Chicago Building Code RE: Pests
CHICAGO BUILDING CODE RE: PESTS
13-196-630 Residential buildings – Responsibilities of owner or operator.
Every owner or operator must:
(a) Comply with the requirements imposed on him by this chapter;
(b) Maintain in a clean, sanitary and safe condition the shared or public areas of the dwelling or premises, and maintain and repair any equipment of a type specified in this Code which he supplies or is required to supply;
(c) Exterminate any insects, rodents or other pests in any family unit, if infestation is caused by the failure of the owner or operator to maintain the dwelling in a ratproof or reasonable insect-proof condition, and he must exterminate such pests in any family unit in the dwelling, regardless of the cause of infestation, if infestation exists in two or more of the family units in the dwelling or in the shared or public parts of any dwelling containing two or more family units; and
(d) Supply and maintain the facilities for refuse disposal which are required of him by Section 7-28-220.
Learn more about tenant remedies for pest infestation here: http://www.tenants-rights.org/apartment-conditions-and-repairs-faq/
July 16,2010
My son has mice and the mouse drippings are all over the place. He has incessantly complained to the landlord and they no absolutely nothing about it. He has bought various things to get rid of them and the mice still persist.
Sincerely,
Ms. Lynette M.Grossman
In Chicago there are laws that allow people to use their rent to hire an exterminator. The law allows you to spend the greater of $500 or one half months rent to correct the problem. That may be sufficient to fix your problem. The is process starts with a letter to the landlord. There are sample letters on our be page please follow the link http://www.tenants-rights.org/apartment-conditions-repair-repair-and-deduct-sample-letter/.
I have bedbugs in my building. More than two of us have complained with very little response. They spray a little, and that’s the end of it. I have been living there since April, am a senior citizen, and think we deserve better. I know how to get rid of them and so do they, I know that it is a comprehensive approach with spraying, steaming, and caulking the crevices in the wall. I had someone in the alderman’s office talk to the property manager, and the next day a staff member came up with a little steamer and steamed my couch. He did a really nice job and it lasted a few weeks because in spite of me vacuuming and spending $50 a month on vacuum bags, doing laundry every day, they did not steam the carpet or any of the rest of the steps that you have to take, so I am being bitten up again. I want to deduct a portion of my rent, as I can not afford to move, and I have done this before, but I can’t find a sample of the letter that you send to the property manager. Can you help me?
Here is a link to some sample letters regarding repairs. http://www.tenants-rights.org/category/landlord-tenant-faq/apartment-conditions-repair/
I live in an apartment in the chicago northwest suburbs. Do these same laws and codes apply to the suburbs as well?
Unfortunately the Chicago Residential Landlord and Tenants Ordinance only covers Chicago renters. Neither Cook County nor most of the the surrounding municipalities have any significant tenant protections with the exception of Evanston and Mount Prospect. If you are interested in helping to pass such laws in suburban areas let us know.
I am renting a house that is rat infested, i informed the landlord of the problem and they do nothing about it.I only been living there for a month,& they claimid the place was rodent free before i moved in. Can I sue them for all my money back(security,rent,moving costs etc… ???
Hi Jerome,
You can certainly consult an attorney to see if you could win those damages. If you have a good attorney and the infestation is the result of landlord negligence, you may have a case, but only an attorney would be able to tell you for sure.
If you are covered under the Chicago Residential Landlord Tenant Ordinance, then you have remedies you can put into place without having to work with an attorney. Write a letter to your landlord explaining the problem in detail, give him/her 14 days to fix the problem, and then you explain what you’ll do if he doesn’t fix it in 14 days. The three options are explained here: http://www.tenants-rights.org/apartment-conditions-and-repairs-faq/
Make copies of the letters you write and mail them certified mail to your landlord so you can prove that (s)he received it.
Hello,
I’ve recently discovered that in my 3 bdrm apartment we have a little mouse running around. My roommate and I together have 2 dogs so I was a bit surprised at this. We live on the top floor of a 2 story flat and we told the landlord about the discovery. She handed us a mouse trap and said “That’s what happens when it gets cold outside.” Just out of curiousity, is this all the landlord is required to do by law or do they have an obligation to do more? Thanks!
