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| Public Act 093-0891 |
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AN ACT in relation to property.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Residential Tenants' Right to Repair Act.
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Section 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,
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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
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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
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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
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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
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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.
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Section 10. Exceptions.
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(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.
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(b) This Act does not apply to condominiums.
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(c) This Act does not apply to not-for-profit corporations | ||
organized for the
purpose of residential cooperative housing.
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(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.
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(f) This Act does not apply to any dwelling unit that is | ||
subject to the Mobile Home Landlord and Tenant Rights Act.
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Section 15. Tenant liabilities and responsibilities. The | ||
tenant is responsible for ensuring that:
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(1) the repairs are performed in a workmanlike manner in | ||
compliance with the appropriate law, administrative rule, or | ||
local ordinance or regulation;
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(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
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(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.
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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.
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Section 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.
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Section 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
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landlord.
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Section 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
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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.
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