Any time you have a repair problem, report it IN WRITING to your landlord. Describe the problem completely. Don't just say the toilet is broken. Does it leak? Is it running? Does it take a half hour for the tank to re-fill? The more clear your explanation, the easier it will be for the landlord to arrange repair service.
Be persistent if you do not get a response to your initial request.
Call the landlord and send a second written request.
If your landlord fails or refuses to perform repairs, you have the following options:
 | Exercise your rights under the Residential Tenants' Right to Repair Act |
| File a complaint with the Housing Inspector |
| File a complaint at the Tenant Union |
For best results, try all three options if applicable.
The Residential Tenants' Right to Repair Act 765 ILCS 742/1 - 742/30 enables tenants under certain circumstances, to use rent money to pay for repairs that are required by law or by the lease if the landlord fails to perform the repairs within 14 days after receiving notice by certified or registered mail. Read this section carefully and check with the Tenant Union to be certain that you are following the law. The risk is severe if you make a mistake. If you use rent money to perform repairs in any manner not allowed by law, you will face eviction and serious damage to your credit record.
This law does not apply to public housing, condominiums, not for profit corporations organized for the purpose of residential cooperative housing, non-residential tenancies, owner-occupied rental property containing 6 or fewer dwelling units or to any dwelling unit that is subject to the Mobile Home Landlord and Tenant Rights Act.
The tenant may not repair at the landlord's expense if the condition was caused by the tenant, a member of the tenant's family, or any other person on the premises with the tenant's consent.
1. The repair must be required by law or by your lease. Check with the Tenant Union to find out whether your repair need is required by law or by your lease.
2. The amount you spend on the repair is limited to $500 or half of one month's rent -- whichever is the lower amount and the cost of the repair may not exceed the reasonable price customarily charged for such repair.
3. You must notify the landlord in writing by registered or certified mail of your intention to have the repair made at the landlord's expense.
4. You must wait 14 days after notice is given to the landlord before you have the work done.
5. The work must be done by an appropriate tradesperson or supplier unrelated to the tenant who holds a valid license or certificate required by State or municipal law to make the repair and who is adequately insured to cover any bodily harm or property damage that is caused by the negligence or substandard performance of the repairs.
6. After submitting to the landlord the paid bill for the repair, along with the name, address and telephone number of the tradesperson or supplier who provided the repair service, the tenant may deduct from the rent the cost of the repair, not to exceed the limits specified by this law.
If a repair is an emergency, as defined above, the repair may be performed after notice is given to the landlord without waiting an additional 14 days. CAUTION: you must be absolutely certain that the repair need really is an emergency if you do not wait the 14 days. An error in judgment about what constitutes an emergency could cost you thousands of dollars, eviction and serious damage to your credit record. It is best to check with the Tenant Union before you assume a serious repair need is an emergency. Many serious problems that a reasonable person would expect to be fixed within 24 hours do not constitute an emergency as defined above. For example, mold is not an emergency, even if you are allergic to it.
The tenant is responsible for any damages to the premises caused by the tradesperson or supplier hired by the tenant.
The tenant will not be entitled to the remedies provided for in this law if the tenant does not comply with all of the requirements of the law. The tenant may not assert as a defense to an action for rent or eviction that the rent was withheld under this law unless the tenant meets all the requirements provided for in this law.
If you live in the City of Urbana, Urbana law allows you to use up to two months rent for repair and deduct, and some properties exempted under state law are covered by Urbana law; however, Urbana's repair-deduct law applies only to code violations cited by the city inspector and the time period is different.
