When something important is broken in a rental home, a tenant in Illinois does not always have to simply wait and hope the landlord acts. Illinois law gives qualifying residential tenants a specific process for certain repairs, including a limited repair-and-deduct remedy.
The rules can be confusing because the repair law has notice requirements, a 14-day waiting period in many situations, a dollar limit, and several important exceptions. This guide explains the process in plain English and highlights what tenants should document before taking action. You can also browse our Illinois State Laws for other state-specific legal information.
Illinois Repair Rights at a Glance
- Give written notice: For the statutory repair-and-deduct process, the tenant generally must notify the landlord in writing by registered or certified mail or another restricted delivery service.
- Allow time to repair: The landlord generally has 14 days after receiving the required notice, or less time when conditions require faster action in an emergency.
- Repair cost limit: The reasonable cost generally cannot exceed the lesser of $500 or one-half of the monthly rent.
- Use a qualified repair provider: The tenant is responsible for using an appropriately licensed and insured tradesperson when the law requires it.
- Keep the paid bill: After the repair, the tenant must provide the landlord with the paid bill and required provider information before taking the permitted deduction.
These rules come from the Residential Tenants’ Right to Repair Act, 765 ILCS 742. The Act does not apply to every rental situation.
What Should You Do If Your Illinois Landlord Won’t Make Repairs?
For another Illinois landlord-tenant issue, see our Illinois security deposit guide.
Start by creating a paper trail. Take dated photos or videos of the problem, keep copies of texts and emails, and write down when you first reported the issue. If the repair affects health or safety, explain the problem clearly rather than using only a general message such as “something is broken.”
If you may eventually need to use the statutory repair-and-deduct process, follow the notice requirements carefully. A casual text message may not satisfy the specific notice method required by the statute.
Need to formally notify your landlord about a repair?
You can Save money on a Notice to Repair or Get a Notice to Repair online. A 10% discount may be available through the offer.
How the Illinois Repair-and-Deduct Process Works
1. Confirm the repair is covered
Under 765 ILCS 742/5, the repair must be required by the residential lease or by a law, administrative rule, local ordinance, or regulation. The reasonable repair cost must also be within the statutory limit.
Before spending money yourself, make sure the condition is not something you or another person in your household caused through a deliberate or negligent act. The statute specifically limits the remedy in that situation.
2. Send the required written notice
The statute says the tenant may notify the landlord in writing by registered or certified mail or another restricted delivery service. The notice should go to the landlord or the landlord’s agent at the address identified in the lease, or to the landlord’s last known address if the lease does not provide an address.
The notice should explain the repair problem and state your intention to have the repair made at the landlord’s expense if the landlord does not act as required.
3. Give the landlord the statutory time to respond
For a non-emergency covered repair, the landlord generally has 14 days after receiving the notice to make the repair. Emergencies can require faster action.
Illinois law defines emergencies to include conditions that could cause irreparable harm to the apartment or a fixture if not repaired immediately, or conditions posing an immediate threat to an occupant’s health or safety.
4. Hire an appropriate professional if the law allows it
If the landlord does not make the repair within the required period, the tenant may, when all statutory requirements are satisfied, have the repair made in a workmanlike manner and in compliance with applicable law and local requirements.
The tenant is responsible for making sure the tradesperson or supplier has any license or certificate required by state or municipal law and is adequately insured. This matters because the statute can make the tenant responsible for damage caused by the person hired to perform the work.
5. Keep the invoice and calculate the permitted deduction
After the work is completed, the tenant must submit a paid bill from an appropriate tradesperson or supplier unrelated to the tenant. If the provider’s name, address, and telephone number are not clearly shown on the bill, that information must also be provided in writing.
The amount deducted from rent cannot exceed the limits in the statute and cannot exceed the reasonable customary price for the repair.
How Much Can an Illinois Tenant Deduct for Repairs?
The statewide statutory limit under 765 ILCS 742/5 is generally the lesser of $500 or one-half of the monthly rent.
For example, if monthly rent is $1,200, one-half is $600, so the statutory limit would generally be $500. If monthly rent is $800, one-half is $400, so the limit would generally be $400.
This does not mean a tenant can automatically spend up to the maximum amount. The repair must qualify, the price must be reasonable, the notice requirements must be followed, and the tenant must comply with the other statutory conditions.
Important Exceptions: When the Repair Act Does Not Apply
The Residential Tenants’ Right to Repair Act does not cover every Illinois rental. The statute lists several exceptions, including:
- Public housing covered by the federal definition specified in the Act.
- Condominiums.
- Certain not-for-profit residential cooperative housing.
- Nonresidential tenancies.
- Owner-occupied rental property containing 6 or fewer dwelling units.
- Dwelling units covered by the Mobile Home Landlord and Tenant Rights Act.
