Tenant can't withhold rent if landlord refuses to make repairs

Q. I am having big problems with my landlord and I am hoping you can help me.

One, if the property needs repair and the landlord refuses to fix the problem, what options do I have? Can I fix the problem and deduct the cost from the rent? Can I move out?

Two, do I earn interest on my security deposit? How long after I move out does the landlord have to return my security deposit?

Three, can the landlord terminate my lease and evict me if my rent is paid up?

Thank you for your help.

A. Illinois law regarding the rights and obligations of landlords and tenants is found in Article IX of the Illinois Code of Civil Procedure, as well as case law involving specific issues. Your questions are common issues raised in landlord tenant law and I will give you the best guidance I am able given the limited information furnished.

In the event the property incurs damage that is not caused by the tenant or tenant's invitees, I suggest sending a letter to the landlord via certified mail describing the damage and requesting that the damage be repaired. I also suggest taking photographs/video of the damage. In the event the landlord refuses to correct the problem and the problem is severe, you may consider contacting the building department of your municipality and request they come to your home and file a report.

Unfortunately, nothing in the state statutes specifically addresses repairs to rental property. Accordingly, if you withhold rent or use rent money to correct the problem, you are subjecting yourself to an eviction based upon failure to pay rent. If you simply move out, you are subjecting yourself to a claim for damages based upon a breach of the lease.

In either case, the question will then become whether or not, in the court's eyes, you were justified in taking the action you did. Obviously, pictures of the damage and/or evidence from the village building department will go a long way in validating your actions.

Illinois law provides that your landlord must pay you interest on your security deposit if the deposit is held in excess of six months and there are at least 25 units in your building or complex. The interest must be paid or applied as a credit to your rent every 12 months. In the event your premises qualifies under the statute and the landlord fails to pay interest on your security deposit, you have a claim against the landlord for an amount equal to your security deposit, court costs and attorneys fees.

Pursuant to the Illinois Security Deposit Return Act, the landlord must return your security deposit with 45 days of moving out if your building/complex consists of five units or more, you do not owe any rent and you have not damaged the unit. In the event the landlord determines you have damaged the unit and wishes to withhold all or part of your security deposit, the landlord must furnish you an itemized statement of the alleged damages, along with any receipts, within 30 days of your moving out. In the event the landlord violates the law, the landlord could be liable for twice the amount of the security deposit plus court costs and attorneys fees.

Failure to pay rent is not the only basis a landlord may use to terminate a lease. Failure to comply with a provision of the lease, for example a prohibition on animals or a provision requiring the tenant to maintain the exterior of the property, could also serve as a basis to terminate a lease.

• Attorney Tom Resnick's column appears every other week in Homes Plus. Send your questions to Tom Resnick, 345 N. Quentin Road, Palatine IL 60067, by e-mail to tdr100@hotmail.com or call (847) 359-8983.