Illinois Tenant Rights During Building Repairs

As a renter in Illinois, understanding your rights during building repairs can help you protect your comfort, safety, and legal interests. Whether your landlord is fixing plumbing, making major structural repairs, or addressing emergency situations, it’s crucial to know what protections you have under Illinois law.

Tenant Protections and Obligations During Repairs

The Illinois landlord-tenant law sets out key responsibilities for both landlords and tenants while repairs or renovations are taking place. The Illinois Residential Tenants' Right to Repair Act and the Illinois Security Deposit Return Act cover how and when repairs should be performed, and what renters can expect.

What Are Landlords Required to Do?

• Keep your unit safe, habitable, and up to code under Illinois law
• Complete needed repairs in a timely, reasonable manner
• Give you at least 24 hours’ written notice before entering except in emergencies (Illinois Compiled Statutes 765 ILCS 705/9)
• Address critical services (heat, water, electricity) as soon as possible

Your Rights as a Renter During Repairs

• Privacy: Landlords may only enter with proper notice or during emergencies.
• Rent Adjustments: If repairs make your home partially or fully unlivable, you may be able to request a rent reduction or end your lease early (see below).
• Right to Repair and Deduct: If the landlord fails to fix essential services within 14 days, tenants may be able to make repairs themselves and deduct reasonable costs from rent using the "Tenant's 14-Day Notice of Material Noncompliance" (see forms below).

How to Handle Disruptive or Prolonged Repairs

Major repairs can sometimes interfere with your ability to live comfortably in your unit. If repairs make your rental unsafe or uninhabitable, Illinois law gives you several options:

• Officially notify your landlord of the problem in writing
• Request alternative accommodations or a temporary rent reduction for the affected period
• If unlivable, you may have legal grounds to break the lease without penalty (after providing notice and following procedures)
• Contact your city’s housing department if repairs are not addressed

Chicago tenants have further protections under the Chicago Residential Landlord and Tenant Ordinance (RLTO).

Official Forms: Protecting Your Rights

• Tenant’s 14-Day Notice of Material Noncompliance
  
  • When/How to Use: If your landlord fails to address a repair, serve this written notice describing the issue. If not fixed within 14 days, you may make repairs and deduct the cost from rent (up to $500 or one-half month’s rent, whichever is less).
  • Download the official 14-Day Notice form
• Illinois Attorney General Consumer Complaint Form
  
  • When/How to Use: If your landlord refuses basic repairs or violates your rights, you can file a housing complaint with the Attorney General’s office.
  • File a complaint online or download the Consumer Complaint Form

What If Repairs Make Your Home Unlivable?

If repairs are so disruptive that the unit cannot be safely occupied, you may have options:

• Request temporary accommodation or a hotel (sometimes offered by the landlord for major repairs)
• Document issues with photos and written communications
• Consult your local housing authority for specific action steps

Which Tribunal Handles Disputes?

Residential tenancy issues in Illinois are usually handled in local county circuit courts or, in Chicago, by the Chicago Department of Housing. The Illinois Housing Development Authority also provides information on tenant rights and complaint processes.

Common Legal References & Legislation

• Illinois Landlord and Tenant Act (765 ILCS 705)
• Security Deposit Return Act (765 ILCS 710)
• Chicago RLTO for City of Chicago residents

Frequently Asked Questions

1. Can my landlord enter my apartment without notice for repairs?
   Generally, your landlord must provide at least 24 hours’ written notice before entering, except in emergencies.
2. What if repairs are not made after I notify my landlord?
   You may be able to use the "repair and deduct" process by serving a 14-day notice. If still unresolved, file a complaint with the Illinois Attorney General or local housing authority.
3. Am I responsible for any repairs as a tenant?
   Tenants are responsible for repairs caused by their own intentional or negligent actions, but landlords must handle normal wear and essential maintenance.
4. Can I break my lease if repairs make my unit unlivable?
   Sometimes, yes—if major repairs or code violations make the premises unsafe, consult Illinois law and notify your landlord in writing before moving out.
5. Where do I file a complaint if my landlord refuses to fix major problems?
   You can file with the local housing department or use the Illinois Attorney General’s complaint system.

Summary of Key Takeaways

• Illinois law protects renters’ right to timely repairs and reasonable notice before landlord entry.
• If repairs are ignored, use the official 14-day notice and keep records of all requests.
• Major, unlivable repairs may entitle you to rent reductions or early lease termination.

Need Help? Resources for Renters

• Illinois Housing Development Authority (IHDA) – state-wide tenant info and support
• Illinois Attorney General – Tenant Rights (file complaints, guides)
• City of Chicago Department of Housing – RLTO enforcement, Chicago renters
• Illinois Department of Commerce & Economic Opportunity – additional housing assistance

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1. See: Illinois Landlord and Tenant Act (765 ILCS 705)
2. See: Illinois Security Deposit Return Act
3. See: Chicago RLTO - City of Chicago Website
4. Form: Tenant’s 14-Day Notice of Material Noncompliance
5. Form: Illinois Attorney General Consumer Complaint Form

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