Because of these exceptions, a tenant should not assume that the repair-and-deduct remedy applies simply because a landlord has failed to make a repair.
Can a Landlord Retaliate Against an Illinois Tenant for Requesting Repairs?
Illinois also has a separate Landlord Retaliation Act, 765 ILCS 721. It prohibits certain retaliatory conduct when a tenant acts in good faith, including requesting that the landlord make repairs required by a building code, health ordinance, other regulation, or the rental agreement.
The law can cover actions such as knowingly terminating a tenancy, increasing rent, decreasing services, bringing or threatening a possession lawsuit, or refusing to renew a lease because of protected tenant activity. The Act also provides remedies in qualifying cases.
Keep your repair requests, notices, inspection reports, and other records. A good paper trail can be important if the timing of a landlord’s later action becomes an issue.
What If the Problem Is an Emergency?
If there is an immediate threat to health or safety—such as a serious condition that cannot safely wait—do not treat the situation as an ordinary 14-day repair request. Take reasonable steps to protect yourself and other occupants, contact emergency services when appropriate, and notify the landlord immediately.
The statutory repair law recognizes that some emergencies require faster action, but the correct legal remedy can depend on the facts. Do not assume that every urgent repair automatically gives you permission to hire a contractor and deduct any amount you choose from rent.
What If You Live in Chicago or Another Illinois City?
Illinois state law is only part of the picture. Some cities and municipalities have additional landlord-tenant rules that may give tenants additional protections or impose different procedures. Chicago, for example, has its own Residential Landlord and Tenant Ordinance.
That means a tenant should check both the statewide rules and applicable local law before withholding or deducting rent. If the property is outside Chicago, local rules may still matter.
Common Mistakes Illinois Tenants Should Avoid
- Stopping rent without following the statute. A repair dispute does not automatically mean you can stop paying rent.
- Using only a text or phone call. The statutory repair-and-deduct process has specific written-notice requirements.
- Skipping the 14-day period when there is no emergency. Acting too early can undermine the statutory remedy.
- Hiring an unqualified contractor. The tenant has responsibilities concerning licensing, insurance, and workmanship.
- Ignoring the cost limit. The statutory deduction is limited to the amount permitted by the Act.
- Failing to keep receipts. Preserve the paid invoice and related documentation.
- Ignoring local rules. Chicago and other municipalities may have additional landlord-tenant requirements.
Common Illinois Tenant Repair Questions
For another Illinois landlord-tenant issue, see our Illinois security deposit guide.
How long does an Illinois landlord have to make repairs?
For a qualifying repair under the Residential Tenants’ Right to Repair Act, the landlord generally has 14 days after receiving the required written notice. Emergencies can require faster action.
Can an Illinois tenant repair something and deduct the cost from rent?
Sometimes. The statutory repair-and-deduct remedy applies only when the requirements of 765 ILCS 742 are met, including the type of repair, notice method, cost limit, waiting period, and other conditions.
What is the Illinois repair-and-deduct limit?
Under the statewide statute, the reasonable cost generally cannot exceed the lesser of $500 or one-half of the monthly rent.
Can a landlord raise rent because I asked for repairs?
Illinois’ Landlord Retaliation Act prohibits certain retaliatory conduct when a tenant engages in protected activity in good faith, including requesting required repairs. The facts and timing matter, and landlords can have legitimate non-retaliatory reasons for taking certain actions.
What should I do if my landlord still refuses to repair the problem?
Document the condition, make the request in writing, preserve proof of delivery, and review whether the repair-and-deduct statute or a local ordinance applies. For a serious health or safety problem, consider contacting the appropriate local housing or code-enforcement authority and obtaining legal advice.
For related Illinois landlord-tenant information, see our Illinois State Laws guide. Do not rely on another state’s rules for an Illinois rental because repair rights can differ by state and by local ordinance.
Official Illinois Legal Sources
- 765 ILCS 742 — Residential Tenants’ Right to Repair Act
- 765 ILCS 721/5 — Landlord Retaliation Act
- 765 ILCS 721/10 — Remedies for retaliation
Featured image: Hilliard Towers Apartments in Chicago, Illinois, by Warren LeMay, licensed under CC BY-SA 2.0 via Wikimedia Commons.
Affiliate Disclosure
Some links on this page are affiliate links. If you use an affiliate link and purchase a service, KnowYourStateLaw.com may receive a commission at no additional cost to you. We only recommend a form or service when it is relevant to the topic.
Legal Disclaimer
This article provides general legal information, not legal advice. Illinois landlord-tenant law can vary based on the property, lease, municipality, housing program, and specific facts. Laws and local ordinances can change. Before deducting money from rent, withholding rent, or taking other action that could affect your tenancy, consider checking the current law and speaking with a qualified Illinois attorney or legal-aid organization.