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What is the landlord's repair cost obligation under Illinois law?

What is the landlord's repair cost obligation under Illinois law?

Full question:

Per the rental agreement, every year I (landlord) am required to do repair work (if needed) in the rental property. However, the agreement does not specify the amount that I am obligated to spend on the repair work. Is there a law that provides for a limit or amount that the landlord is required to spend on such repairs in the rental premises?

Category: Landlord Tenant
Subcategory: Repairs
Date: 04/07/2025
State: Illinois

Answer:

In Illinois, if a repair is needed under a residential lease, the tenant can notify the landlord. The law states that if the repair cost is less than $500 or half of the monthly rent, the tenant can send written notice to the landlord. This notice can be sent via registered or certified mail to the address listed in the lease or the landlord's last known address if none is provided. This means the minimum amount a landlord may need to spend on repairs is $500 or half of the monthly rent, whichever is less (765 ILCS 742/5).

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What are renters' rights in South Carolina?

In South Carolina, renters have the right to a habitable living environment, which includes safe and functional plumbing, heating, and electrical systems. They can request repairs from their landlord and must receive a response within a reasonable time. If repairs are not made, tenants may have the right to withhold rent or terminate the lease under certain conditions. Additionally, South Carolina law protects tenants from retaliatory actions by landlords for exercising their rights. It's important to check local laws for specific details.

What is the tenant's responsibility to repair?

In general, tenants are responsible for maintaining the rental property in a clean and safe condition. This includes minor repairs and upkeep, such as changing light bulbs and replacing batteries in smoke detectors. However, major repairs, such as plumbing or structural issues, are typically the landlord's responsibility. Tenants should refer to their lease agreement for specific obligations and communicate with their landlord regarding any necessary repairs.

What can I do if my landlord won't fix things in Illinois?

If your landlord in Illinois refuses to make necessary repairs, you can first send them written notice detailing the needed repairs. If they still do not respond, you may have the option to withhold rent, make the repairs yourself and deduct the cost from your rent, or file a complaint with local housing authorities. Keep records of all communications and repairs for your protection. Consult an attorney for advice tailored to your situation.

How can a landlord violate a lease?

A landlord can violate a lease by failing to fulfill their obligations, such as not making necessary repairs, not providing essential services like heat or water, or entering the rental property without proper notice. Additionally, if a landlord retaliates against a tenant for exercising their rights, this may also constitute a lease violation. Tenants should document any violations and consider seeking legal advice if issues persist.

What repairs are the responsibility of the tenant?

Tenants are generally responsible for minor repairs and maintenance, such as changing light bulbs, cleaning, and maintaining appliances. They should also report any damage or issues to the landlord promptly. However, major repairs related to the structure, plumbing, or electrical systems are typically the landlord's responsibility. Always check your lease agreement for specific responsibilities.

What is considered landlord negligence?

Landlord negligence occurs when a landlord fails to maintain the rental property in a safe and habitable condition, leading to harm or damage. This can include ignoring repair requests, failing to address safety hazards, or not complying with health and building codes. If a tenant suffers due to such negligence, they may have grounds for legal action. Documenting all issues and communications is crucial for any claims.