Legal Question in Landlord & Tenant Law in Illinois

Can I stop paying rent if our apartment is infested with bugs


Asked on 7/25/16, 8:38 am

1 Answer from Attorneys

Generally not a good idea if you haven't even let your landlord know. If you have, however, you may have several options. If you have a written lease, first look at it and see who's responsible for extermination. If you are in an apartment, likely the landlord. If a house, could be you. Next, check with your municipality and see if they have a landlord-tenant ordinance or similar ordinance covering the issue. If so, you may have additional remedies. If not, back to the lease. If you are responsible, that's one thing. If the landlord is, you may have a few options. The Illinois Residential Right to Repair Act gives tenants the right to make repairs and withhold a PORTION of rent, but there is a notice procedure to follow. Simply stopping the payment of rent to force the landlord to do what it is supposed to, may violate your lease and even if you are right all your are possibly inviting is an eviction where you may have a defense of "habitability", although defending a lawsuit is often cheaper than starting one to force the landlord to do its job. Once you check with your municipality, take your lease to a lawyer who can fully assess the situation with you.

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Answered on 7/26/16, 7:40 am


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