What can I do if my landlord won't fix uninhabitable conditions in Illinois?

1. Implied Warranty of Habitability — Illinois adopted the warranty in Jack Spring, Inc. v. Little, 50 Ill.2d 351 (1972), and Glasoe v. Trinkle, 107 Ill.2d 1 (1985). Many municipalities (Chicago, Evanston, Mount Prospect) supplement it with ordinances.

2. What Counts as Uninhabitable — Substantial code violations: no heat (Chicago requires 68/66 degrees), broken plumbing, sewage, vermin, lack of hot water, electrical hazards, structural defects, mold.

3. Tenant Notice to Landlord — Reasonable notice required. Under Chicago RLTO § 5-12-110, written 14-day notice triggers remedies.

4. Repair-and-Deduct — Chicago RLTO § 5-12-110(c) allows tenant to repair and deduct cost up to $500 or one-half of monthly rent (whichever is greater) after 14-day notice. Statewide common-law doctrine permits similar relief.

5. Rent Withholding / Escrow — Chicago RLTO § 5-12-110(d) allows tenant to withhold rent in an amount reflecting reduced value. Statewide, courts permit set-off as a defense.

6. Constructive Eviction — Recognized; tenant may terminate after 14-day notice (Chicago) or "reasonable time" statewide.

7. Affirmative Defense to Eviction — Habitability breach is a complete defense in forcible entry and detainer for nonpayment.

8. Damages & Penalties — Rent abatement, actual damages, and under Chicago RLTO § 5-12-110(e), two months' rent or twice the damages (whichever is greater) for landlord's intentional violation, plus attorney fees.

9. Retaliation Protection — 765 ILCS 720/1 (Retaliatory Eviction Act) bars eviction in retaliation for complaints to government agencies. Chicago RLTO § 5-12-150 has broader 12-month presumption.

This is legal information, not legal advice.