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Marilyn D. Glazer, GRI, CRS, CRB, M.S.ED. Beginning January 1, 2005, a new statute will become enforceable regarding landlord/tenant issues of repair. The Residential Tenant's Right to Repair Act (765 ILCS 742) provides that a tenant in a residential lease may have repairs performed to the leased premises and deduct the cost of repair from the rent in an amount that does not exceed the lesser of one half of the monthly rent or $500. However, the tenant only has this right, if, under the lease, the obligation to repair is the landlord's obligation. Additionally, before deducting the amount of repairs, the tenant must give the landlord prior written notice of the need for repair by certified, registered, or other restricted mail delivery at the landlord's last known address. If the landlord does not, then, perform the repairs within 14 days of the notice, the tenant then is free to repair |
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and deduct the amount from the rent. The
tenant must submit a paid receipt showing the amount paid by the tenant. In
the event of an emergency repair (i.e., one that if not repaired would cause
irreparable harm or pose an immediate threat to health or safety), the tenant
can make the repair without waiting the 14 days. The repairs must be
performed by a licensed or certified repairman who has proper liability
insurance. Under the Act, the tenant is responsible for any damages and
responsible for insuring that the work is done in a workmanlike manner and in
compliance with all local laws. The tenant cannot deduct for repairs of
damage that was caused by the tenant or the tenant's invitees. Finally, the
Act also provides that the person making the repairs does not have the right
to a mechanic's lien. |
