Housing · Repair and Deduct
Repair and Deduct in Illinois
How much of the rent a tenant can spend on a repair and subtract in Illinois, how often, the notice required, and the alternative if the state has no statutory remedy. Cited to the statute.
How repair and deduct works in Illinois
The cost cap or the alternative remedy, the notice steps, and the limits that apply.
| How it works | What it means |
|---|---|
| Statewide cap: the lesser of $500 or half a month’s rent | Under the Residential Tenants’ Right to Repair Act (765 ILCS 742/5), the remedy applies where the reasonable cost of the repair does not exceed the lesser of $500 or one-half of the monthly rent. This is the modest, low-dollar version. |
| Written notice by certified mail, then 14 days | The tenant must notify the landlord in writing by registered or certified mail. The landlord then has 14 days, or less for an emergency, to repair before the tenant may act. |
| Submit a paid bill from an unrelated tradesman | After the repair, the tenant may deduct only after submitting a paid bill from a tradesman or supplier unrelated to the tenant, not exceeding the cap or the customary price. |
| Chicago and a few cities are more generous | Chicago, Evanston, Cook County, and Oak Park allow repair-and-deduct for a minor defect up to the greater of $500 or half a month’s rent, not to exceed one month’s rent, with 14 days’ written notice. |
| Limits and alternatives | What it means |
|---|---|
| Tenant-caused conditions | The state Act does not apply where the condition was caused by the deliberate or negligent act of the tenant, a family member, or a person on the premises with the tenant’s consent. |
| Excluded property types | The Act does not cover public housing, condominiums, cooperatives, non-residential tenancies, owner-occupied buildings with six or fewer units, or mobile-home-park units. Confirm the current list against the statute. |
What you can do right now
Concrete, neutral steps if the landlord will not repair in Illinois. This is legal information, not legal advice.
- Check whether the state Act or a local ordinance applies
Statewide, the cap is the lesser of $500 or half a month’s rent. In Chicago and a few cities the cap is the greater of the two. These are opposite; use the right one for your location.
- Send written notice by certified mail
Notify the landlord in writing by registered or certified mail, then wait 14 days, or less in an emergency, before repairing.
- Use an unrelated tradesman and keep the paid bill
Have the work done by someone unrelated to you, and submit the paid bill. You can only deduct up to the cap and the customary price.
- Talk to an Illinois tenant resource if excluded
If your building is excluded, such as an owner-occupied six-unit, a local ordinance or rent withholding may apply. A tenant hotline or licensed attorney can advise. The State Bar can refer you to one.
Repair remedies have strict notice steps, and using the wrong one can put your tenancy at risk. This resource can connect you with a tenant hotline or a licensed attorney.
→ Illinois State Bar — Illinois Lawyer FinderThis is general legal information, not legal advice. Notice steps, caps, and local ordinances can change the answer, so confirm your situation with a tenant resource or a licensed attorney.
What Illinois tenants get wrong about repair and deduct
Illinois does have a statewide repair-and-deduct law, which surprises people who assume only Chicago protects tenants. The Residential Tenants’ Right to Repair Act, 765 ILCS 742, lets a tenant spend up to the lesser of $500 or half a month’s rent on a repair and subtract it from rent, after written notice by registered or certified mail and a 14-day wait. The word lesser matters, because Chicago and a few home-rule cities like Evanston, Cook County, and Oak Park flip it: their ordinances use the greater of $500 or half a month’s rent, up to one month’s rent. Getting those two backwards is the easiest mistake on this topic. Statewide, you must use a tradesman unrelated to you and submit the paid bill, and you can only deduct up to the cap and the customary price. The Act also excludes several building types, including owner-occupied buildings with six or fewer units, public housing, condos, and mobile-home lots, where a local ordinance or rent withholding is the fallback. Check your city first.
Common questions
How much can a tenant repair and deduct in Illinois?
Statewide, the lesser of $500 or half a month’s rent, under 765 ILCS 742/5. Chicago and a few municipalities allow the greater of the two, up to one month’s rent.
How is Chicago different from the Illinois state repair-and-deduct law?
The state Act caps the cost at the lesser of $500 or half a month’s rent, while Chicago’s ordinance uses the greater of the two, up to one month’s rent. The words are opposite, so use the right rule for your location.
What notice does Illinois require before repair and deduct?
Written notice by registered or certified mail, followed by 14 days, or less in an emergency, for the landlord to repair. After the repair, you submit a paid bill from an unrelated tradesman.
Which Illinois buildings are excluded from the repair-and-deduct Act?
Public housing, condominiums, cooperatives, non-residential tenancies, owner-occupied buildings with six or fewer units, and mobile-home-park units are excluded. There, a local ordinance or rent withholding is the fallback.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.