Comments on: Apartment Conditions and Repairs – FAQ http://www.tenants-rights.org/apartment-conditions-and-repairs-faq/ tenants helping tenants improve their lives since 1981 Mon, 20 May 2013 15:15:21 -0800 hourly 1 http://wordpress.org/?v=3.4.2 By: John Bartlett http://www.tenants-rights.org/apartment-conditions-and-repairs-faq/comment-page-1/#comment-120539 John Bartlett Mon, 20 May 2013 15:15:21 +0000 http://mto.broadshouldersupdate.com/?p=229#comment-120539 There is no law that requires a landlord to repaint the unit when a new tenant moves in nor are there any laws that say that the landlord has to repaint the unit every 5 years. If there are no health or safety issues with the paint that there is not much you can do. If the paint is chipping and you live in an older home that has lead based paint then this would be a health violation especially if you have children or if children visit your home. You could call the Cook Healthy Department and ask for inspection. If the landlord has agreed to paint the wall and you have that in writing then you may be able to use the Illinois state law. The argument is that once the landlord has agreed to perform the maintenance in writing then it becomes a part of the lease agreement. Here is the Illinois law. If a repairis required under a residential lease agreement orrequired under a law, administrative rule, or localordinance or regulation, and the reasonable cost ofthe repair does not exceed the lesser of $500 orone-half of the monthly rent, the tenant may notifythe landlord in writing by registered or certifiedmail or other restricted delivery service to theaddress of the landlord or an agent of the landlordas indicated on the lease agreement; if an addressis not listed, the tenant may send notice to thelandlord's last known address of the tenant'sintention to have the repair made at the landlord'sexpense. If the landlord fails to make the repairwithin 14 days after being notified by the tenant asprovided above or more promptly as conditionsrequire in the case of an emergency, the tenant mayhave the repair made in a workmanlike manner and incompliance with the appropriate law, administrativerule, or local ordinance or regulation. There is no law that requires a landlord to repaint the unit when a new tenant moves in nor are there any laws that say that the landlord has to repaint the unit every 5 years. If there are no health or safety issues with the paint that there is not much you can do.

If the paint is chipping and you live in an older home that has lead based paint then this would be a health violation especially if you have children or if children visit your home. You could call the Cook Healthy Department and ask for inspection.

If the landlord has agreed to paint the wall and you have that in writing then you may be able to use the Illinois state law. The argument is that once the landlord has agreed to perform the maintenance in writing then it becomes a part of the lease agreement. Here is the Illinois law.

If a repairis required under a residential lease agreement orrequired under a law, administrative rule, or localordinance or regulation, and the reasonable cost ofthe repair does not exceed the lesser of $500 orone-half of the monthly rent, the tenant may notifythe landlord in writing by registered or certifiedmail or other restricted delivery service to theaddress of the landlord or an agent of the landlordas indicated on the lease agreement; if an addressis not listed, the tenant may send notice to thelandlord’s last known address of the tenant’sintention to have the repair made at the landlord’sexpense. If the landlord fails to make the repairwithin 14 days after being notified by the tenant asprovided above or more promptly as conditionsrequire in the case of an emergency, the tenant mayhave the repair made in a workmanlike manner and incompliance with the appropriate law, administrativerule, or local ordinance or regulation.

]]> By: Jorgeren http://www.tenants-rights.org/apartment-conditions-and-repairs-faq/comment-page-1/#comment-120203 Jorgeren Sun, 19 May 2013 01:25:47 +0000 http://mto.broadshouldersupdate.com/?p=229#comment-120203 I have been living in an apartment in Cicero IL since July 2007. When I moved there a wall was not well painted ( it was half painted). 1 year and half ago I told the landlor that I wanted him to paint that wall and even if he could paint the hole apartment and he said he was goint to paint only that wall and to cover a few scratches but not to paint the alls walls. He have been telling me that he will paint it the beguining of the month or such date and he does nothing. He keeps lying to me and still he did not paint it at all. He, said because I did not paid a few months at time my rent ( I paid 5 or 10th of the month a few times because of I have to deposit it to his bank account) I do not have the right to ask for painting my apartment. I would like to what can I do , what are my rights and to know if I have the right to ask the landlord to paint my apartment. Thanks a lot I have been living in an apartment in Cicero IL since July 2007. When I moved there a wall was not well painted ( it was half painted). 1 year and half ago I told the landlor that I wanted him to paint that wall and even if he could paint the hole apartment and he said he was goint to paint only that wall and to cover a few scratches but not to paint the alls walls. He have been telling me that he will paint it the beguining of the month or such date and he does nothing. He keeps lying to me and still he did not paint it at all. He, said because I did not paid a few months at time my rent ( I paid 5 or 10th of the month a few times because of I have to deposit it to his bank account) I do not have the right to ask for painting my apartment. I would like to what can I do , what are my rights and to know if I have the right to ask the landlord to paint my apartment.
Thanks a lot