Does your landlord live in the apartment building? If (s)he does, then your rights are not as expansive as they would be if you were covered under the Chicago RLTO. http://www.tenants-rights.org/residential-landlord-tenant-ordinance/
If you are covered, you may write a letter asking the landlord to fix the root cause of the problem – somewhere a mouse was able to enter your apartment from outside of it. If you are covered, you may either do a repair and deduct or a rent reduction to reflect the reduced value of your apartment. You can learn more about those options and find links to the sample letters here. http://www.tenants-rights.org/apartment-conditions-and-repairs-faq/
If you are not covered (because you live in a 2 flat and the landlord lives in the building,) then I still recommend writing the letter & sending it by certified mail to your landlord. If you are not covered under the RLTO, the law does not explicitly give you the right to pay less rent so if you choose to do so, it’ll be at your own risk. But sometimes just writing a letter demanding repairs shows the landlord that you are serious about not tolerating intolerable conditions like rodent infestations.
I am a case manager for limited English speaking clients in Chicago. One of our clients has bed bugs in their apartment. It is almost certainly their fault (they have been bringing furniture from the alley)- or, put otherwise, they have been taking actions that would lead to bed bugs, even if they arrived in the unit via other means.
The building manager is discussing them needing to pay for extermination.
Is a landlord able to oblige a renter to pay for an exterminator? They (the building manager) are obviously concerned about spread to other units, to the point that logical discussions (spraying the one apartment won’t necessarily end the infestation; it’s Rogers Park, many buildings have bed bugs; trashing the mattresses wont’ end the infestation, etc.)
Thanks,
Peter
This is a very tricky topic and bed bugs are a growing problem. First it is very difficult to assign blame. Bed bugs can come from many places. Certainly bringing in furniture form the alley is a risky venture. I do not know what you mean by other risky actions. Bed bugs really do not have anything to do with how clean you may keep your unit. Some could say that staying in hotels is risky. Did your client know that bringing furniture in from the alley was dangerous and could result in a bed bug infestation.
When it comes to who should pay for the extermination there are many factors involved such as do other units have bed bugs, did the client realize that bringing used furniture into the unit could lead to the infestation, did the client refuse to cooperate with apartment policies regarding bed bugs, were the policies known, did the client know that the furniture had bed bugs, etc. Before paying for a costly extermination process I would talk with an attorney.
Finally there may be ways to save the furniture. One owner on a cold clear night moved furniture to roof of the apartment because very cold temperatures like those we have been experiencing will kill bed bugs. Before takiing action regarding extermination you should talk with an expert.
I have pigeons roosting on the window ledge in the gangway of my multi-unit apartment building. In addition to leaving unsanitary bird droppings on the sill, they coo very loudly in the early morning, making it extremely difficult to sleep. I have asked the management company to fix the problem. They said they came by and looked, but that there was nothing they could do. I would like to send them a registered letter asking them to get rid of the pigeons within 14 days, otherwise I will hire a company to come with ladders (I live on the 3rd floor) to install pigeon-deterrent spikes. Do you think this falls within my rights as a tenant (“repair and deduct”)?
I don’t know that this is a violation of the building code. You should only use one of the remedies available to Chicago RLTO renters, including the repair and deduct, if you are certain that this is a building code violation. You may want to contact your alderman or Chicago’s Streets & Sanitation department. Streets & Sanitation does work to mitigate rats; they may be a good place to inquire about your issue. You can also call 311 to see if this is something that can be cited by an inspector.
If you discover that this is not a building code violation, which I suspect, and you still want to hire a company to install the spikes, it’s in your best interest to first get written permission from your landlord. Although it sounds like pretty minor work, your landlord could argue that installation of these spikes is a violation of the terms of your lease.
Hello—-
I was informed by a tenant living on the 4th floor of my 22story building that she has an infestation if bed bugs. I live on the 16th floor. Management has not yet informed all tenants of this occurrence. Are they required by the renter ordinance to do so?? Trying to research this topic before confronting management. Any information and/or referrals to resources would be greatly appreciated.
