Illinois Repairs & Tenant Remedies
Illinois rules on repairs & habitability for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: Allowed for repairs costing no more than the lesser of $500 or one-half of monthly rent: tenant sends written notice by registered/certified mail; 765 ILCS 742/5, 742/10, 742/15
The rules in Illinois
| Repair and deduct | Allowed for repairs costing no more than the lesser of $500 or one-half of monthly rent: tenant sends written notice by registered/certified mail; if landlord does not repair within 14 days (or sooner in an emergency), tenant may have a licensed, insured, unrelated tradesman do the work and deduct the paid bill from rent. Does not apply to public housing, condominiums, co-ops, owner-occupied buildings with 6 or fewer units, or mobile homes. Separately, if a landlord fails to pay utilities it is responsible for, the tenant may pay and deduct (765 ILCS 735/1). Source: 765 ILCS 742/5, 742/10, 742/15 |
|---|---|
| Withholding rent | No general statewide rent-withholding statute. The AG lists, as an eviction defense, withholding a reasonable portion of rent where the landlord failed to maintain utilities or make repairs after notice. Withholding under the Right to Repair Act is a defense only if all of its requirements are met (765 ILCS 742/20). Chicago RLTO has a separate withholding procedure. |
| Landlord retaliation | Landlord may not knowingly terminate, raise rent, decrease services, sue or threaten to sue for possession, or refuse to renew because the tenant in good faith complained of code violations to government or a community organization, requested repairs, joined/organized a tenants' union, testified about conditions, or exercised any legal right. Rebuttable presumption of retaliation if protected activity occurred within one year before the landlord's act. Remedies: defense to eviction, termination, recovery of possession, and the greater of 2 months' rent or 2 times damages, plus attorney's fees. New act eff. 1-1-25 (P.A. 103-831) replaced and repealed the Retaliatory Eviction Act (765 ILCS 720); § 20 amended by P.A. 104-417 (eff. 8-15-25). Not retaliatory if landlord proves a legitimate basis or began the action first. |
Related questions
Illinois vs. neighboring states
| State | Repair and deduct | Withholding rent | Landlord retaliation |
|---|---|---|---|
| Illinois | Allowed for repairs costing no more than the lesser of $500 or one-half of monthly rent: tenant sends written notice by registered/certified mail; if landlord does not repair within 14 days (or sooner in an emergency), tenant may have a licensed, insured, unrelated tradesman do the work and deduct the paid bill from rent. 765 ILCS 742/5, 742/10, 742/15 | No general statewide rent-withholding statute. The AG lists, as an eviction defense, withholding a reasonable portion of rent where the landlord failed to maintain utilities or make repairs after notice. Illinois AG fact sheet 'Eviction Defenses' | Landlord may not knowingly terminate, raise rent, decrease services, sue or threaten to sue for possession, or refuse to renew because the tenant in good faith complained of code violations to government or a community organization, requested repairs, joined/organized a tenants' union, testified about conditions, or exercised any legal right. Rebuttable presumption of retaliation if protected activity occurred within one year before the landlord's act. Remedies: defense to eviction, termination, recovery of possession, and the greater of 2 months' rent or 2 times damages, plus attorney's fees. 765 ILCS 721/5-20 (Landlord Retaliation Act) |
| Indiana | Not authorized by statute. Tenant's remedy is a lawsuit after giving notice and a reasonable time to repair; tenant may recover actual and consequential damages, attorney's fees and costs, and injunctive relief. IC 32-31-8-5, 32-31-8-6 | Not authorized by statute; the statutory remedy is a court action under IC 32-31-8-6. IC 32-31-8-6 | Landlord may not raise rent, decrease/interfere with services, or bring or threaten an eviction/possession action in response to a tenant complaining to a code-enforcement agency about health/safety violations, complaining in writing to the landlord about IC 32-31-5-6 or 32-31-8-5 violations, suing under IC 32-31-6 or 32-31-8, joining a tenant organization, or testifying against the landlord. No statutory presumption period. Exceptions include non-renewal at end of term, market-rate rent increases, and evictions for unpaid rent or health/safety lease violations. IC 32-31-8.5-2 through 32-31-8.5-6 |
| Iowa | Limited. (1) If the landlord deliberately or negligently fails to supply heat, running water, hot water, or essential services, the tenant may give written notice and procure them and deduct the actual, reasonable cost from rent. (2) In a nonpayment eviction it is a defense, and the cost is deducted from rent claimed, if the tenant gave at least 7 days' notice before the rent due date of intent to fix a lease/§ 562A.15 violation, the reasonable cost was no more than one month's rent, and the repair was made in good faith before the landlord's termination notice. Iowa Code § 562A.23(1); § 562A.27(4) | No general right to withhold rent. In a nonpayment possession action, the tenant may counterclaim for amounts owed by the landlord; the court may order rent paid into court and decides the net amount due. Iowa Code § 562A.24 | Landlord may not raise rent, decrease services, or bring or threaten an action for possession after the tenant complains to a code-enforcement agency about a health/safety violation, complains to the landlord about a § 562A.15 violation, or organizes or joins a tenants' union. A good-faith complaint within one year before the alleged retaliation creates a presumption of retaliation. Tenant may recover actual damages and attorney fees and has a defense to eviction. Iowa Code § 562A.36 |