]]> By: John Bartlett http://www.tenants-rights.org/apartment-conditions-and-repairs-faq/comment-page-1/#comment-67110 John Bartlett Tue, 30 Oct 2012 15:27:36 +0000 http://mto.broadshouldersupdate.com/?p=229#comment-67110 It is the total number of units on the property. The unit the owner lives in would be considered one of the units. As I mentioned in a different post the property manager is not considered the owner. It is the total number of units on the property. The unit the owner lives in would be considered one of the units. As I mentioned in a different post the property manager is not considered the owner.

]]> By: Eunice http://www.tenants-rights.org/apartment-conditions-and-repairs-faq/comment-page-1/#comment-66881 Eunice Tue, 30 Oct 2012 02:36:33 +0000 http://mto.broadshouldersupdate.com/?p=229#comment-66881 What if it's the property manager, and not the owner of the building, who lives on the premises at a 6-unit building (prop manager occupies what would be the 7th unit, which I'm not sure if that counts as a unit or not as it's not a rental?)? Would the property manager serve as a proxy for landlord in legal ways, too? He collects the rent, does repairs and basically acts as the intermediary for landlord and tenants. Thank you for your response What if it’s the property manager, and not the owner of the building, who lives on the premises at a 6-unit building (prop manager occupies what would be the 7th unit, which I’m not sure if that counts as a unit or not as it’s not a rental?)? Would the property manager serve as a proxy for landlord in legal ways, too? He collects the rent, does repairs and basically acts as the intermediary for landlord and tenants.

Thank you for your response

]]> By: John Bartlett http://www.tenants-rights.org/apartment-conditions-and-repairs-faq/comment-page-1/#comment-57273 John Bartlett Wed, 19 Sep 2012 15:14:04 +0000 http://mto.broadshouldersupdate.com/?p=229#comment-57273 One way to manage the stress may be to ask the landlord to communicate in writing and for your sister to do the same. Have you thought about contacting the owner? If the carpet is so bad that it needs to be replaced, your sister can call 311 and request an inspection. One way to manage the stress may be to ask the landlord to communicate in writing and for your sister to do the same. Have you thought about contacting the owner? If the carpet is so bad that it needs to be replaced, your sister can call 311 and request an inspection.

]]> By: Ann http://www.tenants-rights.org/apartment-conditions-and-repairs-faq/comment-page-1/#comment-57245 Ann Wed, 19 Sep 2012 13:22:09 +0000 http://mto.broadshouldersupdate.com/?p=229#comment-57245 My sister left a message with her doctor. Since we have the same doctor, I can e-mail her in case she doesn't hear from her. My sister is 51 years old. She has a part-time job and lucky to make $18,000/year. When an apartment goes empty, the landlord has been removing the carpet and finishing the wood floors. It appears to be that he doesn't want to do it, and is trying to make my sister do it for him. He didn't request the other tenants to do that when they moved. The building really doesn't belong technically to the landlord. It's his father's building and he lives out of state. His father would never allow anything like this to happen. She's seeing him at 9:30 this morning for a walk-through. I'm concerned. After heart surgery, she began having atrial fibrillation and can stroke out at any time. With all this stress, I'm afraid it might happen. I don't know why he's singling her out. Even a couple of the other tenants have noticed and can't understand why. If I hear any more, I'll contact you. My sister left a message with her doctor. Since we have the same doctor, I can e-mail her in case she doesn’t hear from her.

My sister is 51 years old. She has a part-time job and lucky to make $18,000/year.

When an apartment goes empty, the landlord has been removing the carpet and finishing the wood floors. It appears to be that he doesn’t want to do it, and is trying to make my sister do it for him. He didn’t request the other tenants to do that when they moved.

The building really doesn’t belong technically to the landlord. It’s his father’s building and he lives out of state. His father would never allow anything like this to happen.

She’s seeing him at 9:30 this morning for a walk-through. I’m concerned. After heart surgery, she began having atrial fibrillation and can stroke out at any time. With all this stress, I’m afraid it might happen. I don’t know why he’s singling her out. Even a couple of the other tenants have noticed and can’t understand why. If I hear any more, I’ll contact you.

