Legal Question in Landlord & Tenant Law in Illinois
My landlord ADMITTED to not following my town's heat ordinance requiring landlords to make their heat AVAILABLE for use by their tenants from September 15 through June 1. My landlord stated that she "does not care about the Village's heat requirements" because many of her tenants tend to WASTE heat by OPENING UP THEIR WINDOWS when they get too hot, rather than turning off the radiator valves. I have incurred additional energy expenses as a result of having to provide my own heat. Our building maintenance person even yelled "STOP," then HUNG UP on me on one occasion when I had given him a phone call regarding his promise to stop by my apartment on a particular day to fix something. I no longer want to live there because of their UNPROFESSIONALISM, but I don't have the money to move. Do I have a LEGAL right to withhold the amount of rent that I will need to pay moving expenses? If the landlord sues me for eviction, will I have a good defense in court?
1 Answer from Attorneys
Unless your community has a local ordinance allowing you to terminate your lease, the remedy you have available is under Illinois State law, called the "Residential Tenants Right to Repair Act" (which requires 14 days notice to the landlord of the repair needed and if the landlord fails to repair you may be able to have the repair made and deduct a portion of your rent but not all depending how much the repair is and how much the rent is) but in this situation you may need to call the local building department and register a complaint about lack of heating. Of course the landlord will then turn on the heat by the time the inspectors come out and it will be a mess. So yes, if you try anything and the landlord attempts to evict you for non-payment of rent, Illinois law also says you are entitled to defend on the basis that the rental unit is not habitable, and lack of heating when required by the lease or by local code would be a good indicator of that, but once again without proper legal guidance you may not be able to make your case. I recommend contacting a local attorney who can help you put some proper communications out and do other things that can build your case and, finally, if the landlord attempts to kick you out because she views you as a troublemaker, you also have the defense (by statute) of a "retaliatory eviction" which means the landlord can't kick you out for asserting your legal/lease rights. Unfortunately again without building a proper case, attempting these things on your own could backfire. And an attorney may find other things in your lease that could be helpful......
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