Comments for Metropolitan Tenants Organization http://www.tenants-rights.org tenants helping tenants improve their lives since 1981 Tue, 21 May 2013 14:44:35 -0800 hourly 1 http://wordpress.org/?v=3.4.2 Comment on Leases – FAQ by John Bartlett http://www.tenants-rights.org/leases-faq/comment-page-1/#comment-120811 John Bartlett Tue, 21 May 2013 14:44:35 +0000 http://mto.broadshouldersupdate.com/?p=246#comment-120811 It does not sound like the landlord is trying to mitigate your damages. I cannot say whether to put the unit on the MLS. I do not know ow many renters use that to find an apartment. Does the owner live in the building? If not did the landlord attach a summary of the Chicago landlord and tenants ordinance to the lease. If the landlord did not then you can terminate the lease effective June 1. Otherwise another option is to write t he landlord a letter stating as you have stated in previous letters you have to leave your lease early and will not be able to pay any rent starting June 1. You asked about subletting and they have not provided you with the information to do so and have not tried to show the unit despite your requests to do so. The law requires that the landlord attempt to mitigate your damages and you feel they have not done so. There may be other ways to pressure the landlord around the security deposit. Finally have you put an ad on Internet? That tends to be a more cost effective way to advertise. It does not sound like the landlord is trying to mitigate your damages. I cannot say whether to put the unit on the MLS. I do not know ow many renters use that to find an apartment. Does the owner live in the building? If not did the landlord attach a summary of the Chicago landlord and tenants ordinance to the lease. If the landlord did not then you can terminate the lease effective June 1. Otherwise another option is to write t he landlord a letter stating as you have stated in previous letters you have to leave your lease early and will not be able to pay any rent starting June 1. You asked about subletting and they have not provided you with the information to do so and have not tried to show the unit despite your requests to do so. The law requires that the landlord attempt to mitigate your damages and you feel they have not done so. There may be other ways to pressure the landlord around the security deposit. Finally have you put an ad on Internet? That tends to be a more cost effective way to advertise.

]]> Comment on Leases – FAQ by Angela Melpolder http://www.tenants-rights.org/leases-faq/comment-page-1/#comment-120635 Angela Melpolder Mon, 20 May 2013 21:56:44 +0000 http://mto.broadshouldersupdate.com/?p=246#comment-120635 I notified my landlord that I would need to sublet my apartment, due to a new job and a paycut. They agreed to the sublet and I provided them with 5 weeks of notice. After two weeks the landlord had not showed the apartment and notified me that they wouldn't be showing the unit until the rent was received. I kept in constant contact with them about my financial situation and attempted to work something out with them in order to get the rent paid in full in time but they wouldn't respond to any attempts of communication. They never informed me that if the rent wasn't paid on time they wouldn't be able to show the unit. It is now 2 weeks to the date of my intended move out (June 1) and they still have only shown the unit one time. The first attempt to show the unit the landlord never even showed. I have tried continuously to get the information from them about the rental price (because they are going to start a new lease not a sublet, because there are only two months left on my lease) so that I could attempt to advertise for the apartment and find my own sublet/tenant for the unit and she has only just provided me with the information today after asking her for it at least 4 different times. Now she is saying that the apartment is not in "showing condition" because I have moving boxes and personal items in the apartment (I am still residing there)I have offered mulitiple times to show the unit for tenants and set up the showings for the people if she's not able to make it but she doesn't seem to want my help and has told me that "she'll take care of it" She told me today that if I wanted to have the unit on the MLS I could pay the fee for it which would be half a month's rent. I haven't seen any advertisements for the unit anywhere that I've seen and am now reaching the final weeks of the month and starting to worry that I'll be responsible for the June rent when she hasn't even made an effor to rent it. Now I'm 10 days away from the move out date and the unit has not been rented or even shown. What constitutes as a "good-faith" effor to get the apartment rented? And what are my rights? Is she doing what she's supposed to or should she be doing more? I notified my landlord that I would need to sublet my apartment, due to a new job and a paycut. They agreed to the sublet and I provided them with 5 weeks of notice. After two weeks the landlord had not showed the apartment and notified me that they wouldn’t be showing the unit until the rent was received. I kept in constant contact with them about my financial situation and attempted to work something out with them in order to get the rent paid in full in time but they wouldn’t respond to any attempts of communication. They never informed me that if the rent wasn’t paid on time they wouldn’t be able to show the unit. It is now 2 weeks to the date of my intended move out (June 1) and they still have only shown the unit one time. The first attempt to show the unit the landlord never even showed. I have tried continuously to get the information from them about the rental price (because they are going to start a new lease not a sublet, because there are only two months left on my lease) so that I could attempt to advertise for the apartment and find my own sublet/tenant for the unit and she has only just provided me with the information today after asking her for it at least 4 different times. Now she is saying that the apartment is not in “showing condition” because I have moving boxes and personal items in the apartment (I am still residing there)I have offered mulitiple times to show the unit for tenants and set up the showings for the people if she’s not able to make it but she doesn’t seem to want my help and has told me that “she’ll take care of it” She told me today that if I wanted to have the unit on the MLS I could pay the fee for it which would be half a month’s rent. I haven’t seen any advertisements for the unit anywhere that I’ve seen and am now reaching the final weeks of the month and starting to worry that I’ll be responsible for the June rent when she hasn’t even made an effor to rent it.