]]> By: John Bartlett http://www.tenants-rights.org/apartment-conditions-and-repairs-faq/comment-page-1/#comment-57107 John Bartlett Tue, 18 Sep 2012 22:18:54 +0000 http://mto.broadshouldersupdate.com/?p=229#comment-57107 I would start by getting her cardiologist to provide a written statement to the fact that she should not be doing that kind of work. I would give a copy to the landlord demanding some reasonable accommodation. If you sister is a senior citizen, you can try calling 311 to see if they have any services that could help move the stuff. Why is the landlord replacing the carpet? If the place is not upto code your sister can call 311 and request an inspection. If there are problems the City will cite the landlord and make the landlord fix the place. If there are roaches throughout the building, it is the landlord's responsibility to exterminate them. I would start by getting her cardiologist to provide a written statement to the fact that she should not be doing that kind of work. I would give a copy to the landlord demanding some reasonable accommodation.

If you sister is a senior citizen, you can try calling 311 to see if they have any services that could help move the stuff.

Why is the landlord replacing the carpet?

If the place is not upto code your sister can call 311 and request an inspection. If there are problems the City will cite the landlord and make the landlord fix the place. If there are roaches throughout the building, it is the landlord’s responsibility to exterminate them.

]]> By: Ann http://www.tenants-rights.org/apartment-conditions-and-repairs-faq/comment-page-1/#comment-57088 Ann Tue, 18 Sep 2012 16:43:46 +0000 http://mto.broadshouldersupdate.com/?p=229#comment-57088 I'll try and make this short. A couple months ago, my sister's apartment and the other apartments in the building started getting major infestations of roaches that a tenant who doesn't live there anymore brought in. All the landlord did was give everyone Raid and a roach motel. My sister was buying insecticide on her own (even though she only has a part-time job) but it doesn't seem to work. One day last month, the landlord told her that he was bringing in Orkin on Monday, so be home. But on Saturday, he let himself in to her apartment while she was there without letting her know. He looked at her apartment and he looked at her and said that she and the apartment were disgusting. She admits she let the place go, but has started to bring it back to what it was before. She asked him if he was going to kick her out, and he said not yet. She asked him if the Orkin man was coming and he said no, it's too expensive. Then he wants her to move all her furniture out of the apartment and tear up the carpet (she had to remove part of the carpet due to some bad stains). And he wants her to move a TV and air conditioner that's on the back porch. She said that she can't because of her heart and he said to hire somebody, which is impossible. She said she'll throw out what she can, but that's all she can do. We don't have anyone who could help us move anything (they either said they're unavailable or won't go into the apartment because of the roaches), and I'm 61 years old. He's seeing her tomorrow for a walk-through. He asked her if she tore up the carpet yet, and she told him that her cardiologist told her she can't do that. He said we'll talk tomorrow. She's barely taking anything with her. She can't take the TV and her appliances, because they might be infested with roaches. What gets me really angry is that he doesn't say anything about the other tenants who have things on the back porch or that one of the tenants is a hoarder. She knows she isn't getting her deposit back. What are her rights? I’ll try and make this short.
A couple months ago, my sister’s apartment and the other apartments in the building started getting major infestations of roaches that a tenant who doesn’t live there anymore brought in. All the landlord did was give everyone Raid and a roach motel. My sister was buying insecticide on her own (even though she only has a part-time job) but it doesn’t seem to work. One day last month, the landlord told her that he was bringing in Orkin on Monday, so be home. But on Saturday, he let himself in to her apartment while she was there without letting her know. He looked at her apartment and he looked at her and said that she and the apartment were disgusting. She admits she let the place go, but has started to bring it back to what it was before. She asked him if he was going to kick her out, and he said not yet. She asked him if the Orkin man was coming and he said no, it’s too expensive. Then he wants her to move all her furniture out of the apartment and tear up the carpet (she had to remove part of the carpet due to some bad stains). And he wants her to move a TV and air conditioner that’s on the back porch. She said that she can’t because of her heart and he said to hire somebody, which is impossible. She said she’ll throw out what she can, but that’s all she can do. We don’t have anyone who could help us move anything (they either said they’re unavailable or won’t go into the apartment because of the roaches), and I’m 61 years old. He’s seeing her tomorrow for a walk-through. He asked her if she tore up the carpet yet, and she told him that her cardiologist told her she can’t do that. He said we’ll talk tomorrow. She’s barely taking anything with her. She can’t take the TV and her appliances, because they might be infested with roaches. What gets me really angry is that he doesn’t say anything about the other tenants who have things on the back porch or that one of the tenants is a hoarder. She knows she isn’t getting her deposit back. What are her rights?

