Landlord Tenant Law

Tenant Remedies When Landlord Breaches Duties

The law gives tenants several rights and remedies if their landlord fails to perform their obligations. One of these is to withhold rent for damages that are the result of a breach of the tenant’s duties. In order to do so, the tenant must notify the landlord in writing of the deficiency and wait 14 days for the landlord to rectify the situation. The deficiency cannot be the result of the tenant’s fault, however.

The landlord is required by law to give the tenant the right of possession and use of the premises. This means that any legal interest in the tenant may have in the property must be transferred to the tenant. If the landlord fails to grant this right, the tenant has the right to terminate the rental agreement, return the balance of prepaid rent, and request for the return of the tenant’s security deposit. As the landlord must comply with the tenant’s notification, he must try to remedy the breach as soon as possible.

The landlord must allow the tenant to access the property to carry out repairs. In addition to being required to allow access to the property, he must also allow the tenant to make the repairs. The problem must be dangerous for the occupants of the property. The Landlord is not responsible for minor damages or cosmetic issues caused by the tenant. If the problem is the tenant’s fault, the landlord must pay for the repairs.

In some cases, the tenant can seek rent abatement. This is the best option for serious property conditions. The landlord may be able to get attorney’s fees if it was necessary to resolve the issue. Ordinary wear and tear are the exception here. A Landlord can’t charge a tenant for repainting walls or replacing carpets, but the duration of the tenant’s stay should be considered.

If the landlord fails to provide proper maintenance, a tenant can terminate the rental agreement by giving the landlord written notice that the rental contract has been breached. The notice must state that the rent will be returned within seven days, and the tenant must pay back the deposit. It should be noted that in many instances, a tenant’s rights are severely limited when the landlord breaches his duties. It is therefore crucial that the landlord gives the tenant ample notice of a termination.

Whether or not the landlord has breached its duties to the tenant, he or she may file a lawsuit. The law allows the tenant to withhold rent until the landlord meets the requirements. In some cases, the tenant may apply withheld rent to the problem. The court’s decision in this case will determine whether or not the landlord should pay the tenant’s damages. This can be done by suing the landlord. For more details ask local tenant right attorney in Chicago or visit