Currently, there are no laws that require a landlord to disclose the presence of bed bugs in a building. Bed bugs are not like other pests. They migrate much slower so hopefully the landlord is working to resolve the problem. Many tenants want the landlord to spray the entire building though this is not necessary nor advisable. The eradication procedures on work on direct contact with the pests. So if there are no pests it does no good to spray in a unit that does not have them. It will not prevent the bugs from migrating there in the future.
I moved into my apartment 1 and 1/2 months ago. I brought all furniture with me, and have bought nothing new. There is some sort of bug infestation in my apartment; I have not seen any bedbugs, but it is a possibility. I have been bitten multiple times, and have had to see three different doctors for the severe reaction to these bites. I am fairly certain the bugs were in the apartment before I moved in (I live in an older, not exactly well kept building). What are my rights and next steps in terms of extermination in my unit? Does this give me a right to break my lease – if I moved into a uninhabitable building, it seems my renter is at fault – although, my concern is that they will say I brought the infestation with me (which I am sure I did not. There were no bugs or bites at my old apartment).
The law is not so clear on the issue. A first step might be to see if other tenants are having any problems with pests. If you think it might be be bugs I would examine your bedroom and especially the bed very thoroughly. After this you can then document your concerns by writing a letter to your landlord. As for terminating the lease. The law does not make exceptions for bed bugs. The law for terminating a lease states the tenant can terminate the lease if after providing the landlord with written notification and waiting at least 14 days for the landlord to fix the problem. The law also states the problem must make the unit not reasonably fit and habitable.
so i have been living in this aprt in cicero since november 1st. i have been getting multiple bug bites, we found out early december it was bed bugs. I called my landlord and the next day she sent an exterminator. we are going on two weeks now since the exterminator showed up but we still keep getting bit. i know this was a problem that was already here because the people on the first floor have had the problem for some time now but just never informed the landlord. i have a 5 month old baby and a 2 year old son. What can i do or how do i break my lease without getting penalized or have to spend more money than i should. Even if the problem gets fixed i dont feel comfortable living here anymore.
There are no laws specifically about bed bugs. They would be same as any other pest. Unfortunately, Cicero has few laws that cover this situation. My suggestion would be to start by calling the Cicero City Hall and see if they have any inspectors that look for bed bugs or other pests. Have you asked the landlord about breaking your lease? If the landlord agrees then the problem is solved, though you need to get the agreement in writing, including what happens to your security deposit.
Hi, I just moved into a townhome a month ago and found out it is infested with roaches. I informed the landlord and he sent an exterminator out who really didnt do anything but spray which i could have done. He also told me i am responsible for any extermination and this was a one time favor and its in your lease which made me believe he knew about this before he rented to me. After the exterminator came there still was a problem so i called orkin and i also bombed the place and bought numerous sprays. This worked a little bit but theres still activity and i have kids in the hous which one is a baby and found some that were crawling on her and my bed also. Is there a way i can get out of my lease i feel like a prisoner in my own home.
The landlord should be liable for the roaches. Is the town home connected to another unit? Does that unit have roaches? If so the landlord is responsible. In general tenants are only liable for problems that they are the cause of. As for getting out of the lease, the Chicago Landlord and Tenants Ordinance states that a tenant may terminate the lease if the apartment condition is such that it makes the unit not reasonably fit and habitable and the tenant sends the landlord a notice stating that if the problem is not fixed within 14 days of receipt of the letter then the tenant will terminate the lease and move out. Whether roaches rise to the level of making the unit not reasonably fit and habitable probably depends on the severity of the infestation. It does leave things up to interpretation.
Yes i share a wall but they are separate owners.
Do the neighbors who you share a wall with have pests?
I dont know but i think they do because ive tried everything and they keep coming back.
I moved into a new apartment in October. A couple months ago my boyfriend saw a mouse. We told the owners and they gave us some glue traps. About a month ago, the first mouse was caught. Tonight, the count came up to six. I’m very disturbed with the living situation.