Under Urbana's law, a tenant may not use rent money for repairs until after the housing inspector's deadline for compliance or any extension of that deadline has expired. The deadline is usually 30 days, but for certain violations, the city gives shorter deadlines. The Urbana city inspector will give no more than 3 days to correct: (a) Defective, dangerous or nonfunctioning plumbing, electrical, gas or other utility; (b) No heat or a malfunctioning heating system; (c) Blocked or locked fire exits; (d) Burned out or inoperable lights in hallways, stairwells, entry ways, parking areas or common areas; (e) Serious structural problems that render the premises uninhabitable; (f) Unsanitary or unhealthy conditions of such a magnitude that they pose an imminent health threat to the occupants and/or nearby dwellings. The Urbana city inspector will give no more than 5 days to correct: (a) Broken or missing locks on windows or doors; (b) Broken door frame, door or window; (c) Lack of hot water; (d) Inoperable toilet; e) Leaking pipes or plumbing fixtures; (f) Inoperable or missing smoke detectors; (g) Inoperable or missing carbon monoxide detectors; (h) Inoperable oven/range or refrigerator; (i) Leaking roof that poses a safety or health risk; (j) Torn or missing screens (in the summer and fall); (k) Broken or malfunctioning air conditioning (in hot weather).
Before you repair and deduct under Urbana's law, you must have a city inspection, send the landlord written notice of your intent to repair and deduct and wait until the deadline date stated on the notice of violation issued by the city. For more information, go to the section entitled "Repair and Deduct" under Urbana Landlord-Tenant Ordinance. If you live in Urbana, you may use either the Urbana Landlord-Tenant Ordinance or the Residential Tenant's Right to Repair Act.
There are no city codes in unincorporated areas or in most towns in Champaign County. This means that no law requires your landlord to fix a leaky roof or an inoperable oven. The Tenant's Right to Repair Act covers only repairs required by law or by your lease. When you rent at a location where no law requires repairs, it is essential that you make sure your lease includes a promise by the landlord to perform repairs and a promise to provide all of the appliances that you expect the landlord to repair (oven, refrigerator, dishwasher, washer/dryer, air conditioner, etc.) Sample lease clauses promising repairs and promising the landlord will furnish certain appliances can be found in the section of this handbook called "Signing a Lease."
If your housing unit is located in a city that has adopted property maintenance and life safety codes, you may be able to get assistance from the City government to persuade your landlord to perform needed repairs. Within the city limits of Champaign and Urbana, a wide variety of repair needs are covered by city codes, although every repair problem is not a code violation.
COVERED BY CODES (A FEW EXAMPLES)
| Insufficient heat, no water, no hot water |
| Broken/missing locks on doors/windows |
| Roof/ceiling leaks |
| No lighting in hallways or stairwells |
| Window screens missing or torn |
| Doors or windows do not fit properly in frame or leak |
| Floor, wall or ceiling deteriorated |
| Plumbing leaks; toilet leaks, runs or is inoperable |
| Missing or inoperable smoke detector |
| Flooding, water seepage or sewage backed up |
| Other plumbing problems and electrical problems |
| Roach infestation if it's in more than one apartment |
Illinois state law requires that after January 1, 2007 a
alarm must be installed in all dwelling units within 15 feet of every room used
for sleeping purposes, unless the building is exclusively electric (no gas
appliances) and does NOT have an attached garage.
NOT COVERED BY CODES
| Walls need painting |
| Carpeting is old and worn |
| No storm windows |
| Broken furniture |
| Blinds on windows are broken |
You should notify your landlord of any problems and give him/her a reasonable amount of time to make repairs before asking the city to inspect for code violations. When considering what is reasonable, keep in mind that if you do have to get the city involved, the city will give the landlord a minimum of 30 days to comply with any notice of violation, except the few violations listed above under "if you live in Urbana."
You need to appear in person to file a written complaint and arrange for an inspection. The office is located on the first floor of the city building at 102 N. Neil Street, at the corner of Neil and University in downtown Champaign. On your complaint, you should list everything that you want the inspector to look at. The city will contact your landlord to see if he/she wants to be present for the inspection. Inspections are usually conducted three working days after you file your complaint. The office is open from 8:00 a.m. to 5:00 p.m. People with disabilities for whom personal appearance at the office would be difficult should telephone 403-7070. (The office is wheelchair accessible).
