Apartment Conditions and Repairs – FAQ
NOTE: If your landlord lives in your building, see the “Exceptions” note on the right side of this page.
What is my landlord responsible for?
Your landlord has a duty to keep your apartment in good shape and make all necessary repairs. If she fails to do this, you may be able to:
- Make the repairs yourself and deduct their cost from your rent;
- Withhold a portion of your rent;
- Sue your landlord; or
- Terminate your lease agreement. This pamphlet explains when and how you can do these things.
What must my landlord do to maintain the condition of my apartment?
Keep your toilet, bathtub, shower, and bathroom sink in good working order;
- Keep your furnace and boiler in good working order;
- Keep your windows weatherproof;
- Keep your floors, walls and ceilings in good repair;
- Keep your plumbing fixtures in good repair;
- Keep your electrical outlets safe and operable;
- Prevent the accumulation of stagnant water;
- Keep all of the appliances he supplies in good working order;
- Maintain the building is foundation, exterior walls, and roof in good and watertight condition;
- Provide adequate hall and stairway lighting; Keep all stairways and porches in a safe and sound condition;
- Provide trash containers;
- Protect you against rodents and insects by exterminating; and
- Comply with all other requirements of Chicago’s Municipal Code.
If my landlord doesn’t make necessary repairs, can I use my rent to pay for these repairs?
Yes, but only if the repair will not cost more than $500 or one-half of your rent (which ever is greater). Using your rent money to make necessary repairs is called “repairing and deducting.”
How do I “repair and deduct?”
First you must give your landlord a written notice stating that, unless she makes the necessary repairs within 14 days, you will make them yourself and deduct their cost from your rent. Keep a copy of the notice. If your landlord doesn’t make the necessary repairs within 14 days of receiving the notice, you can make the repairs or pay someone else to do it. After giving your landlord paid receipts to confirm the cost of repair, you can deduct this cost from your rent. See sample letter here.
What if I want to repair a problem in a common area, such as a stairway or hallway?
You must first give all of the other tenants written notice of your plan to make the repair.
If my landlord doesn’t make necessary repairs, can I withhold a portion of my rent?
Yes, but first give your landlord a written notice stating that, unless she makes the necessary repairs within 14 days, you will withhold a certain portion of your monthly rent payments. NOTE: You cannot withhold a portion of your rent and “repair and deduct” in the same month.
If I decide to withhold a portion of my rent, exactly how much should I withhold?
The amount you withhold must reasonably reflect the reduced value of your apartment. Be conservative. You cannot withhold all your rent unless your apartment is in such bad shape that you must move, and you can rarely withhold as much as 50%. If you withhold too much, your landlord may be able to evict you for nonpayment of rent. To be safe, consult with an attorney. See “rent reduction” sample letter here.
Can I terminate my lease because my landlord has failed to make necessary repairs?
Yes, but only in very serious cases. Consult with an attorney first.
How can I terminate my lease?
First, you must provide your landlord with written notice that you will terminate your lease in no less than 14 days unless he makes whatever repairs are necessary. If she does not correct the problem within 14 days of receiving this notice, you may terminate your lease agreement. If you terminate the lease, you must move within the next 30 days otherwise your lease will remain in effect. See sample letter here.
If my landlord doesn’t make necessary repairs, can I sue him/her?
Yes, but consult with an attorney first.
Can I make my landlord pay for the cost of repairing a problem I caused?
No.
What if my landlord fails to provide me with an essential service (such as heat, electricity, or running water)?
See the page entitled Heat & Other Essential Services.
Does my landlord have to repaint my apartment?
Not unless the paint is cracking or peeling.
Can I sue my landlord if my property is damaged in her apartment?
Only if the property was damaged as a result of your landlord’s negligence.
Please Note: This information, published by the Legal Assistance Foundation of Chicago and the Metropolitan Tenants Organization as a public service, gives you only a general idea of your rights and responsibilities under the Residential Landlord and Tenant Ordinance and other relevant chapters of Chicago’s Municipal Code. It is meant to inform, but not to advise. Before enforcing your rights, you may want to seek the advice of an attorney who can analyze the facts of your case and apply the law to these facts.
Still can’t find the answer? Send us your questions. Please allow several days for a response.