The beginning of last week, one of the workers came in and covered all the holes on one of the kitchen walls but not the other. (The kitchen is where they are all being caught.) On Thursday, the husband owner and one of the workers said they would go up and cover the other questionable wall in the kitchen. When I came home later, I noticed some spackle on the bottom of one of the walls and some new mouse traps. When I called and spoke to the female owner tonight, she told me an exterminator had been in the apartment on Thursday, not the building worker. I had not been notified an exterminator would be coming in. I kind of felt violated.
When I asked what they were going to about the mice, she said she didn’t know. I asked if I was going to get a break on the rent, she laughed. I told her I had broken a lease before because I saw one mouse. Then she said she would talk it over with her husband.
I’m going completely crazy. I feel like I have things craling on me. I heard another mouse in the same area shortly after I got off the phone with her.
What can I do about this?
The first thing to do is to document the problem each time with a letter to the owner asking for repairs to done to remedy the situation. You can give the landlord 14 days to fix the problem and if it is not remedied then you have several options. The first is to hire an exterminator to take care of the problem and deduct the cost from the rent. The second is to reduce the rent to reflect the diminished value of the apartment or three you can terminate the lease if the problem makes the unit not reasonably fit and habitable. You can also call the City and request an inspection at 311 and if the City sees an mice then they will cite the landlord.
How would I go about reducing the rent to reflect the diminished value of the apartment? How do you put a price on that?
I posted this on Tuesday, at that time there had been six mice. Then someone with the building came in to block up some possible entrances for mice and found one in the meantime, (seven) he killed it. Then yesterday two more were caught, bringing the current total to nine.
The owner and one of the workers came in and put cement on one of the walls where they had a hole that had been covered but they made a hole again.
I am just having a hard time with the debate of whether to pay the entire rent or not. I completely feel I shouldn’t, but can’t take the risk of having to move. I don’t have the money for that right now, as much as I’d like to.
My neighbor saw a mouse in her apartment and the owner suggested she get a cat. She’s not the most likeable person.
hola espero y puedan enterder mi mensaje …el dia 1ro de abril me mude a la direccion de 2044 n laramie llegue exactamente el dia primero del mes de abril pero ya habia yo apartado el departamento 2 meses antes y el dueno nunca me informo que en su departamento tenia grandes ratas de aley y cucarachas y aranas negras x ese problema me tuve k salir solo vivi ahi x un mes y como a los 20 dias de estar ahi mi nina de 5 anos un dia amanecio con muchas ronchas en su estomago brazos y piernas y al dia siguiente la lleve al doctor y me dijo k eran piquetes de insectos enseguida que llegue a la casa le dije al dueno que me iba a salir por miedo k la ratas llegaran a morder a alguno de mis tres hijos ..bueno el dueno me respondio que no le diera tantas explicaciones y que estaba bien me dijo que al final del mes me regresaba mi deposito le pedi que me firmara una carta que yo hice indicando lo que el me dijo pero me dijo que no que confiara en el y ahora que ya es final de mes le ehh llamado varias veces y no me contestaba hasta que segui insistiendo y para esto el me dijo que no me va a regresar mi dinero de mi deposito que xq yoo tuve que avisarle un mes antes de salirme y me dijo que no intentara perder mi tiempo llevandolo a corte que xq ya lo han llevado mas de 3 veses y que nunca los inquilinos han podido hacer nada en contra de el
tambien hice una queja al 311 antes de salirme denunciando que habias ratas en el apartamento y cucarachas pero solo me dijeron que mandarian a alguien a un inspector a revisar el departamento eso fue 10 dias antes de salirme y nunca fue ningun inspector por miedo y por prisa tuve que rentar un storage para sacar mis cosas y lamentablemente tuve que tirar mi macrowave porque estaba lleno de cucarachas tambien bote a la basura una carpeta manteles de mesa porque una manana en mi comedor estaba bastante basura que habia dejado la rata y estaba mi fruta toda mordida por la rata en fin me toco tirar varias cosas como para que ahora el senor me diga que no me va a regresar mi deposito y con todo sinismo me dice vive en chicago il senora y en chicago todos los departamentos estan infectados oh y el dia que le notifique que habia ratas me dijo no se preocupe en caso que llegue a morder a alguno de sus ninos no pasa nada porque solo dijo que las ratas de campo son peligrosas y que esas tremendas rats que estaban en su departamento no eran daninas