]]> By: John Bartlett http://www.tenants-rights.org/apartment-conditions-and-repairs-faq/comment-page-1/#comment-56417 John Bartlett Fri, 07 Sep 2012 02:10:29 +0000 http://mto.broadshouldersupdate.com/?p=229#comment-56417 Do you have any documentation regarding the new carpet? Mold and mildew are not code violations. It makes using the repair and deduct portions of the ordinance more difficult. Are you suffering allergies as a result of the carpet? Can you get a doctors statement about it. You might want to start by calling 311 and requesting an inspection. If there are code violations, the inspector will cite the problems and the landlord will have to fix what the inspectors cite. Do you have any documentation regarding the new carpet? Mold and mildew are not code violations. It makes using the repair and deduct portions of the ordinance more difficult. Are you suffering allergies as a result of the carpet? Can you get a doctors statement about it.

You might want to start by calling 311 and requesting an inspection. If there are code violations, the inspector will cite the problems and the landlord will have to fix what the inspectors cite.

]]> By: Taylor Peterson http://www.tenants-rights.org/apartment-conditions-and-repairs-faq/comment-page-1/#comment-56399 Taylor Peterson Thu, 06 Sep 2012 21:08:24 +0000 http://mto.broadshouldersupdate.com/?p=229#comment-56399 Hello! I recently moved into a garden unit that needs a lot of repairs, many of which I knew about beforehand, as I was assured anything I put on a punch list would get done. Ans while I understand I am enjoying low rent because of the need for such repairs (many minor like needing new outlet covers), I cannot tolerate the condition of the carpet! Not only is is extremely dirty (I've vacuumed several times and steamed it already in one week - previous tenants or owner did not have apartment cleaned, as promised), but I am sure there is mold in some spots, such as one that is below a pipe leaking rusty water (and I was ensured the apartment was dry when it was shown to me). As usual, I informed the leasing agent - she seems to be the liaison between the tenants and the building owner because I cannot get a hold of anyone else - several times that the carpet needs to be replaced (verbally and via email). She finally responded that she "would forward" the information to "Kevin - he is the one who will determine and talk to the owner about the carpet - hopefully they can replace it for you." I have been reading about this 14-day policy and I am wondering if I should start pushing for this? I have no proof of her sending this information along and I cannot get a hold of this "Kevin" (or the owners for that matter!) myself. I am starting to get frustrated and want to leave the emotion out of it, but I'm sure we all know how emotional these situations can be (hence my poor, garbled description of the situation). I have already gone above and beyond cleaning the place and making my own repairs and improvements (because nothing is getting done as requested), so I would love to get out of this place ASAP, but would stay if they just replaced the carpet - it's definitely the bottom line. I am allergic to mold and mildew, and it's also dangerous for my dog. I guess I just need to know what the next step is, and how to approach whomever I should approach so I get some results. Thank you so much! This website and community is wonderful! Hello!

I recently moved into a garden unit that needs a lot of repairs, many of which I knew about beforehand, as I was assured anything I put on a punch list would get done. Ans while I understand I am enjoying low rent because of the need for such repairs (many minor like needing new outlet covers), I cannot tolerate the condition of the carpet! Not only is is extremely dirty (I’ve vacuumed several times and steamed it already in one week – previous tenants or owner did not have apartment cleaned, as promised), but I am sure there is mold in some spots, such as one that is below a pipe leaking rusty water (and I was ensured the apartment was dry when it was shown to me).

As usual, I informed the leasing agent – she seems to be the liaison between the tenants and the building owner because I cannot get a hold of anyone else – several times that the carpet needs to be replaced (verbally and via email). She finally responded that she “would forward” the information to “Kevin – he is the one who will determine and talk to the owner about the carpet – hopefully they can replace it for you.”

I have been reading about this 14-day policy and I am wondering if I should start pushing for this? I have no proof of her sending this information along and I cannot get a hold of this “Kevin” (or the owners for that matter!) myself.

I am starting to get frustrated and want to leave the emotion out of it, but I’m sure we all know how emotional these situations can be (hence my poor, garbled description of the situation). I have already gone above and beyond cleaning the place and making my own repairs and improvements (because nothing is getting done as requested), so I would love to get out of this place ASAP, but would stay if they just replaced the carpet – it’s definitely the bottom line. I am allergic to mold and mildew, and it’s also dangerous for my dog. I guess I just need to know what the next step is, and how to approach whomever I should approach so I get some results.

Thank you so much! This website and community is wonderful!

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