[day828]

I live in Chicago and I live in a building where there are 4 apartments. The building has been without heat since Sunday. My question is do we have the right to hold the rent or deduct days that the landlord hasn't provide heat?

[talaniman]

You must first lodge your complaint with the landlord and see if he reasonably is addressing your issue. You cannot arbitrarily take action unless it's specified in your lease that you can withhold your rent or any parts of it for any reason, as these are grounds for eviction proceedings.

http://www.law.siu.edu/selfhelp/info...%20in%20IL.pdf

2) Permits unhabitable conditions to exist in the rented property;If the landlord fails to maintain the property he/she is leasing in a livable condition, he/shemay be violating a warranty called the "implied warranty of habitability". By law, this warranty automatically comes with every lease in Illinois whether the lease specifically mentions it or not. If you do not have heat, water, sewer, or electricity or if you have a severe pest infestation problem, the landlord may be in violation of this implied warranty.

The bottom line is to verify your legal standing with sound a advice before you commit to a course of action.

Coordinated Advice and Referral Program for Legal Services Serving Cook County 312-738-9494

[smoothy]

As was mentioned by talaniman... I also believe they are only required to heat the units to 67 degrees minimum. I am assuming the temperatures in Chicago have been below that.

Also important is if they are currently making an attempt at repairs and delays are due to parts not having arrived. It's a far different situation than if they just aren't taking any action to correct the problem (which does happen and is illegal).

They SHOUD at least provide space heaters to use for a few days until repairs are completed. And beyond a certain point in time they should be responsible for alternative accommodations until it is. Someone else will have to state at what point that occurs.

[ScottGem]

The link that Talanian gave goes further:

Similarly, a tenant cannot use the following procedures to get a landlord to complywith the terms of a lease:1) Deduct money for repairs made from rent: A tenant has no right under Illinois law tomake repairs themselves and deducting the cost of the repairs from the rent that is due.2) Withhold rent: Similarly, under Illinois law, you have no right to withhold or refuse to payrent no matter how bad a place is or what the landlord does or fails to do (like return asecurity deposit.)

Also I found this: Chicago Tenants Rights Pamphlets (English #3)

What if I do not get enough heat in the winter?If your apartment is too cold, you should keep careful records of the temperature of your apartment. Do this three times a day every day. If your landlord is responsible for heating your apartment, and the heat is usually below the City code regulations, they you should notify your landlord in writing that the landlord must bring the heat up to the City's regulations. The Chicago Housing Code states that between September 15 and June 1 the temperature in your apartment should be at least:

• 65 degrees at 7:30 a.m.
• 68 degrees from 8:30 a.m. to 10:30 p.m.
• 63 degrees from 10:30 p.m. to 7:30 a.m.

If your landlord does not respond to your notice you should contact the City's Heat Hotline at 744-5000, your local community group and a lawyer. Follow the steps described above to give a notice to your landlord and exercise your rights to remedy the problem.

So no you can't withhold rent, but yes you do have recourse to get the heat repaired. If you are forced to move, either temporarily or permanently, you can sue the landlord for your costs.