When I signed the lease to for apartment, my property manager asked if I wanted the walls painted back to white (they were at the time blue and orange, painted by the previous tenant) and I said yes. I also asked if I was allowed to paint in the apartment and was told yes (no mention of restoring the paint color was mentioned at that time). When I signed the lease, I did not have a security deposit. About a week before I was to move out, slipped under my door was a list of things the tenant must do before moving out of the apartment. On the list, it said if the walls had been painted, they were to be restored to a neutral white color otherwise the tenant would be fined $250 (amount will be sent to a collections agency). I called the property manager and asked if I was required to paint, he said yes. I then asked if he could ask the next tenants moving in if they wanted the walls painted (like he did when I moved in). He said he would get back to me. The night before we were supposed to move out, he texted me the response that the new tenants would like the walls white.
My question is whether the property manager has a right to require me to paint the walls, and if I fail to do so, does he have the right to fine me the $250? I read over my lease, and there is no mention of that requirement. I also do not have a security deposit. The letter describing the possible fees I could face was not in my lease, and I had not even known of it until at least a week before the move out date.
I have until the 5th to figure out whether I need to spend the time and money to paint my apartment. Any help?
It would be best to consult an attorney. In general the tenant is required to return the unit to its original condition. So in that you could be held liable. You could potentially make an argument that you asked to paint the unit and they agreed so then you are not responsible. Verbal agreements are always hard to prove. It would have been much better if you had something in writing from them.
After reading my lease, it indicates that the landlord is NOT RESPONSIBLE for personal property damages if caused by a malfunction in the apartment (ie. leaking radiator, ceiling leaks, floods, stove explosion, etc). Is this enforceable?
Also, for damages/repairs, it’s advised to repair/deduct. How many times are we to use that option before you can finally terminate the lease. It would appear that if the landlord fails to repair damages, they are voiding the lease agreement. Please advise.
In answer to your first question it probably depends on whether you can show that the landlord was negligent. You will have to contact an attorney to describe the particular situation.
The Chicago ordinance says that you can terminate the lease if the repairs are serious enough to make render the unit not reasonably fit and habitable. The law also allows other ways to terminate the lease.
I had the landlord complete the agreed-upon repairs in my apartment that were discussed while signign my lease (mainly, that they would repair any major wall damages and repaint over these repairs). As they had not upon my moving in–in fact, until I gave them written notice of repair 24 days after move-in, they had taken no action in terms of painting–they had to work around the things I had in the apartment.
The repairs were made the day after my letter submission, without any indication from the management company that they would be entering my premises. Basically, I wasn’t able to mvoe stuff for them to easily access areas needed to be painted. I have suffered some damages to belongings due to their negligence– it seems trivial, but they ruined an expensive shower curtain by not moving it when they painted (it has large lines of paint, 4-6 inches in length, on a good portion of the curtain.)
Am I able to withold the cost to replace curtain with a similar style and priced one from my rent? I would obviously include the paper trail, pictures of damages, etc., in the letter I write to the landlord.
Thanks!
The Chicago landlord and Tenants Ordinance does not allow tenants to withhold rent for damage to their property. This does not mean that you are not entitled to compensation. You could start with a letter to the landlord stating that the law requires the owner to give 2 days notice before entering the unit. They did not follow this and as a result your property was damaged and you want them to fix it. If they do not then you will have to seek legal recourse which could mean that they can be held liable for penalties of one month’s rent or twice the damages plus attorney fees.
the oven in my apartment has been broken since we moved in (otober 1). we have contacted the landlord numerous times about fixing it. he has stopped by about 2 times: the first time he messed around with the stove and decided that a part needed to be replaced. the second time (like a month later or something), he stopped by with the replacement part and the oven still didn’t work. he said that he would have to ask his friend about it. we haven’t heard from him since, and have contacted him a few times.
my question is: if we contact someone to repair the stove, what happens if the entire thing needs to be replaced?
If the landlord does live in your unit then the law allows tenants to send the landlord a letter stating what the problem is and that if the problem is not fixed within 14 days then you the tenant can hire someone to repair or replace the defective item. Once the 14 days passes and that is from the time the landlord received the notice then you can hire some to fix the stove. The law permits the tenant to spend the greater of $500 or 1/2 of the monthly rent on the repair. If the repair or replacement is greater than that then you cannot proceed. As for replacing the stove rather than repairing it you are required to deal with the problem in good faith and should take the least costly alternative. If the professional that you call in says that you need to replace the stove it may be good to get a second opinion and some estimates.
I have a few things that need to be fixed. If I choose to reduce rent (I’m assuming I can’t do both at the same time)can I sue later if repairs are still dragging out? Also, I live in a 6 unit building with no landlord living in the buiding. Am I protected under the Chicago Residential Landlord and Tenant Ordinance?
Any time the owner does not live on the premises you are covered by the Chicago landlord and tenants ordinance. In the case of non owner occupied buildings, the size does not matter.
