In Illinois is it legal?

Question

We rent a high end apartment. We've lived here for almost 6 years. We have had a leaky roof since we moved in. the water leaks in when it rains through the electrical outlets and light switches, fireplace and the roof in general. we call maintenance everytime and they say they are going to give us a new roof, but instead they just patch it untill the next rain. Our carpet and walls are water stained. Our kids have major allergies. We cannot afford to move yet, but here's my question. Is it legal for us to refuse to pay rent in order to safe up a deposit for a new home, because of these issues? And if so who do we contact to do it legally?

I've stayed here this long because number one the rent is so high I can barely save to move and secondly because I'm stupid and keep beleiving them that they are going to fix it right.

Answer 1

No, you cannot withhold rent.

Curious, why have you stayed there for 6 years if this has been an ongoing problem?

Answer 2

I am a Realtor in VA and the way it is here, and probably there is if you have a land lord that won't fix a serious problem like this you can't refuse to pay but if you file a lawsuit to force them to fix it you can pay your rent to the courthouse to be held in escrow to the judge decides your case, usually this gets the ball rolling as they can't do anything to for doing this, if they win they get the rent back if the loose then they will probably still get the money but have to wait for it

Answer 3

wow ur kids have allergies bad.... go talk to the people who rented the appartment for you and tell them that the maintenence people are bla bla bla or ask good friend if u can borrow some money or it depends on how much u need

Answer 4

Hope this helps!

IF YOU LIVE IN URBANA
If you live in the City of Urbana, Urbana law allows you to use up to two months rent for repair and deduct, and some properties exempted under state law are covered by Urbana law; however, Urbana's repair-deduct law applies only to code violations cited by the city inspector and the time period is different.

Under Urbana's law, a tenant may not use rent money for repairs until after the housing inspector's deadline for compliance or any extension of that deadline has expired. The deadline is usually 30 days, but for certain violations, the city gives shorter deadlines. The Urbana city inspector will give no more than 3 days to correct: (a) Defective, dangerous or nonfunctioning plumbing, electrical, gas or other utility; (b) No heat or a malfunctioning heating system; (c) Blocked or locked fire exits; (d) Burned out or inoperable lights in hallways, stairwells, entry ways, parking areas or common areas; (e) Serious structural problems that render the premises uninhabitable; (f) Unsanitary or unhealthy conditions of such a magnitude that they pose an imminent health threat to the occupants and/or nearby dwellings. The Urbana city inspector will give no more than 5 days to correct: (a) Broken or missing locks on windows or doors; (b) Broken door frame, door or window; (c) Lack of hot water; (d) Inoperable toilet; e) Leaking pipes or plumbing fixtures; (f) Inoperable or missing smoke detectors; (g) Inoperable or missing carbon monoxide detectors; (h) Inoperable oven/range or refrigerator; (i) Leaking roof that poses a safety or health risk; (j) Torn or missing screens (in the summer and fall); (k) Broken or malfunctioning air conditioning (in hot weather).

Before you repair and deduct under Urbana's law, you must have a city inspection, send the landlord written notice of your intent to repair and deduct and wait until the deadline date stated on the notice of violation issued by the city. For more information, go to the section entitled "Repair and Deduct" under Urbana Landlord-Tenant Ordinance. If you live in Urbana, you may use either the Urbana Landlord-Tenant Ordinance or the Residential Tenant's Right to Repair Act.

IF YOU LIVE OUTSIDE CITY LIMITS
There are no city codes in unincorporated areas or in most towns in Champaign County. This means that no law requires your landlord to fix a leaky roof or an inoperable oven. The Tenant's Right to Repair Act covers only repairs required by law or by your lease. When you rent at a location where no law requires repairs, it is essential that you make sure your lease includes a promise by the landlord to perform repairs and a promise to provide all of the appliances that you expect the landlord to repair (oven, refrigerator, dishwasher, washer/dryer, air conditioner, etc.) Sample lease clauses promising repairs and promising the landlord will furnish certain appliances can be found in the section of this handbook called "Signing a Lease."

HOUSING INSPECTORS AND CITY CODES
If your housing unit is located in a city that has adopted property maintenance and life safety codes, you may be able to get assistance from the City government to persuade your landlord to perform needed repairs. Within the city limits of Champaign and Urbana, a wide variety of repair needs are covered by city codes, although every repair problem is not a code violation.

COVERED BY CODES (A FEW EXAMPLES)

Insufficient heat, no water, no hot water
Broken/missing locks on doors/windows
Roof/ceiling leaks
No lighting in hallways or stairwells
Window screens missing or torn
Doors or windows do not fit properly in frame or leak
Floor, wall or ceiling deteriorated
Plumbing leaks; toilet leaks, runs or is inoperable
Missing or inoperable smoke detector
Flooding, water seepage or sewage backed up
Other plumbing problems and electrical problems
Roach infestation if it's in more than one apartment

Answer 5

Probably your lawyer.