Withholding Rent in Chicago
The option of withholding rent in Chicago is often overlooked. Tenants often assume their options are to sue their landlord for money, or just terminate their lease. But there’s a third, fairly powerful, option to consider.
Section 5-12-110(d) of the Chicago Residential Landlords and Tenants Ordinance (CRLTO) states that,
“If there is material noncompliance by the landlord with the rental agreement or with Section 5-12-070, the tenant may notify the landlord in writing of the tenant’s intention to withhold from the monthly rent an amount which reasonably reflects the reduced value of the premises due to the material noncompliance. If the landlord fails to correct the condition within 14 days after being notified by the tenant in writing, the tenant may, during the time such failure continues, deduct from the rent the stated amount.”
This Section gives tenants the right to withhold rent for any “material noncompliance” with the lease or Section 5-12-070. Common residential leases usually don’t impose many requirements on landlords when it comes to maintenance, so we recommend looking to the CRLTO. Section 5-12-110 provides a list of violations that qualify as material noncompliance:
“For purposes of this section, material noncompliance with Section 5-12-070 shall include, but is not limited to, any of the following circumstances:
Failure to maintain the structural integrity of the building or structure or parts thereof;
Failure to maintain floors in compliance with the safe load-bearing requirements of the municipal code;
Failure to comply with applicable requirements of the municipal code for the number, width, construction, location or accessibility of exits;
Failure to maintain exit, stairway, fire escape or directional signs where required by the municipal code;
Failure to provide smoke detectors, sprinkler systems, standpipe systems, fire alarm systems, automatic fire detectors or fire extinguishers where required by the municipal code;
Failure to maintain elevators in compliance with applicable provisions of the municipal code;
Failure to provide or maintain in good working order a flush water closet, lavatory basin, bathtub or shower, or kitchen sink;
Failure to maintain heating facilities or gas-fired appliances in compliance with the requirements of the municipal code;
Failure to provide heat or hot water in such amounts and at such levels and times as required by the municipal code;
Failure to provide hot and cold running water as required by the municipal code;
Failure to provide adequate hall or stairway lighting as required by the municipal code;
Failure to maintain the foundation, exterior walls or exterior roof in sound condition and repair, substantially watertight and protected against rodents;
Failure to maintain floors, interior walls or ceilings in sound condition and good repair;
Failure to maintain windows, exterior doors or basement hatchways in sound condition and repair and substantially tight and to provide locks or security devices as required by the municipal code, including deadlatch locks, deadbolt locks, sash or ventilation locks, and front door windows or peepholes;
Failure to supply screens where required by the municipal code;
Failure to maintain stairways or porches in safe condition and sound repair;
Failure to maintain the basement or cellar in a safe and sanitary condition;
Failure to maintain facilities, equipment or chimneys in safe and sound working condition;
Failure to prevent the accumulation of stagnant water;
Failure to exterminate insects, rodents or other pests;
Failure to supply or maintain facilities for refuse disposal;
Failure to prevent the accumulation of garbage, trash, refuse or debris as required by the municipal code;
Failure to provide adequate light or ventilation as required by the municipal code;
Failure to maintain plumbing facilities, piping, fixtures, appurtenances and appliances in good operating condition and repair;
Failure to provide or maintain electrical systems, circuits, receptacles and devices as required by the municipal code;
Failure to maintain and repair any equipment which the landlord supplies or is required to supply; or
Failure to maintain the dwelling unit and common areas in a fit and habitable condition.”
If you can prove that your rental unit has one of the above-listed violations, you can sent a written notice to your landlord notifying your landlord that, if the violations are not cured within 14 days, you will start withholding rent.
How much exactly can you withhold? “[A]n amount which reasonably reflects the reduced value of the premises.”
When you write your rent withholding letter, list the problematic conditions that need to be addressed and cite the sections in the ordinance above. Be specific as to what at your apartment is causing the violations to occur. Then give your landlord 14 days to cure the violations. Send your letter by U.S. Certified Mail with a return receipt (the green card) so you can track it and prove receipt of the letter.