Concepción,
Espero que nos halla llamado. Lamentablemente no hay nada favorable en esta situación. Antes de que un inquilino se mude hay ciertos pasos que uno tiene que seguir. Estos pasos son muy importantes por que facilitan que al final usted reciba su deposito de seguridad en corte si el dueño no se lo regresa. En su caso por que usted no se mudo sin nada en escrito, la ley ve esto como que usted dejo el apartamento sin seguir los pasos. Esto quiere decir que asumiendo que usted no firmo un contrato el dueño tiene derecho a quedarse con el primer mes de renta y hacerla responsable por el siguiente mes. Por eso el dueño se puede quedar con su deposito de seguridad. Usualmente esta situación no es favorable en corte para el inquilino, de nuevo por el hecho que no hay nada en escrito. Nuestra recomendación es que nos llame para que podamos discutir que hacer en el futuro si esta situación se presenta de nuevo y para que le demos números de unos abogados en caso de que usted desee explorar si hay otras opciones. Esperamos que su niño este mejor y escuchar de usted pronto.
On friday 6/8/12 late at night I saw a mouse in my kitchen and later heard it biting the wood in the cabinets. We called the landlord to notify them in which they came by the next day to set up traps. Shortly after the landlord left the mouse was caught. But then 2 days later on 6/10 I saw mouse dropping in all my cabinets and set up mouse traps again in which two more mice were caught. We notified the landlords again stating the our concerns of infestation and our inability to use our kitchen. Then this morning 6/11 two more mice were caught..so that makes 5 mice total so far. My landlords said they will be by this wednesday to look at the kitchen but in the meantime to purchase more mouse traps. I’m extremely upset of their lack of urgency. I have taken pictures, date & times of the mice siting as well as sent a certified letter of repair. What other rights do we have in we continue to still have mice after they “inspect” the kitchen? What is a reasonable time to correct this problem? And if not corrected within that timeframe do we have the right to terminate our lease?
Sorry to say but the Chicago Landlord and Tenants Ordinance gives the landlord 14 days from the receipt of a written letter to make the repairs or in this case deal with the infestation.
As for terminating the lease, the law states that the problem must make the unit not reasonably fit and habitable. In some ways that is a judgement call. There is no definition of reasonable fit and habitable.
We currently have a fly infestation in our unit. The flys started manifesting within a matter of 6 hours. I have notified my land lord but am afraid he will do nothing about it. We have had a number of similar issues in the past. What are rights regarding this matter. Cannot withhold rent because I am moving out within a few days. Please advise.
Mallory
Hi Mallory,
My answer is assuming you ARE covered under the Chicago RLTO. Landlord does not live in building or your building has more than 6 units (if LL does live in building).
You could write a letter and following 14 days of no response, make the repairs yourself and deduct the cost from next month’s rent. Sample letter here: http://www.tenants-rights.org/apartment-conditions-repair-repair-and-deduct-sample-letter/
BUT, you say you’re moving out in a couple days so in this situation there isn’t much recourse. In the unlikely event that the landlord would attempt to bill the extermination to your security deposit, I would still recommend taking pictures and writing a letter to prove that the fly infestation is not a result of your negligence.
About three weeks ago my roommate came home from work and told me that a coworker of hers had bedbugs. Well long story short my roommate now has gotten a few bites (less than 10) and is convinced they are bed bugs. We live in a condo bldg with 4 floors and 8 units per floor. Our particular unit is owned by our next door neighbor, but we still go to the condo association for all maintenance issues. The condo sprays for pests every 3 months or so, but we have never had it done in our apartment because we have dogs. Do we notify our landlord prior to finding any evidence that there actually are bed bugs? I’m afraid that the association would make us spray the whole bldg out of pocket because we haven’t had our particular unit sprayed. Are there any specifics for condo associations where the owner lives in the bldg?