I am not sure of the intent of your original question. Are you asking if you use the rent withholding provisions in the Chicago Ordinance and if the repairs are not made in a timely fashion, can you sue the landlord? For what would you be suing the landlord? It would be best to consult an attorney to see if the damages warrant further action.
My wife and I moved into our new apt in Dec. The day we moved in we noticed that there was a leak in the ceiling and notified the landlord. He stopped by and stated that there was nothing that he could do at the time due to the weather. We understood its winter. In Feb. while on vacation my wifes uncle was watching our apt and the ceiling collaped, my landlord has been slow to fix it. Now we are having rodent problems and I have just about had it with this apt. What should we do?
Hi Torrence,
If you’re covered under the Chicago Residential Landlord Tenant Ordinance, there are a few remedies available to you. First, be sure that you are completely current on your rent and that you have proof of being so. You should also document the conditions in your apartment by taking pictures. You can also request a free building inspection by calling 311 — this is not required, but isn’t a bad idea either. If a city inspector cites any building code violations, you can request a report for further documentation of the disrepair and pest conditions in your unit. Once you have these things in order, you can take one of the following three remedies available to you under the RLTO (again, if you are covered). All of these remedies are to be preceded by a 14 day notice letter to your landlord requesting any number of repairs. If your landlord fails to comply with your requests within the 14 days, you may:
1- Terminate your tenancy,
2- Hire someone to make the repairs yourself, provided that the cost does not exceed half the cost of your rent. You must keep the receipts and you can withhold the costs from your next month’s rent. If you choose to make any repairs yourself, you cannot charge for your own labor.
3- Reduce your rent to a percentage that accurately reflects the reduced value of your apartment until your landlord makes the repairs. The law requires you to pay at least half of your rent at all times though, even in the most egregious conditions. It is best to be conservative when reducing your rent. If you choose to go this route, I advise speaking to an attorney to determine how much you should reduce.
Sample letters for all three of these remedies can be found on our website: http://www.tenants-rights.org/category/landlord-tenant-faq/
Remember, you may only choose one remedy for any given month. Always keep copies of your letters and they should be mailed certified, with return receipt.
I hope I have adequately answered your question. Good luck!
I am having a roach infestation problem. So far, my landlord has been quick to respond to me, but the problem isn’t going away and I don’t know if I can handle living with this.
Considering that he has tried to respond to the problem, but that it hasn’t been working and also the fact that I am not, at the moment, completely overrun with roaches (it’s more like I see 2-4 a day), can this be legally used as a reason to break my lease?
I don’t know what the specifics are for this kind of thing or how bad it has to be. I don’t even know what to do about the fact that his efforts aren’t doing anything. Can I at least have him pay for a professional? I don’t know what to do.
Please help!
Hi, my name is ariel and my family (daughter, and fiance) moved into our apartment in Dec. The apartment was already equiped with appliances includin washer and dryer in which is shared with two other tenants in the building. Now we have an ice maker that has ben leaking since we moved in, we have told him numerous of times about and he knew about already. In Feb. He told all the tenants that he would get a new washer and dryer and that he fix/or get new appliances for the apartments. I have recently spoken to him a couple of days ago and now says that if there is something wrong with type refrigerator that we must come out of our own pocket and that he is not responsible for that because he didn’t buy it , it came from out the garage from when the last tenant needed one. So I asked him well if we buy one can we take it out the rent , he says no I can’t do that. I think he is only doing this because knows me and we r family but I have a lease with him and I deserve to be treated like a renter when I’m paying mt rent on time every month. Also he always brings up the other tenants buisness to me because they are not paying all, of their rent so he saying it as if everyone is at fault and he doesn’t have the money to do those things. I would like to know if I should and can u take legal action to resolve this problem because everytime I talk to him its always an excuse why he can’t do something.
My wife and I just moved here from Boston. When we saw the unit it was very quiet and livable. When we moved in there was a loud buzzing/vibrating coming from the roof. We are on the 3rd and 4th floor and Subway Sandwich Shop is on the 1st and 2nd. The buzzing was vibrating the whole roof and resonating in our heads. We called the landlord, he had someone come look and it is the AC unit for Subway. We can not live like this and now we are finding other issues with the unit:
-1st floor has front door and back door to fire escape, but, 2nd floor has no exit to outside, none of the windows open in the whole place. Is this legal?
