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Landlord repairs in Illinois

Source: 765 ILCS 742 (Residential Tenants' Right to Repair Act); 765 ILCS 721 (Landlord Retaliation Act); implied warranty of habitability (Jack Spring, Inc. v. Little, 50 Ill. 2d 351 (1972); Pole Realty Co. v. Sorrels, 84 Ill. 2d 178 (1981)) · Checked against the statute

Time to repair
14 days
Repair and deduct
Allowed with limits
Withhold rent
Allowed with limits
End the lease
Allowed with limits

Illinois repair deadline

Choose the state and the date the landlord got your request.

The landlord's duty to repair

Illinois has no general statewide habitability statute. Under the Illinois Supreme Court's implied warranty of habitability, a tenant facing eviction for nonpayment may defend and counterclaim that the landlord's failure to maintain the premises (in substantial compliance with building codes) reduced its value by more than the rent due; the rule covers multi-unit buildings and single-family homes. Illinois Legal Aid says housing providers must keep property in a safe and habitable condition and make repairs required by law or the lease. (Jack Spring, Inc. v. Little, 50 Ill. 2d 351 (1972); Pole Realty Co. v. Sorrels, 84 Ill. 2d 178 (1981) (as summarized by Illinois Legal Aid Online))

Telling the landlord

For repair-and-deduct, the tenant must notify the landlord in writing, by registered or certified mail or another restricted delivery service, to the landlord's or agent's address on the lease (or last known address), stating the intent to have the repair made at the landlord's expense (765 ILCS 742/5). (765 ILCS 742/5)

The notice must be in writing. Write a Illinois repair request letter.

How long the landlord has

Under the Right to Repair Act the landlord has 14 days after the tenant's written notice, or more promptly as conditions require in an emergency, before the tenant may repair and deduct (765 ILCS 742/5). Illinois Legal Aid says most private landlords have 14 days after written notice for non-emergency repairs required by law or a written lease; Evanston landlords have 10 days, and leases, local building departments or housing authorities may set other deadlines.

Urgent problems: conditions that will cause irreparable harm to the apartment or a fixture if not immediately repaired, or that pose an immediate threat to the health or safety of an occupant (landlord must repair 'more promptly as conditions require')

Law: 765 ILCS 742/5

Repair it yourself and deduct the cost

Allowed with limits. If a repair required by the lease or by a law, rule or local ordinance costs no more than the lesser of $500 or half a month's rent, and the landlord does not fix it within 14 days after written notice (sooner in an emergency), the tenant may have it done in a workmanlike, code-compliant way by a licensed, insured tradesman or supplier unrelated to the tenant, give the landlord the paid bill, and deduct it from rent. Not allowed for tenant-caused conditions. The Act does not apply to public housing, condominiums, nonprofit housing cooperatives, owner-occupied buildings of 6 or fewer units, or mobile homes under the Mobile Home Landlord and Tenant Rights Act.

Waiting period after notice:
14 days
Limit:
the lesser of $500 or one-half of the monthly rent
Law:
765 ILCS 742/5, 742/10, 742/15

Withholding rent

Allowed with limits. No statewide statute sets a rent-withholding procedure. Under the implied warranty of habitability, a tenant sued for nonpayment may defend that the landlord's failure to make necessary repairs reduced the unit's value by more than the rent due (Jack Spring). A tenant may not defend an eviction by saying rent was withheld under the Right to Repair Act unless every requirement of that Act was met (765 ILCS 742/20). Illinois Legal Aid advises talking to a lawyer before reducing rent. Chicago's RLTO has its own 14-day withholding procedure.

Law:
Jack Spring, Inc. v. Little, 50 Ill. 2d 351 (1972); 765 ILCS 742/20

Ending the lease over repairs

Allowed with limits. No statewide statute lets a tenant end the lease for unrepaired conditions, but Illinois Legal Aid says a tenant may be able to end a lease when serious problems make the unit unsafe or uninhabitable, the issue is within the landlord's control and not caused by the tenant, the tenant gave written notice, and the landlord did not fix it within the time allowed by law (e.g. after the 14-day repair-letter process or unmade emergency repairs). Talk to a lawyer before moving out. Chicago's RLTO provides a 14-day termination notice.

Law:
Illinois Legal Aid Online, Rental repair rights and landlord access; Ending a lease (FAQ)

Going to court

Under the implied warranty, a tenant may counterclaim in an eviction for rent abatement and ask the court to order the landlord to make repairs and bring the unit into substantial compliance with building codes (Illinois Legal Aid housing law outline, citing South Austin Realty Ass'n v. Sombright and Pole Realty v. Sorrels).

Protection from retaliation

Since January 1, 2025, the Landlord Retaliation Act bars a landlord from knowingly ending a tenancy, raising rent, decreasing services, suing or threatening to sue for possession, or refusing to renew because the tenant in good faith complained of code violations to a government agency, official or community organization, requested repairs required by code or the lease, joined a tenants' union, testified about conditions, or exercised a legal right. Protected activity within one year before the alleged retaliation creates a rebuttable presumption of retaliation. The tenant has a defense and may sue to terminate the lease (with return of deposit and prepaid rent), recover possession, and recover the greater of 2 months' rent or twice actual damages, plus attorney's fees. Not retaliatory if the landlord proves a legitimate non-retaliatory basis or began the action first. It replaced the repealed Retaliatory Eviction Act (765 ILCS 720). (765 ILCS 721/5, 721/10, 721/15, 721/20 (P.A. 103-831, eff. 1-1-25; P.A. 104-417, eff. 8-15-25))

Reporting unsafe conditions

Illinois Legal Aid says local code enforcement and building departments can help move repairs forward; tenants call their city or township to request an inspection (in Chicago, call 311 or submit a Building Violation Request).

City and county rules

  • Chicago: The RLTO requires the landlord to keep the premises in code compliance and promptly repair. After 14 days' written notice the tenant may: terminate if the unit is not reasonably fit and habitable (moving out within 30 days); repair and deduct if the cost is no more than the greater of $500 or half a month's rent (not over one month's rent); or withhold rent reasonably reflecting the reduced value. If the landlord fails to supply heat, running water, hot water, electricity, gas or plumbing, or a condition is an immediate danger to health and safety, after written notice the tenant may buy the service and deduct its cost, recover damages for reduced rental value, or get substitute housing (no rent owed); the tenant may also withhold a reasonable amount if not fixed within 24 hours, or terminate if it persists more than 72 hours (not when the utility provider cannot supply service). Damages and injunctive relief are also available.
  • Evanston: Illinois Legal Aid says Evanston landlords have 10 days after written notice to make non-emergency repairs.

Also good to know

  • The Right to Repair Act bars home-rule units from regulating leases in a way that diminishes tenants' rights under it (765 ILCS 742/30).
  • Tenant-hired repairs under the Right to Repair Act are not treated as authorized by the landlord for mechanics' lien purposes (765 ILCS 742/25); the tenant is responsible for damage caused by the tradesman it hires (742/15).
  • Housing Choice Voucher tenants should report problems to the local Public Housing Agency, which must inspect life-threatening issues within 24 hours; landlords must fix confirmed life-threatening issues within 24 hours and other issues within 30 days of PHA notice (Illinois Legal Aid).
  • Suburban Cook County (Residential Tenant Landlord Ordinance), Oak Park, Urbana, Mt. Prospect and DeKalb also have local landlord-tenant rules (Illinois Legal Aid).

Related

Sources

Laws change. This page was checked against the sources above on October 14, 2026. It is legal information, not legal advice; before withholding rent or ending a lease, contact your state's legal aid. See our methodology.