Several thoughts occur regarding your letter. The first is that the spraying is probably not for bedbugs. It is most likely for roaches.
It is best to notify your landlord of the situation. Bedbugs are a difficult situation to take resolve and can spread. The landlord may try and charge you for the problem. There are no specific laws regarding bedbugs even though there should be. The laws are about pests in general. The rule of thumb is that if pests are found in more than one unit then it is the landlord’s responsibility to take care of them. If it is only in one unit then the tenant may be responsible.
Rather than spraying every unit. It is suggested that the landlord inspect all the units that in any way abut the infected unit. Dogs are often used and for the most part effective in finding bedbugs.
If you are working or come into contact with bedbugs, there are some precautions to take such as washing clothes and bedding in very hot water, getting a mattress encasement, bagging clothes that may have come in contact with bed bugs, steam cleaning can help. I would ask your work place to inspect the work area for bed bugs.
There are other pests that bite so it may not be bed bugs.
I moved into a unit which has 5 apts. Me being the basement towards the front, 2 above me and 2 in the back part.
My lease started on 02-01-2012, about a month after me living there my neighbor (right above me) welcomed me to the apt and as well let me know about the previous disgusting tenants that were living there before me. She started telling me that to check the carpet and to keep an eye out for bugs cause she had them in her apt. At that time I wasnt sure if she was talking about actual bed bugs (I never heard of or even worried about anything like that nor was I educated on how rapid these nasty creatures populate!!!) or like your normal spiders, centipedes, maybe even waterbugs that you usually encounter in basements. She said these people ended up getting evicted for bringing these pests and for bringing things from the street in the apt. I am 100000% that when I signed the lease my apt wasnt habitable to rent to anyone because of this problem. Can I break my lease cause of this? In July (5 months into my 1 year lease)is when I actually confronted my first infestation under my bed! I immediately called the management company and 7 days later they sprayed. Im still getting bit and am still seeing signs of them. I threw away my bed, dresser, and fulton, washed all my clothes, steam cleaner is out of my range to get cause I already live check to check. Ive got pictures of bites, bugs, cracks and crevices that they never took care of, and last statements from the other infested tenants which state that during months I wasnt even living in the building their was a pest problem with bedbugs that still exist. Hopefully having that will be in my favor if he doesnt want to return my security deposit. I go back and fourth threw text messages with the management company thinking it favors me cause I have proof of notice to them when im getting bit up or when I see one. Is that a good source to have these text messages or should everything be written? Im going to write my letter to break the lease since he doesnt want to come to an aggresive approach on these critters because theyve been there since! It kills me to kno im living in the place where the problem started.
My suggestion is that you contact an attorney that specializes in bed bugs. Bed bugs are very difficult to get rid of and they will just move to your next unit. I believe Attorney Hall on our attorney referral list handles bed bugs.
My daughter recently rented an apartment in wicker park and has a problem with centipedes. Her landlord came in to spray but now tells her that’s Ll he can do. Can she have an exterminator come in and deduct the expense from her rent?
Yes, if the problem persists, a tenant can give the landlord a 14 day written notice and if the landlord does not take further the action then the tenant can go ahead and hire an exterminator and deduct the cost from the rent.
I recently signed a lease on an apartment that is infested with roaches. I didnt notice the infestation until we were about to move in which was the day after the lease signing . i trapped one of the roaches so that the landlord could see and to clarify that it was a roach and i wasnt being paranoid. after we contacted the landlord he confirmed that it was a roach and said to give a day him a day to bomb, lay traps, etc. well we went back to a few days later to see if the problem was resolved. It wasn’t there are still roaches on the walls through out the apartment. so we contacted him and told we cant stay at the apartment and would like to just have our rent and security deposit check back which he said he would do if he couldnt fix the problem. Now hes not returning our calls and the money which he said he would return is all the money we have to rent another place. what should i do? I have pictures of the roches and text messages as evidence.
Here is what the law states regarding the unit not being ready for the tenant to move in.