-listed as 3 bedroom on lease, but we found the building plan and it labels the 3rd “bedroom” as “storage”. This room has a cutout in the wall that looks down into the 1st floor living room, but no exterior windows, can it be considered a bedroom? (it has a small closet)
- a couple of things were promised to be completed when we moved in: security cameras, intercom system… and neither has been completed.
we want to break the lease now so we can move and settle in somewhere else. we are living out of boxes because we are afraid of unpacking and then having to repack to move again.
We have already emailed the Landlord stating all of this. What are our options?
Thanks
Hello,
I have a very big issue that I was hoping to get advice on…
I moved in my apartment 2 months ago now my landlord is telling me that he needs to close off with a solid wall half of the space because of insurance issues due to the fire escape being too far. The apartment is a duplex and the floor I live on has a staircase right in the middle from which there is an equal distance on both sides and the fire escape is located on one side.
I really do not want to move, but I also do no want a smaller space. My landlord has agreed to reduce the rent, but does he really need to make the space smaller? Can he make alterations like that after we have signed a lease? Is he violating our lease agreement?
The space is approximately 70 feet long with the staircase to the main hallway right in the middle.
Please help I really do not want to be forced to move.
This is not an easy question to answer. Who is forcing the landlord to make the changes? If it is the City of Chicago, the landlord may have to make the changes or risk having the building closed in which case you and the other tenants may have to move. In general any changes to a lease need to be mutually agreed to. It does not sound as if this is the case. You can contact an attorney to see if you can prevent the landlord from entering your unit to make the changes. You can also ask for a larger reduction in rent.
Hi, we’re having an issue with our landlord regarding our washer and dryer. We live in an apartment in Chicago covered by the RLTO and were provided free use of the washer and dryer in our lease. In April, a couple of weeks after getting into a verbal argument with our landlord regarding a certain issue, we informed him via letter that our washer no longer worked. A few days later, the washer was taken away, but so was our dryer, which was working perfectly fine. More than two months has passed and it’s become obvious that he is not returning either machine to us. He hasn’t explained there whereabouts at all or why they were removed. We feel that he did this in retaliation for us complaining about a previous issue to the MTO (which we informed him about a couple of weeks prior). What are our options here? Can this be considered retaliation? Can we terminate the lease if it is?
It sounds like retaliation. How does the landlord know that you called MTO? Do you have any documentation that the landlord know such as a written notice. I would probably talk with an attorney to go over the evidence that you have if you are planning to terminate the lease. Otherwise you might want to start with a letter detailing everything including contacting our agency. It would also be good to include that in your lease it states you have free access to a washer and dryer and that this is a violation of the lease and that it was done in retaliation for calling MTO and because you were asserting your rights.
Hi John.
I moved into my apt. June 1st and from day 1 I noticed the windows don’t have locks on them and directly called her on the matter. She said “well at least you’re on the 2nd floor” I’ll have the maintence man come over. Never did. A month later she came to visit (she currently lives in California) and made a list of my requests–ALL regarding security. No locks on windows, no security light outside (I live in a coach house), and a minor toilet repair, and the fact that it took them over 2 weeks to repair my deadbolt on my front door. With many phone calls and texts she’s well aware for over 2 months now (its mid aug) I still do not have locks on my windows.
So,
With that being said, because I don’t feel safe is there enough arguement to break my lease? I feel since it’s a safety issure finding a subleaser shouldn’t be my problem. Or should it, am I wrong? I would give her over a months notice before I left (end of sept).
Let me know what You think I should do. Thank you so much!!
The Chicago Ordinance states a tenant can terminate a lease if the repair makes the unit not reasonably fit and habitable. In that event you have to provide the landlord with a written notice giving the owner 14 days from the time of receipt of the notice to make the repair and then you can terminate the lease.
There are 2 issues: Is a judge going to consider this problem something that makes the unit not reasonably fit and habitable. The second is in your previous written notifications did your threaten to terminate the lease if the repairs were not made. If not then you will have to start the process with a written letter.
To determine if not having a lock on your window is not reasonably fit and habitable you may want to contact an attorney. I would think that it does but I am not an attorney.
Finally your other option is give the landlord a the same 14-day notice and if the issue is not resolved to hire someone to install locks and deduct the cost off the rent. You can deduct the greater of 1/2 months rent or $500.
My apartment got partially flooded around the entrance area during the heavy rains we got a few weeks ago, and the carpet around there got soaking wet and took days to dry. I believe mold and mildew has settled in, as my allergies and breathing have been affected, but I can’t prove it.
I asked for the carpet to be replaced and was told they would be willing to replace it with the same (cheap) tile that’s in the kitchen and bathroom, and that at that point I could get a rug.
