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Evanston attorney outlines tenants' repair, rent‑reduction and lease‑termination options


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Evanston attorney outlines tenants' repair, rent‑reduction and lease‑termination options
Philip Devon, a staff attorney with the Metropolitan Tenants Organization, told meeting attendees that Evanston tenants must start with a written 10‑day notice before pursuing several repair-related remedies.

“All of these options require the tenant to send a written 10 day notice to their landlord requesting that the repairs be made,” Devon said, describing the sequential steps tenants should follow.

Devon said one remedy, commonly called “repair and deduct,” lets tenants hire someone to fix a problem and deduct the cost from the next month’s rent if the landlord does not act within 10 days. He said that option is limited by cost: the repair must not cost $500 or more than half a month’s rent, whichever amount is greater. Devon said that when a repair‑and‑deduct cannot resolve the problem, tenants may instead reduce rent only after they first provide a 10‑day notice and the issue is cited as a code violation by the city of Evanston.

“If a tenant’s 10 day letter has not resolved the issue, the tenant can terminate their lease at the end of that 10 day period, and then they must vacate the unit within 30 days from that date,” Devon said, outlining the timeline for lease termination when repairs remain undone.

Devon described separate, shorter rules for loss of essential services such as heat, water or electricity. He advised tenants to notify both the city and their landlord in writing, giving the landlord seven days to fix the problem. If the landlord does not act, Devon listed three options he said are available to tenants: pay for the service and deduct the cost from rent (providing receipts), find alternative housing and reduce that cost from rent, or terminate the lease. He also said tenants who lose essential services could seek damages in court for losses incurred.

Devon further summarized landlord disclosure requirements that must be provided before a lease is signed: management contact information (name, phone and address), whether the landlord or tenant pays utilities, an estimate of utility costs for the prior 12 months, and any potential threats to terminate service by the city or a utility company.

The Metropolitan Tenants Organization has a contract with the City of Evanston to help answer questions and resolve disputes between housing providers and tenants, Devon said.

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