Can I Deduct Repairs From Rent in Chicago?
Proceed with caution and follow the law!
If you are a renter and you find conditions in your home that need to be repaired, you may be tempted to take care of the repairs yourself and deduct it from your rent later. Before doing so, be sure you’ve done everything you need to do to comply with your lease and/or local law. Note that this refers to minor repairs only!
First, check your lease. It likely covers who is responsible for repairs and the notification process. It’s common for that provision in your lease to require you to allow the landlord the opportunity to repair before you you are entitled to do it yourself and charge the landlord for it after the fact.
If your lease is silent on this issue, then it’s possible that the Chicago Residential Landlord Tenant Ordinance applies. The RLTO applies to all apartments in Chicago unless the building has six or fewer units AND the landlord lives in the building.
When it comes to repairs, under the RLTO, the tenant must give the landlord written notice of the needed repair. Be as specific as possible. It’s best to send a letter via registered or certified mail, so that you receive proof that the letter was received by your landlord. If you decide to deliver the letter in person, bring a witness. If you email the written notice, request a read receipt on the email. Keep a copy of the letter for yourself.
The landlord has 14 days from receipt of the written notice to make the repair. On the 15th day, the tenant is permitted to make the repair and deduct the amount of the repair from the next month’s rent, up to $500 or 1/2 of one month’s rent, whichever is more, but in no case more than one month’s rent. Alternatively, the renter may deduct from the rent an amount that “reasonably reflects the reduced value of the unit.” This can begin on the 15th day until the repair is made. The first option is usually the best course because it is the easiest to prove (in case you end up in court) and is not subjective.
If you have other questions about your rights as a tenant or as a landlord, contact Turrisi Law for a free consultation. Book online or call 312-448-8089. For more information about the RLTO, see this summary from the City of Chicago or read the entire stature for yourself here.