Is the landlord allowed to replace the carpet, which to me was a selling point of the apartment, with tile? I can’t imagine them being able to advertise this unit for the same rent with that tile in place. I also really resent having to spend almost a month’s rent on a rug because of flooding that was no fault of my own, not to mention being financially responsible for the rug should the apartment flood again…
I live in an apartment with 8 rooms,2-bathrooms, one in the front of flat, the other in the rear. I’ve lived in flat for 11 yrs. Alone. I infrequently have use the second bathroom, but recently have noticed a steady deterioration in 2nd bathroom from water leaks, dry walls soaked and the water not running very fast from bath tub.
I made the landlord aware of problem by calling & showing him so it wasn’t that he didn’t understand problem. As I mentioned earlier, I don’t use the 2nd bathroom often, like once or twice a day when in kitchen (its in the rear also), so the months passed without anything being done. This year 2011 I’ve been really on him, his answer is ‘Okay’, but nothing. Finally, I put my foot down and told him NOW. I arranged for three contractors to look at bathroom and the 1st estimate was ~$3,000.00, the owner told me that he & I would split the cost. I was furious but didn’t reply because I KNEW I wasn’t going to pay him a cent but didn’t/don’t know what legal teeth I have to get him to understand this is His building & responsibility.
So, What do I do?! Who do I talk to and where do I go for answers if not here?!
I think that you need to start by writing the owner a letter. There are several ways to deal with repairs including repair and deduct and rent with-holding. To begin either process a tenant needs to write a letter stating what the problem is and what action you intend to take. It is possible to break down the repair and deduct into smaller costs based on a per task basis. another approach would be to request that the City of Chicago inspect the unit. If they find code violations they will fine the owner and may force the owner to make repairs.
Hi,
I live in a 2 bedroom garden apartment in Lincoln Park, Chicago. In late July my apartment flooded. The apartment had water 3 inches deep from wall to wall for several hours. Long story short, his insurance company says that all of the hardwood floors have to be replaced, in addition to the bottom 2 feet of drywall throughout the apartment.
Our landlord said that in order to do the repairs, we need to move out for 30 days. He has provided a place for us to stay at no charge, but is demanding that we cover the moving costs.
Are we responsible for covering out own moving costs, even though I am being forced to move out of the apartment? Also, do I have grounds to break my lease?
Thanks,
From your message I cannot tell if you are covered by Chicago’s Landlord and Tenants Ordinance. If the landlord does not live in the unit and the unit is not liveable then you can terminate the agreement if you have to move out in order for the repairs to be made. The following are the options outline in law: 1) immediately vacate the premises and notify the landlord in writing within 14 days thereafter of the tenant’s intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of the fire or casualty; or
(2) if continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenant’s liability for rent is reduced in proportion to the reduction in the fair rental value of the dwelling unit; or
(3) if the tenant desires to continue the tenancy, and if the landlord has promised or begun work to repair the damage or destruction but fails to carry out the work to restore the dwelling unit or common area diligently and within a reasonable time, notify the landlord in writing within 14 days after the tenant becomes aware that the work is not being carried out diligently or within a reasonable time of the tenant’s intention to terminate the rental agreement, m which case the rental agreement terminates as of the date of the fire or casualty.
As you can see the ordinance does not specifically cover your other issue moving costs. Have you tried negotiating with the landlord? Have you calculated all the costs associated with moving. I would also make sure that the utility costs do not end up on your bill while you are not living there.
I am dealing with an issue with a landlord right now concerning black mold. We recently moved out of the building due to this issue. Our landlord let us out of the lease, but i am trying to figure out what he is/is not liable for under the RLTO
We lived in a second story walkup in the gold coast. We have been excellent tenants. It is an older building and we have had some maintenance issues since we started living there in April 2010. The biggest issue was concerning a leaky roof that was not really repaired until june of this year. I would email him when a leak came about and his maintenance guys would come by and patch whatever hole existed with tar. In june he finally re-did the roof. Last September, black mold started to show up in the apartment. Namely in the bathrooms and around some windows in a loft section. When he was initially made aware of it, he bleached out the mold. That being said, we have continued to see mold appear all over the apartment. He has been made aware numerous times of it and did not do anything about it. It has gotten so bad that my girlfriend and I have had to go to the doctor for respiratory issues. I sent him an email earlier telling him that we will be terminating the lease at the end of this month. He agreed to do so.
