Prairie State Legal Services
Getting Repairs Done
Whenever you have a problem with your apartment or house, you should report it to your landlord. This is why it is so important that you have her/his phone number and address. Your landlord cannot be expected to know all the problems that arise once you move in, so it is your responsibility to inform her/him of any problems. Hopefully, once the landlord or manager is made aware of the problem, it can be taken care of quickly.
Generally, it is a good idea to report all problems in writing and keep a copy of the letter. That way, your landlord is less likely to forget your request and hopefully will take you more seriously. Also, in some instances, you may have to prove later when you reported a problem. (For example, a broken furnace which causes a lack of heat and makes pipes freeze and burst could be considered your fault if you did not report the broken furnace to the landlord within a reasonable time.)
If you want immediate action, it is best to call your landlord or talk to him in person and tell him exactly what is wrong. Then, follow-up the call with a polite letter which is signed and dated. Keep a copy of the letter for your records.
Your landlord should make repairs in a reasonable amount of time. In deciding what is a reasonable amount of time, try to be fair. A broken furnace in the middle of winter or a toilet that does not flush should receive immediate attention. A broken garbage disposal or loose floor tiles are not as important, especially if other tenants are having more serious problems.
If the landlord is just taking too long to make needed repairs, be persistent so that your landlord would rather make the repairs than listen to you. In some cases, neither politeness nor persistence will get the repairs done. You will then have to contact an attorney or the proper agency. See the Housing Code Checklist section of this handbook. Make sure that you have been firm with your landlord and asked for the repairs more than once before contacting an attorney or agency.
If you have made requests for repairs and have been persistent and your landlord still refuses or fails to make repairs, there are several things that can be done.
Some problems which you have may be violations of the Housing Code in your city. The Housing Code is a law passed by a city that sets rules for buildings in which people live. Each city has different rules. You may find out what rules exist in your city by calling the Housing Code Enforcement Department. Generally, major things such as heat, water facilities, bugs, mice, rats, etc. are covered by Housing Codes. See the Housing Code Checklist section of this handbook.
If your landlord has been slow to make needed repairs and you believe the problem is a violation of the City Housing Code, contact the Housing Code Enforcement Department to inspect your dwelling. An inspector will usually be able to respond to your complaint within a few days. If a violation of the Housing Code is found, the landlord will be notified by the city and given a specific amount of time during which he or she must make repairs. If the landlord fails to make repairs after this, the city may sue her/him, fine her/him or prohibit the re-renting of the premises, depending on how serious the needed repairs are. State law prohibits a landlord from evicting a tenant because the tenant called in the Housing Code Enforcement Department. The landlord may still evict the tenant for not paying rent or for breaking the lease, but he may not evict the tenant solely for calling in the authorities.
A return of some rent or a rent reduction may be a possibility whenever there are problems which make the premises or any part of it not useful or inconvenient. Remember you are paying rent for a livable unit with certain services. If you are not getting a livable unit, you are not getting what the landlord promised and some sort of adjustment or payment is only fair.
For example, if the roof leaks consistently and in several places and the landlord can not or will not fix it, you are not getting the livable unit you are paying rent for. In cases such as this, you are entitled to a reduction in your rent or some payment for the inconvenience. Suggest some type of arrangement to your landlord. If your landlord refuses, it may be possible to sue him to get a reduction or refund. See a lawyer.
If your landlord does agree to a reduction or refund, make sure you get it in writing. Have the landlord sign and date a written statement clearly explaining that you may deduct a certain stated amount of dollars from your next rent payments. If you do not get such a written statement, you may find yourself facing an eviction for non-payment of rent because your landlord has changed her/his mind about the refund.
Many times people feel that if their landlord refuses to make repairs, they can make the repairs themselves and deduct the cost of those repairs from the rent. You have no right under Illinois law to do this. If you do go ahead and do this, you may be faced with an eviction suit for non-payment of rent. It is best to pursue other methods to get repairs done. However, if you have no choice, or if you insist on doing a repair and deduct, follow these guidelines and you may be able to convince a judge not to evict you if you are sued by the landlord:
Once again, you have no right under Illinois law to do repair and deduct. If you decide to do so, you are at your own risk and may be subject to eviction for non-payment of rent.
Many times people feel that if their landlord refuses to make repairs or if the place they live in is "bad enough", they do not have to pay rent. Often tenants are misinformed by social workers, case workers and other authorities that this is true. No matter who tells you that you do not have to pay rent, they are wrong. Under Illinois law, you have no right to withhold or refuse to pay rent no matter how "bad" the place is. There may be a local ordinance that allows you to withhold rent. Check with an attorney in your area to see if such an ordinance applies to you.
In all agreements to rent real property, whether oral or written, the Illinois courts will find a promise from the landlord to the tenant that the premises will be kept in a livable condition. Generally, this means that the unit you are renting should be free from housing code violations. If you are living in an area that does not have a housing or building code, the unit you are renting should at least have heat, hot and cold water, no leaks in the roof, a solid structure, be free from bugs, rats and mice, and safe.
If there are conditions, or housing code violations, that unfavorably affect living in the premises, you may be able to break your lease and/or sue your landlord for damages and/or sue your landlord to make repairs. If you feel your landlord has violated his promise to provide you with a livable dwelling and you are unable to correct the problems, see an attorney.
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