Legal Question in Real Estate Law in Illinois

We rent in Chicago, IL. We have been dealing with nasty fumes in our master bath for months as the wax ring keeps breaking on the toilet due to poor construction by the previous owner, and we waited 3 weeks for our landlords to repair the wooden floor in the 2nd bed we didn't want to repair due to the hassle. We moved everything out of the bedroom including closets as we waited 3 wks. Can we break our lease, or deduct rent due to the hassle, toxic wood dust we are breathing in, toxic sewage fumes, and clean up we need to do each time these contractors/repair men come to fix the items and leave a mess?


Asked on 11/18/13, 10:04 pm

1 Answer from Attorneys
Stephen Messutta

If you live in a building 6 units or more, or less and the landlord does NOT live there, the Chicago Residential Landlord & Tenant Ordinance (RLTO) applies; otherwise the Illinois Residential Tenants Right to Repair Act applies. Under both you basically must give written notice to the landlord of the issue and the landlord basically has 2 weeks to fix or, if not, you have the right to do so and then deduct the cost up to a cap from your rent. If it renders the unit not habitable, the RLTO may also give you the ability to break the lease. Read the RLTO (it's available on line and a summary should be attached to your lease even if it does NOT apply) or seek an attorney's help -- navigating the RLTO or even the Illinois law can be tricky and you don't need the landlord to overreact with an eviction notice.....

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Answered on 11/27/13, 9:29 am


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