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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116140
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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We live in Illinois. Our tenant withheld a portion of last

Customer Question

We live in Illinois. Our tenant withheld a portion of last month's rent due to waiting on a repair (a ceiling link). We are renting our condo and cannot proceed with repairs until we get the association's approval. What does the warranty of habitability say regarding this? I plan to insist on the full month's rent, but want to know my rights.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The warranty of habitability states the landlord must make necessary repairs as soon as practicable and reasonable upon notice from the tenant. If you have received notice from the tenant and you have notified them you are in the process of getting the repairs arranged, but the bylaws require you wait for association approval which has not been granted yet, then their withholding rent is not reasonable and you can give them a 3 day notice to evict for non-payment if you choose and in the notice you need to explain that the repair cannot be made until the association approves and you have done what you need to do to get the approval and the delay is not your fault.

The warranty of habitability also says the defect in the premises has to make the premises unable to be lived in because of the defect. If the damage does not make the premises unable to be lived in, then you also have the defense that the premises is still habitable and that you are taking the reasonable action to make the repairs.