| Kentucky | URLTA areas: if the landlord willfully fails to fix a health/safety violation costing less than the greater of $100 or one-half month's rent within 14 days after written notice (sooner in emergencies), the tenant may have the work done and deduct the paid, itemized cost from rent. For willful failure to supply heat, water, hot water, electric, gas or other essential services, the tenant may buy them and deduct the cost. Non-URLTA areas: no statute. KRS 383.635; KRS 383.640 | No general withholding right. URLTA areas: in a nonpayment possession action the tenant may counterclaim and the court may order rent paid into court; a tenant who obtains substitute housing during an essential-services failure is excused from rent for that period. Non-URLTA areas: no statute. KRS 383.645; KRS 383.640(1)(c) | URLTA areas: landlord may not raise rent, decrease services, or bring or threaten eviction after a tenant complains to a code agency, complains to the landlord about KRS 383.595 maintenance duties, or joins/organizes a tenants' union. A complaint within one year before the act creates a presumption of retaliation. Remedies: those in KRS 383.655 (up to 3 months' rent plus attorney fees) and a defense to eviction. Non-URLTA areas: no statute. KRS 383.705 |
| Missouri | Allowed in narrow cases: tenant must have lived there 6 consecutive months, be current on rent, and have no uncured written lease-violation notice. The condition must affect habitability, sanitation, or security and violate a local housing/building code. Reasonable repair cost must be under $300 or one-half month's rent, whichever is greater, but never more than one month's rent. Tenant gives written notice; landlord has 14 days (or promptly in an emergency) to fix. Tenant then gives an itemized statement with receipts. Total deductions are capped at one month's rent in any 12-month period. RSMo 441.234 | No general right to withhold rent. The AG says a tenant who withholds rent may be evicted. Exceptions: repair-and-deduct under 441.234, and court-ordered rent payments in a deficient-housing/nuisance receivership action, which are a defense to eviction for nonpayment. RSMo 441.234; 441.570-441.580 | No general statewide anti-retaliation statute for residential tenants. RSMo Chs. 441, 534 and 535 (no section on retaliation) |
| Wisconsin | No repair-and-deduct remedy. The landlord must keep the premises in reasonable repair, make structural repairs, keep landlord-supplied equipment working, and comply with local housing codes. These duties cannot be waived in a residential lease. Wis. Stat. § 704.07(1)-(2) | Full rent withholding is not authorized while the tenant stays. If the unit becomes untenantable, or a landlord repair violation materially affects health or safety, rent abates to the extent the tenant loses full normal use. Alternatively, the tenant may move out unless the landlord promptly repairs, and owes no rent after the unit became untenantable. Wis. Stat. § 704.07(4) | Landlord may not raise rent, decrease services, bring an eviction, refuse to renew, or threaten any of these because the tenant: complained in good faith about a defect to a public official or local code-enforcement agency, complained to the landlord about a § 704.07 or housing-code violation, or exercised a legal tenant right. ATCP 134.09(5) also protects joining or organizing a tenants' union, and a lease allowing retaliation for calling police, health, or safety services is void. Wis. Stat. § 704.45; Wis. Admin. Code ATCP 134.09(5); Wis. Stat. § 704.44(1m) |
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Illinois Repairs & Tenant Remedies FAQ
Can a tenant repair and deduct from rent in Illinois?
Allowed for repairs costing no more than the lesser of $500 or one-half of monthly rent: tenant sends written notice by registered/certified mail; if landlord does not repair within 14 days (or sooner in an emergency), tenant may have a licensed, insured, unrelated tradesman do the work and deduct the paid bill from rent. (765 ILCS 742/5, 742/10, 742/15)
Can a tenant withhold rent for repairs in Illinois?
No general statewide rent-withholding statute. The AG lists, as an eviction defense, withholding a reasonable portion of rent where the landlord failed to maintain utilities or make repairs after notice. (Illinois AG fact sheet 'Eviction Defenses')
Can a landlord retaliate against a tenant for complaining in Illinois?
Landlord may not knowingly terminate, raise rent, decrease services, sue or threaten to sue for possession, or refuse to renew because the tenant in good faith complained of code violations to government or a community organization, requested repairs, joined/organized a tenants' union, testified about conditions, or exercised any legal right. Rebuttable presumption of retaliation if protected activity occurred within one year before the landlord's act. Remedies: defense to eviction, termination, recovery of possession, and the greater of 2 months' rent or 2 times damages, plus attorney's fees. (765 ILCS 721/5-20 (Landlord Retaliation Act))
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.