(b) Failure To Deliver Possession. If the landlord fails to deliver possession of the dwelling unit to the tenant in compliance with the residential rental agreement or Section 5-12-070, rent for the dwelling unit shall abate until possession is delivered, and the tenant may:
(1) upon written notice to the landlord, terminate the rental agreement and upon termination the landlord shall return all prepaid rent and security; or
(2) demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the dwelling unit against the landlord or any person wrongfully in possession and recover the damages sustained by him.
If a person’s failure to deliver possession is wilful, an aggrieved person may recover from the person withholding possession an amount not more than two months’ rent or twice the actual damages sustained by him, whichever is greater.
If you want do not want to move in then as the above states write the landlord a letter stating your intent not to move in because of the roaches attach the pictures and demand the immediate return of your money. In the letter let the landlord know that if they do not return the deposit immediately, then you will have to pursue legal recourse which will mean that the landlord will be liable for the deposit plus penalties of twoce the deposit plus any attorney fees.
We have been living in our apartment for a year, and about 6 months in, we had a mouse sighting. I called my landlord and she just told me it happens and to set traps. We had a couple of sightings after that. We began cleaning out closets and other areas and noticed large amounts of mouse droppings. We can see several spots around piping and in the vents where they can be coming in. We are on the first floor and the basement if full of their very old, very dirty things (boxes of books, old mattress set, various house fixtures and much more), and we think this could be the source of our problem. In addition, the basement is a public area where our laundry is and was originally promised to us for storage. We are now at the point of resigning the lease.
Is our landlord responsible for getting rid of the pests, particularly calling an exterminator, and ensuring they don’t return (ie sealing up around piping, etc)? Are they required to clean out the basement? Should we resign the lease before resolving these issues?
Yes the landlord is responsible for getting rid of the pests. Cleaning is different. The landlord is responsible for ensuring that the landlord is required to prevent the accumulation of garbage, trash, refuse or debris as required by the municipal code. I am not sure if cleaning the basement would be a part of this. If you are thinking of quitting your lease, you should talk with an attorney to make sure that you can legally terminate it. The dirty basement may not rise to the level of not reasonably fit and habitable. In an case you should document the situation well with photos and you can call 311 and request an inspection.
I’ve noticed that I have mice in my apartment I informed my landlord and he said they exterminate quarterly and will have to wait 2months for them to take care of it and I don’t think it should take that long what are my rights as a tenant thus is a four apartment unit
The Chicago landlord and tenants ordinance states that the tenant can give the landlord a 14 day notice to make the repair. If nothing is done within that time frame tenants can potentially hire someone to exterminate and deduct the cost off the rent or do a rent deduction.
I live in a 3-unit place and 2 of the units have had a mouse problem. We both contacted the landlord but did not state the 14 day timeframe, and the landlord hired (or claimed to hire) an exterminator. The only evidence I saw of the exterminator were bait traps, but they have not done anything. The exterminator said it would take a full 2 weeks before they were completely gone. After 2 weeks since the exterminator and 3 weeks from initially contacting the landlord, I have still seen mice and mice droppings. Since there was a failure to exterminate the rodents (or find and repair entry points within 14 days, do I have any rights to terminate the lease?
If not, can I still hire an exterminator of my choosing for the up to $500 to deduct from the rent? I want to hire someone to fix the holes, not just kill the current mice. Since she has taken some steps, even though they haven’t worked, does this affect the 14 day repair clause?
Additionally, I have not been staying there because I do not find it habitable. I have a mouse phobia, causing me to anxiety and stress-induced hives, as indicated by a note my doctor wrote for me. I know the law does not define ‘fit and habitable,’ but who determines how many mice make a place inhabitable? Between the 2 units, we’ve seen 8 in a month.
Please let me know if any of these issues fall within a reasonable mean to terminate.
The law states that you must specify that you will terminate the lease on a day not less than 14 days after the landlord receives the notice. The law is a little more vague in regards to using the repair and deduct method. Even here the law states that you must inform the landlord of your intention to hire someone to repair the problem.
If you have a phobia about mice, you can make a case that the unit is not reasonably fit and habitable. Here is link to a sample letter http://www.tenants-rights.org/apartment-conditions-repair-terminate-tenancy-sample-letter/