We moved on 8/20. My question is, is he responsible to pay for our medical bills and can we recover rent for the time between 8/20 and 8/31 (the date in which the lease terminates)? Also, is their a claim to recover rent for the time between the initial sighting of the mold and when we moved due to reduced value of the unit? This guy needs to be held accountable.
It sounds like you should consult with an attorney as the landlord may be negligent in his behavior by not fixing the problems. Some of the issues that arise are: Can you document that the landlord knew of the problem and when the landlord knew of the problem, the steps the landlord took to remedy the situation, did the landlord know that the actions were not working, can and will your doctor say that your respiratory illnesses were caused by the mold. These are all best answered in consultation with an attorney especially if your medical bills are high.
I have been living in a 3 unit (plus one commercial unit), non-owner occupied building for several years. My lease expired March 1, 2011, and I continued on a month-to-month basis until my landlord insisted in June that I sign a renewal. He did not disclose to me at that time that foreclosure proceedings had already been initiated against the property. I received notice that a receiver has been appointed a few weeks ago.
There is also mold in my unit due to water damage in the walls and the basement floods with sewage when it rains heavily (filling the building with a very strong methane smell).
I would like to terminate my lease as soon as I find somewhere else to live – will these circumstances be enough to allow that?
The Chicago Ordinance requires that the landlord inform the tenant if the building goes into foreclosure. If the landlord does not disclose then the tenant has the right to terminate the tenancy. You can do this by submitting in writing a termination notice to the landlord. You have to terminate the lease and be out within 30 days once you send the letter.
How does a tenant determine whether a window is “weatherproof” in order to demand repairs from the landlord? I recently moved into an apartment where at least three windowpanes are cracked and being held together with either packing tape or caulk.
In addition to that, a recent visit from a handyman acquaintance revealed that all of the windows are in dire need of replacement. He also noted that the central heating unit is inadequate to distribute heat throughout the apartment.
I don’t intend to spend a Chicago winter in the cold this year; I’d like some clarification in regard to “weatherproof” so that I may take the necessary steps to remedy this situation before winter arrives.
Not being a building inspector or with any expertise in the area of buildings, I cannot answer your question. My suggestion would be to call 311 and request an inspection of your unit by the City. An inspector will know. Another potential option is to have someone inspect your windows who has an expertise in the area and if the windows are code violations to ask them to document that in a written form.
Thank you!
I have lived in a 2 unit duplex for the past 7 years. (Owners do not live on site) For the most part we have not had any problems with the landlord taking care of any of our request but recently we have come upon some issues. (Usually we fix whatever the issue may be and take it out of our rent with no hassle from the landlord) Recently we came into a huge problem. Last year we got new downstairs tenants who either never changed the utilities into their name for a year or just didn’t pay their bills. Well the downstairs tenants got their gas shut off which shouldn’t be a problem for my unit but unfortunately we come to find out that we pay for their hot water heater so my unit has been without gas for 10 days. My landlords solution for this problem is not to fix the piping to restore the hot water in my unit but wait for the downstairs tenants to pay their gas bill. (as we go without hot water for our 3 kids and the downstairs still gets hot water) The story gets better 3 days later the downstairs tenants electricity gets shut off and half of our lights go out. Now we come to find out or electrical wiring is commingled throughout the building. Come to find for the past 7 years my unit has been paying the brunt of the buildings electrical cost. I’m not sure what my rights are as a tenant or how to approach the landlord about getting this problem fixed but as it is now we are at the mercy of the downstairs tenants and paying the brunt of it.
This sounds like a tricky problem. if you feel like you have paid more than your fair share of the utilities you should be entitled to some money from the landlord. If the landlord does offer a reasonable settlement then you may have to discuss this with an attorney.
As for resolving the problem, it seems as if there could be three and maybe more solutions. 1. The landlord could pay to have the wires and gas piping separated according to meter in each unit. 2. The landlord could take over payment of the utilities and figure out a fair way to assess the cost of the utility to each tenant. 3. The landlord could take over payment of the utilities and just include the cost of the utilities in the rent. If the landlord does not then you could call 311 and request an inspection and they should cite the landlord if you do not have hot water or electricity and can document that you have paid your bill.
I HAVE LIVED IN MY APT. FOR 10 YEARS WITH THE SAME CARPET THAT WAS ON IT’S LAST FIBER WHEN I MOVED IN. MY LANDLORD SAYS THEY WILL REPLACE THE CARPET IF I MOVE EVERYTHING OUT OF THE APARTMENT. I ASKED IF I COULD JUST MOVE PROPERTY FROM ROOM TO ROOM SINCE THE ENTIRE APT. IS NOT CARPETED AT THE SAME TIME, AND WAS TOLD NO. IS THIS LEGAL. I MAY AS WELL MOVE, IT WILL HAVE THE SAME AFFECT.
