SELECTED PROVISIONS AND COMMENTARY
By: Paul Bernstein, Attorney at Law
Section 5-12-110 - Tenant Remedies. In addition to any remedies provided under federal law, a tenant shall have the remedies specified in this section under the circumstances herein set forth.
(d) Failure to maintain. If there is material noncompliance by the landlord with the rental agreement or with Section 5-12-070, the tenant may notify the landlord in writing of the tenant's intention to withhold from the monthly rent an amount which reasonably reflects the reduced value of the premises due to the material noncompliance. If the landlord fails to correct the condition within 14 days after being notified by the tenant in writing, the tenant may, during the time such failure continues, deduct from the rent the stated amount. A tenant shall not withhold rent under this subsection if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent.
Commentary: Rent reduction is provided for if the property is not properly maintained.