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§ 05-12-110, Tenant Remedies
Terminating the lease is not the same
as vacating the premises.
Plambeck v.Greystone Management,
281 Ill. App. 3d 260, 271 (1st Dist. 1996).
Terminating the lease
is a distinct act from vacating the premises. Just because a
tenant vacates the premises, it does not mean that tenant failed to give
full 14 days to cure.
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When Does a Tenant Withhold or Deduct Rent Under
§
110(d)?
When Can a Tenant Withhold or Deduct Rent Under
§
110(d)?
American
National Bank v.Powell, 293 Ill. App. 3d 1033, 1038-40; 691
N.E.2d 1162, 1165-6 (1st Dist. 1997).
A tenant withholds or deducts rent under the RLTO when the
landlord receives partial payment, not when the tenant mails,
posts, or sends partial payment. But a tenant cannot deduct rent
under the RLTO until the landlord has received written notice
of the tenant’s intent to deduct rent, and has had a full 14 day
opportunity during which to make requested repairs.
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