Repair and Reduction Letter

This letter can be used when a landlord fails to adequately maintain the condition of the rental property. As summarized by Metropolitan Tenants Organization, a landlord is responsible for doing all of the following:

  • Keep your toilet, bathtub, shower, and bathroom sink in good working order;

  • Keep your furnace and boiler in good working order;

  • Keep your windows weatherproof;

  • Keep your floors, walls and ceilings in good repair;

  • Keep your plumbing fixtures in good repair;

  • Keep your electrical outlets safe and operable;

  • Prevent the accumulation of stagnant water;

  • Keep all of the appliances he supplies in good working order;

  • Maintain the building is foundation, exterior walls, and roof in good and watertight condition;

  • Provide adequate hall and stairway lighting; Keep all stairways and porches in a safe and sound condition;

  • Provide trash containers;

  • Protect you against rodents and insects by exterminating; and

  • Comply with all other requirements of Chicago’s Municipal Code.

All Chicago landlords are legally responsible for this level of maintenance, and any tenant can and should demand repairs in writing and report violations to 311. However, only tenants protected by the Chicago Residential Landlord Tenant Ordinance (RLTO) and/or the Illinois Residential Tenants' Right to Repair Act have the right to reduce their rent payment to reflect the diminished value of their apartment or to cover the cost of making necessary repairs on their own. The RLTO protects all tenants within the city of Chicago, with or without written leases, in private and subsidized rental units, with the exception of tenants living in an owner-occupied building that has 6 or fewer units. Tenants outside of Chicago are covered by the Illinois Right to Repair Act, with the exception of those in public housing, condos, housing co-ops run by non-profit corporations, mobile homes, or an owner-occupied building that has 6 or fewer units.

A tenant covered by one or both of these laws can use this letter template to declare their intent to withhold rent. Be sure to send via certified mail in order to receive confirmation that the letter has been delivered. Rent can only be withheld 14 days after the landlord receives the letter. For example: If a tenant sends a repair and reduction letter on July 25th, they will still be responsible for paying July 1st rent in-full. However, after July 8th, the tenant will have the right to begin making repairs on their own and can deduct the cost from August 1st rent. (For tenants covered by the RLTO, the maximum deduction is whichever is greater of either $500 or ½ the cost of monthly rent. For those covered by the Illinois Right to Repair Act, the maximum deduction is whichever is lesser of either $500 or ½ the cost of monthly rent. A tenant deducting more money than legally allowed is exposed to the landlord’s own legal rights to pursue unpaid rent, including the risk of eviction). If the tenant does not wish to make repairs on their own, they can still reduce the amount they pay in rent after 14 days notice, but the amount must reasonably reflect the reduced value of the apartment. Attempting to withhold too much rent, even with proper notice, can put the tenant at risk of eviction for non-payment.