Legal Question in Landlord & Tenant Law in Illinois

My boyfriend and I rent in Machesney Park, Il. We pay $845 a month which is a pretty hefty rent bill. Its silly but our dishwasher isn't working. They sent one of their service men out only to tell US nothing was wrong. We also did all the cleaning, And maintenance they asked. Its not cleaning dishes right and we've tried everything. I have called them so many times its not even funny and they won't replace it. I finally told them we will withold rent till its replaced or fixed. Its probably really old. We pay rent to have a functioning dishwasher. And its really frustrating because they have a warehouse full of them appliances. Can we legally withhold rent? Any suggestions?


Asked on 8/06/13, 3:19 pm

1 Answer from Attorneys
Joseph Brabender Brabender & Chiang LLC

Probably not. Many municipalities have their own laws regarding landlord and tenant issues and I am not familiar with Machesney Park. I doubt it has robust tenant protections.

Under general Illinois law withholding rent is not permitted and the landlord may evict you and sue for damages. Even if it is permitted, you should not do so without consulting with an attorney.

Your choices are probably either moving out at the end of the lease term, negotiate an early exit or hire your own repairman at your own cost.

Here is a link to a Landlord and Tenant rights guide authored by SIU. http://www.law.siu.edu/selfhelp/info/property/Landlord-Tenant Rights in IL.pdf

Good luck.

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Answered on 8/06/13, 3:28 pm


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