Public Act 093-0891
SB2988 Enrolled LRB093 20652 WGH 46501 b

    AN ACT in relation to property.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 1. Short title. This Act may be cited as the
Residential Tenants' Right to Repair Act.
    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,
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.
    Section 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.
    Section 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.
    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.
    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
    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
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.

Effective Date: 1/1/2005