You need to appear in person to file a written complaint and arrange for an inspection. The office is in the City Building at 400 S. Vine St., across the street from Lincoln Square. Inspections are usually conducted the day after you file your complaint. Be sure to include on your complaint everything that you want the inspector to examine. The office is open from 7:30 a.m. to 4:30 p.m. People with disabilities for whom personal appearance at the office would be difficult should telephone 384-2436. (The office is wheelchair accessible).
If violations of code are cited by the city inspectors, your landlord will receive a written notice with a date for correction of the violations. You should request a copy of the notice from the city. Usually, the city will allow the landlord 30 days to complete repairs and the landlord may apply for an extension of time which is likely to be granted for most major items.
is
now required for all rental housing in Urbana.
The existence of code violations does not "break" your lease. The city does have the power to declare the place "unfit for human habitation," but that does not happen often. In a few cases, where the tenant has leased "an apartment" in a building or complex - or where the lease has a relocation clause, the lease isn't broken even if the apartment is condemned, as long as the landlord offers another apartment under the terms described in the lease.
If you are considering withholding rent or moving out of a place because of repair problems covered by codes, . A lawsuit against you for the balance of the rent due under the lease is likely to result if you just move out.
If your landlord fails or refuses to perform a repair required by your lease or by law (including housing codes) you may file a complaint at the Tenant Union. The Tenant Union will send a copy of the complaint to the landlord with a request for a response. Tenant Union staff will follow up with the landlord to encourage a swift response.
While the Tenant Union has no enforcement power, most area landlords realize that more than 4,000 prospective tenants check landlord complaint records every year. Once a landlord receives a copy of your complaint, s/he knows that the complaint will be part of this record. If the landlord responds quickly and performs the repairs, that will look much better in the record than if the landlord delays. Consequently, many landlords who ignore tenants' requests for maintenance change their tunes quickly when they hear from the Tenant Union. Don't hesitate to contact us if your landlord is not responding to your reasonable requests. TENANT UNION HOURS AND LOCATIONS
| Always report the problem to the main office or to the property manager. If you just tell a maintenance worker you see in the hallway, the landlord may not know that you've requested maintenance. |
| If repair was attempted, but not successful, or if the job was not finished, report this to the main office or property manager. Do not assume your landlord knows that the maintenance worker did not finish the job. |
| If you telephone your landlord to report a maintenance need, follow up in writing if you do not receive a response within 24 hours. |
| Use certified, return-receipt mail at the post office to send written notice any time the landlord's delay in performing repairs could cost you money. For example, a running toilet or a water leak in a tub or hot water heater could cause your water bill to be 10 times the normal amount. If you expect the landlord to reimburse you for the excessive bill, it will be essential to prove that you notified the landlord of the problem. Written notice sent by return-receipt certified mail is the best way to PROVE you gave notice. |
Be careful about requesting repairs for which you will be charged. Check your lease to see what it says. A growing number of landlords charge tenants who call them about stopped up toilets if the problem is solved by plunging.
Check your circuit breaker or fuse box before calling the landlord about loss of electrical power. Many landlords also charge for these calls.
YOUR LANDLORD CANNOT EVICT YOU TO GET EVEN WITH YOU FOR CONTACTING HOUSING INSPECTORS. Illinois state law, 765 ILCS 720/1 states:
The law protects your right to call housing inspectors. If you have any trouble with your landlord about calling the inspectors, report it to the Tenant Union. In Urbana, city ordinance also prohibits a landlord from retaliating against you for filing a complaint at the Tenant Union or for organizing your building.
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The Tenant Union does not provide legal services of any kind. All information provided in this publication is intended to help the average person prevent problems and deal with common concerns of renting. When legal help is needed, always consult with an attorney at law.
This page was last updated on 2/27/07