There are no laws governing how often carpet needs to be changed. If it is a danger or unsafe then the landlord would have to replace it. You might want to call a carpet installer and ask them about the landlord’s demand. Then you will be able to respond to the landlord’s response with the advice of an expert.
We rent an apartment in Chicago. We had a written lease for a year and are now in a month-to-month lease situation.
Our basement storage space has old pipes overhead that have old
insulation that is crumbling and leaking a white crumbly powdery
chalky stuff. The building dates from about 1922. Insulation has
been removed from pipes in the main basement area but not in (our, at
least) storage closet.
The material is falling onto our stored possessions. I am worried it
may contain asbestos.
Does landlord have legal responsibility to remove the asbestos? What is the best way to proceed?
If there is asbestos, the landlord is required by the city of Chicago to maintain the asbestos containing material, meaning the owner must ensure that there is no flaking or crumbling material. Call 311 and request a building inspection to determine if the space contains asbestos. No asbestos abatement should be performed unless all persons performing such work are licensed and approved by the rules established by the State of IL, and should inform the city’s Dept of Buildings with notice by submitting the required forms at least 10 days prior to abatement.
Hi John,
Can I ask the landlord to reimburse me for spoiled groceries and meals? He does not live onsite and this a big courtyard building. I moved into the garden unit in June ’11 and the refrigerator became too warm later that month. He had a technician in that evening, but it wasn’t in working condition until after a second visit the next day. On October 5th, the fridge and freezer stopped working, resulting in the 2 spoilage of my groceries, and a total of 4 days of having to eat all meals from restaurants.
He say’s he’s not responsible because he sent a technician right away, I say he is because this is the 2nd such incident and I can not afford to throw away groceries after just paying rent and utilities. He looked at the fridge and asked for an estimate, I told him $120 and he yelled at me. He said I was exaggerating, so I told him I didn’t include meals for two for 2 days, nor the last incident. What are my rights?
My property manager is charging my entire floor for repairs. He has no proof that any tenant on my floor or in the entire building, for that matter, caused these damages. Is this allowed or even legal?
I have never heard of anything like this. How is the landlord charging everyone on your floor for the repairs? Did the owner send a bill or did the owner raise the rent on everyone? Did anyone complain to the City about the repairs. I might start by talking with your neighbors and to get everyone to send a joint letter asking for a meeting to discuss this. What happened to the floors? If you had nothing to do with the problem the you could write a letter that would deny that you had anything to do with the problem. Maybe it was just normal wear and tear.
John,
Rent is higher the following month. As for the repairs, they involve the property next to where I reside, which the property manager also oversees. He charges my entire floor for any amount of litter that ends up on the neighboring roof. This is because the back patio on my floor is the only one higher than the roof in question. However, anyone in the building has access to the my floor’s patio. Moreover, the gate which allows public access to the property is broken. Thus, anyone has access to the stairs that lead up to the patio. I know it’s unlikely for passersby to come up and throw their refuse on our neighbor’s roof, but I hope I’ve conveyed my concern with the fairness of these charges.
My apartment lease is up December 1st and I already have a new apartment lined up. I can actually move in as early as november 15th. My current apartment is infested with roaches and bugs and my shower/tub has not worked properly since I moved in. My landlord has treated for the roaches once, months ago. But after repeated attempts to get him to fix the shower (sometimes water is scalding hot, ice cold or just dribbles out. When I was able to use the tub it leaked into the apartments below and now I can’t even get the faucet to work) he has done absolutely nothing to repair it, not even look at it. Ive actually not been able to shower at my apartment for days at a time because it doesn’t have hardly any water come out. Can I give a 15 day notice to terminate my lease and give him half the rent for half the month?
The law concerning termination of leases for repairs states that the repairs have to make the unit not reasonably fit and habitable. You may be able to make that argument. Though if the landlord makes any of the repairs during the 14 period then that could void the letter. To be on the safe side you may want to give the landlord a 14 day letter to terminate as well as a 30 letter to terminate if you have not done so already.
Hi,
I have a problem with a sewage smell coming up from the heating vents when the heat is turned on. The landlord has been aware of the problem for a while and as of 2 months ago said they are working on the problem, but they are dragging their feet so nothing has changed and the problem still exists. Would this be an issue I can deduct an appropriate amount (after providing written notice) for what I believe is the reduced value of the apartment? The problem is intermittent, but when it is happening it is gross and embarrassing and maybe even a health risk. I work from home and notice the smell at least once a day for an hour and sometimes longer. If it is permissible to deduct rent for this, how would you suggest arriving at a monetary value for something like this?
