Landlord Won't Make Repairs in Illinois: What Can I Do?

What your landlord has to fix

1. 1

   Every Illinois lease carries a warranty of habitability (a promise your home is fit to live in, even without it being in the lease).

   Source:

   1. 50 Ill. 2d 351, 366 (1972), Illinois Supreme Court. A court decision.
2. 2

   In 1985, the Illinois Supreme Court made this warranty apply to every kind of residential lease. This includes single-family homes and towns with no local building code. The case is Glasoe v. Trinkle.

   Source:

   1. 107 Ill. 2d 1, 10 (1985), Illinois Supreme Court. A court decision.
3. 3

   Illinois has no single statewide law that sets minimum repair or safety standards for rental homes. Instead, courts use the warranty of habitability (the promise that a rental home is fit to live in), and cities and counties can pass their own building codes. Some cities, like Chicago, have detailed codes. Others do not. Check your city or county officials housing development offices for more info on the guidelines.

   Source:

   1. 107 Ill. 2d 1, 11-12 (1985), Illinois Supreme Court. A court decision.

Ask in writing

4. 4

   Tell your landlord about needed repairs in writing, not just by phone. Send a letter or text and keep a copy. Follow up by certified mail (a mail service that proves what you sent and when) if the problem is not fixed. Take photos before and after any repair, and save all your messages with your landlord.

   Sources:

   1. What kinds of records are useful if there is a dispute about repairs?, Illinois Legal Aid Online. A nonprofit group.
   2. Contact the housing provider, Illinois Legal Aid Online. A nonprofit group.

Get your home inspected

5. 5

   You can ask your local building or code department to inspect your home for code violations. An inspector's report can help prove the problem exists. In Chicago, call 311 or file a Building Violation Request online. Other cities and counties have their own building or code enforcement office. One caution from legal aid: for very bad conditions, an inspector can condemn the home and make everyone leave.

   Sources:

   1. Our editorial rules.
   2. Get help, Illinois Legal Aid Online. A nonprofit group.
6. 6

   If you can afford it, you can pay a private home inspector to check the problems. This can cost a lot of money. Their written report and photos can help show the problems in court. A private inspector only writes down the problems for you. To find one near you, search for "home inspector" or "rental inspection" with your city's name.

   Source:

   1. Our editorial rules.

If it is still not fixed

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   Illinois' Residential Tenants' Right to Repair Act, 765 ILCS 742, lets many tenants pay for a repair and take the cost off their rent. First, send your landlord a written notice of the problem. Then wait 14 days from when your landlord got the notice. This law does not cover public housing, most condos, and buildings with six units or less where the owner also lives.

   Source:

   1. Which tenants have the right to repair and deduct?, Illinois Legal Aid Online. A nonprofit group.
8. 8

   The most you can take off your rent for a repair is the lower of $500 or half a month's rent. For example, if your rent is $900 a month, half of that is $450. Since $450 is less than $500, you can only take off up to $450. Some cities set different limits, so check your city's guide.

   Source:

   1. Are there limits on how much a tenant can deduct for a repair?, Illinois Legal Aid Online. A nonprofit group.
9. 9

   Do not just stop paying rent because of repair problems. Your landlord can still sue you for unpaid rent in court. A judge decides how much of the rent you held back, if any, you truly do not owe. Keep any rent you hold back in a separate account so you can pay it if the judge orders you to.

   Source:

   1. 107 Ill. 2d 1, 17-18 (1985), Illinois Supreme Court. A court decision.
10. 10

    If your home was not fit to live in, you may be able to sue for money the landlord must pay you. You get this money only if you win your case and your landlord pays. Courts compare the rent value of a fit home to its value in the actual condition, with the problems not fixed. This is called the difference in value method.

    Sources:

    1. Our editorial rules.
    2. 107 Ill. 2d 1, 17 (1985), Illinois Supreme Court. A court decision.
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    Illinois' Landlord Retaliation Act, 765 ILCS 721, took effect on January 1, 2025. It bans your landlord from punishing you for asking for repairs or reporting problems to the city. If your landlord raises rent, cuts services, or tries to evict you within 1 year of your complaint, retaliation is assumed. Your landlord then has to prove another reason for their action.

    Sources:

    1. Rental living conditions guide, Illinois Legal Aid Online. A nonprofit group.
    2. 765 ILCS 721/95, Illinois General Assembly. Law.

Moving out

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    Sometimes bad conditions make a home unsafe to live in. This can count as a constructive eviction, a legal idea that means bad conditions forced you to move out. Ending your lease this way has its own rules and risks. Read our constructive eviction guide before you decide to move out.

    Source:

    1. 107 Ill. 2d 1, 9 (1985), Illinois Supreme Court. A court decision.