765 ILCS 742/ Residential Tenants' Right to Repair Act.

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

765 ILCS 742/1

(765 ILCS 742/1)

Sec. 1. Short title. This Act may be cited as the Residential Tenants' Right to Repair Act.

(Source: P.A. 93-891, eff. 1-1-05.)

765 ILCS 742/5

(765 ILCS 742/5)

Sec. 5. Repair; deduction from rent.

 If a repair is required under a
residential lease
agreement or required under a law, administrative rule, or local ordinance or
regulation,
and the reasonable cost of the repair does not exceed the lesser of $500 or
one-half of the
monthly rent, the tenant may notify the landlord in writing by registered or certified mail or other restricted delivery service to the address of the landlord or an agent of the landlord as indicated on the lease agreement; if an address is not listed, the tenant may send notice to the landlord's  last known address of the tenant's
intention to
have the repair made at the landlord's expense.
If the landlord fails to make the repair
within 14 days after being notified by the tenant as provided above or more promptly
as
conditions require in the case of an emergency, the tenant may have the repair
made in
a
workmanlike manner and in compliance with the appropriate law, administrative
rule, or
local ordinance or regulation. Emergencies include conditions that will cause irreparable harm to the apartment or any fixture attached to the apartment if not immediately repaired or any condition that poses an immediate threat to the health or safety of any occupant of the dwelling or any common area.  After submitting to the landlord a paid bill
from an
appropriate tradesman or supplier unrelated to the tenant, the tenant may deduct from his or
her rent the
amount of the bill, not to exceed the limits specified by this Section and not
to exceed the
reasonable price then customarily charged for the repair.   If not clearly indicated on the bill submitted by the tenant, the tenant shall also provide to the landlord in writing, at the time of the submission of the bill, the name, address, and telephone number for the tradesman or supplier that provided the repair services.  A tenant may not
repair at the
landlord's expense if the condition was caused by the deliberate or negligent
act or
omission of the tenant, a member of the tenant's family, or another person on
the
premises with the tenant's consent.

(Source: P.A. 93-891, eff. 1-1-05.)

765 ILCS 742/10

(765 ILCS 742/10)

Sec. 10.

Exceptions.

(a) This Act does not apply to public housing as defined in Section 3(b) of
the
United States Housing Act of 1937, as amended from time to time, and any
successor
Act.

(b) This Act does not apply to condominiums.

(c) This Act does not apply to not-for-profit corporations organized for the
purpose of residential cooperative housing.

(d) This Act does not apply to tenancies other than residential tenancies.

(e) This Act does not apply to owner-occupied rental property containing 6 or fewer dwelling units.

(f) This Act does not apply to any dwelling unit that is subject to the Mobile Home Landlord and Tenant Rights Act.

(Source: P.A. 93-891, eff. 1-1-05.)

765 ILCS 742/15

(765 ILCS 742/15)

Sec. 15. Tenant liabilities and responsibilities.

The tenant is responsible for ensuring that:

(1) the repairs are performed in a workmanlike manner

in compliance with the appropriate law, administrative rule, or local ordinance or regulation;

(2) the tradesman or supplier that is hired by the

tenant to perform the repairs holds the appropriate valid license or certificate required by State or municipal law to make the repair; and

(3) the tradesman or supplier is adequately insured

to cover any bodily harm or property damage that is caused by the negligence or substandard performance of the repairs by the tradesman or supplier.

The tenant is responsible for any damages to the premises caused by a tradesman or supplier hired by the tenant.  A tenant shall not be entitled to exercise the remedies provided for in this Act if the tenant does not comply with the requirements of this Section.

(Source: P.A. 93-891, eff. 1-1-05.)

765 ILCS 742/20

(765 ILCS 742/20)

Sec. 20. Defense to eviction.

A tenant may not assert as a defense to an action for rent or eviction that rent was withheld under this Act unless the tenant meets all the requirements provided for in this Act.

(Source: P.A. 93-891, eff. 1-1-05.)

765 ILCS 742/25

(765 ILCS 742/25)

Sec. 25. Mechanics lien laws.

 For purposes of mechanics lien laws,
repairs
performed
or materials furnished pursuant to this Act shall not be construed as having
been
performed or furnished pursuant to authority of or with permission of the
landlord.

(Source: P.A. 93-891, eff. 1-1-05.)

765 ILCS 742/30

(765 ILCS 742/30)

Sec. 30. Home rule.

 A home rule unit may not regulate residential lease
agreements in
a manner that diminishes the rights of tenants under this Act. This Section is
a limitation
under subsection (i) of Section 6 of Article VII of the Illinois Constitution
on the
concurrent exercise by home rule units of powers and functions exercised by the
State.

(Source: P.A. 93-891, eff. 1-1-05.)