Thanks in advance for any help you can provide.
I’d like to know if there is some kind of inspector who can come look at my apartment. There is so much interpretation that can be done with terms such as “good working order.” I don’t want to proceed with even contacting the landlord if I am being unreasonble. Different people have different standards of CLEAN, and my standard may fall outside of what’s reasonable or what might be considered “good working order.”
So. I just want to know if there is someone I can contact who can come LOOK at my concerns and tell me whether I might be within the Ordinance to go through the “deduct and repair” process.
Some examples:
1) The kitchen sink is made from some kind of composite. It is permanently stained, and it was that way when I moved in. I figured I could clean it. However, I have never seen anything like this, and I have tried all kinds of chemicals, scrubbing, soaking, and everything else. It’s disgusting, and it won’t come clean. Not only that. This composite MELTED when I put a skillet in the sink. I’m sorry, but how does someone put a sink in a kitchen that won’t stand normal kitchen use?
2) There is ceramic tile in the apartment that was never installed properly. The grout is GONE from many places, and I can never get up all of the gravel. The landlord thinks it’s fine, but has said that he will “fix” it — and then when it falls apart again (since it’s only a “fix” and not a standard tile installation), he’ll fix it again. How do you fix a substandard installation? Not only that, but the tiles are so cheap combined with the substandard installation, many of them have cracked and broken under normal wear. And they’re not sealed so when something drops or spills in the kitchen, the tile is permanently stained.
3) The shower stall has basically fallen apart. The magnets to keep the door closed just fell out, AND there’s mold and rust that I get clean.
4) The bathroom tiles just randomly come up for no apparent reason -and there’s dirt ground in to the grout – if it is grout.
There’s so much more, but these are examples of more than a dozen “little” things — but they add up. Most importantly, I cannot clean most things that are stained, worn, or just in unacceptable condition. I’m so fed up.
Who might I contact to come look at my apartment and tell me whether I’m being unreasonable and if “good working order” means clean?
Thank you.
If you live in Chicago, the City of Chicago will inspect units to see if they are up to code. They are not really going to inspect for cosmetic issues such as stains. It is always best to document cosmetic issues so that a year or two from now the owner will not try to charge you for the stains. You can call 311 to request an inspection.
I have lived in a rented house for 5 years. The house has been in need of many repairs and the landlord has constantly promised to make the repairs. He has often thanked me for being patient with the situation. Last year, there was a leak in the roof in the kitchen area which I brought to his attention. First he said he couldn’t make the repair because of the weather (it was winter). In the spring he had to wait for the rain to stop. I was living with a bucket in my kitchen to catch the water. In June he insisted that I not pay rent until he gets the house the way I want it, but he didn’t do any work on the house. In October he served me with a five day notice for non-payment of rent. We went to court, I paid the rent.
During the process I learned that he should have been paying interest on my security deposit and that he should have notified me which bank was holding my deposit. Of course I brought this to his attention before going to court. He denied having a security deposit. I got showed him a copy of my check which indicates a security deposit was made and that my lease shows a security deposit. This information stopped his eviction proceedings and he agreed to accept the back rent.
Now he has mailed me a check for the interest on the security deposit for the past five years. How should I handle that?
Additionally, I’ve mailed him a list of the repairs along with a check for the current months rent and asked that they be completed within 14 days of receipt of the letter. I know he received the letter because he cashed the check. The list contained only 9 of 22 repairs needed. So far he has only completed one. What do I do next?
I really need your advise. Please help.
Thank You.
I think that it is best to discuss this matter with an attorney. There is a possibility that by accepting the check that you may waive your rights to pursue other options regarding the interest. There are other options to pursue in regards to getting repairs completed. You may want to call 311 and request an inspection. For the repair of small items you could give the landlord a written letter stating if such and such repair is not completed within 14 days that you will hire someone to make the repair and deduct the cost from the rent.
John
Thanks. With regard to the check, I didn’t actually accept it because he mailed it to me. I’ve never cashed it. With regards to the repairs, I can’t afford to take time off from work to be home with a repairman. The list is very extensive and will take several days. I have considered requesting an attorney about the security deposit. Will it matter if I didn’t cash the check?
It could matter. The landlord may try to say by accepting the check that you are waiving your rights to pursue penalties for the landlord’s failure to follow the law. In this case it is definitely best to consult with an attorney before proceeding.