixtures (such as lights and ceiling fans) and appliances in a reasonable and safe manner;
* Don’t damage the apartment;
* Don’t disturb your neighbors;
* Make sure your family members and guests act appropriately;
* Provide your landlord with reasonable access to your unit (see below); and
* Obey all the lawful provisions of your lease agreement.

Can I be evicted for failing to do these things?
Yes
Please refer to Evictions for more information.

When must I let my landlord into my apartment?
You must let your landlord enter your apartment to:
* Make necessary repairs;
* Supply necessary services;
* Show the apartment to prospective purchasers, workmen, etc.
* Show the apartment to prospective renters within 60 days of the date on which your lease expires; or
* Determine whether you are complying with the terms of your lease agreement. Please refer to Building Security, Locks, and the Law for more information.

Must my landlord give me advance notice before entering my apartment?
Yes. Your landlord must provide you with at least two days notice, and he/she can only enter your unit at a reasonable time. An entry between the hours of 8:00 a.m. and 8:00 p.m. is presumed to be reasonable.
Please refer to Building Security, Locks, and the Law for more information.

Does my landlord ever have the right to enter my apartment without giving me advance notice?
Yes, but only when:
* There is a problem in the common area of the building or in another apartment, and he/she needs to enter your unit to unit to fix this problem; or
* There is an emergency.In either case, your landlord must let you know that he/she entered your apartment within two days after the entry.

What if my landlord keeps coming into my apartment to harass me?
You can call the police. If your landlord does not have a right to be in your apartment, the police should force him/her to leave. You can also:
* File a lawsuit and ask the court to order your landlord to stop entering your apartment more often than necessary; or
* Give your landlord written notice that you will terminate your lease agreement unless he/she stops harassing you within the next 14 days. If he/she does not stop, you can terminate the lease. If you terminate the lease, however, you must move within the next 30 days. Otherwise, the lease will remain in effect.You should consult with an attorney before pursuing either of these two options.
Please refer to Building Security, Locks, and the Law for more information.

Can I refuse to let my landlord into my apartment?
Only if you have a good reason. For instance, you can refuse to let your landlord in if he/she has not provided you with the required advance notice, or if he/she is trying to enter your apartment between 8:00 p.m. and 8:00 a.m. (Remember, however, you cannot refuse to let your landlord in when there is an emergency). If you are not sure whether you have a good reason to deny your landlord access to your apartment, call an attorney or the Metropolitan Tenants Organization (773/292-4988).

What if, without good reason, I refuse to let my landlord into my apartment?
Your landlord can:
* File a lawsuit and ask the court to order you to let him into the apartment; or
* Terminate your lease agreement and have you evicted. Please refer to Evictions for more information.

Can I change the locks without giving my landlord a new set of keys?
No. Even when you have the right to install a new lock, you must give your landlord a key.
Please refer to Building Security, Locks, and the Law for more information.

Do I have to tell my landlord I am moving when my written lease ends?
No. Your lease sets forth the date on which it ends, and you are supposed to move on that date unless you and your landlord agree to renew your lease agreement.
Please refer to Leases for more information.

What if I do not have a written lease?
If you pay rent on a monthly basis, you must give your landlord at least one month advance written notice that you are moving out. Otherwise, you can be held liable for another month’s rent. If you pay rent on a weekly basis, you must give your landlord at least 7 days advance written notice that you are moving. Otherwise, you can be held liable for another week’s rent.
Please refer to Leases for more information.

What if I damage the apartment?
If you have paid a security deposit, your landlord can withhold whatever portion of this deposit is necessary to cover the cost of repairs. (See the pamphlet entitled Security Deposits to find out what procedure your landlord must follow before withholding all or part of this deposit). If the cost of repair is more than your security deposit, or if you never paid a security deposit, your landlord can sue you for the cost of repairs.
Please refer to Apartment Conditions and Repair for more information.

Please Note:This pamphlet, published by the Legal Assistance Foundation of Chicago and the Metropolitan Tenants Organization as a public service, gives you only a general idea of your rights and responsibilities under the Residential Landlord and Tenant Ordinance and other relevant chapters of Chicagoís Municipal Code. It is meant to inform, but not to advise. Before enforcing your rights, you may want to seek the advice of an attorney who can analyze the facts of your case and apply the law to these facts.

Still can’t find the answer? Send us your questions. Please allow several days for a response.