Now I’m 10 days away from the move out date and the unit has not been rented or even shown. What constitutes as a “good-faith” effor to get the apartment rented? And what are my rights? Is she doing what she’s supposed to or should she be doing more?

]]> Comment on Apartment Conditions and Repairs – FAQ 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.

]]> Comment on Apartment Conditions and Repairs – FAQ 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

]]> Comment on Chicago Residential Landlord Tenant Ordinance by C Wood http://www.tenants-rights.org/residential-landlord-tenant-ordinance/comment-page-3/#comment-120055 C Wood Sat, 18 May 2013 13:33:06 +0000 http://mtotest.justinmassa.com/?p=420#comment-120055 Thank you, John. Per the buliding, thi is work that is required by the city (replacing the heating system - assume its to bring the building up to a new-er code), but is not scheduled to be finished on the entire building until 2016. Therefore, I think it's reasonable to ask them to reschedule my unit for a week later. I emailed the building and my landlord and presented them with three options. 1) Finish the work in a shorter amount of time than planned, 2) Pay for me to stay at a nearby hotel during the time scheduled, or 3) Do the work the following week. I also stated that if they cannot go with option 1 or 2, I did not authorize entry for next week. I believe that this work interfers with my "peaceful enjoyment" of the propery. Is that within my rights? Thanks very much! Thank you, John.

Per the buliding, thi is work that is required by the city (replacing the heating system – assume its to bring the building up to a new-er code), but is not scheduled to be finished on the entire building until 2016. Therefore, I think it’s reasonable to ask them to reschedule my unit for a week later.

I emailed the building and my landlord and presented them with three options. 1) Finish the work in a shorter amount of time than planned, 2) Pay for me to stay at a nearby hotel during the time scheduled, or 3) Do the work the following week. I also stated that if they cannot go with option 1 or 2, I did not authorize entry for next week. I believe that this work interfers with my “peaceful enjoyment” of the propery. Is that within my rights?

Thanks very much!

]]> Comment on Chicago Residential Landlord Tenant Ordinance by John Bartlett http://www.tenants-rights.org/residential-landlord-tenant-ordinance/comment-page-3/#comment-120052 John Bartlett Sat, 18 May 2013 13:21:51 +0000 http://mtotest.justinmassa.com/?p=420#comment-120052 Under the law the following are reasons that the landlord can enter your unit. (a) to make necessary or agreed repairs, decorations, alterations or improvements; (b) to supply necessary or agreed services; (c) to conduct inspections authorized or required by any government agency; (d) to exhibit the dwelling unit to prospective or actual purchasers, mortgagees, workmen or contractors; (e) to exhibit the dwelling unit to prospective tenants 60 days or less prior to the expiration of the existing rental agreement; (f) for practical necessity where repairs or maintenance elsewhere in the building unexpectedly require such access; (g) to determine a tenant̓s compliance with provisions in the rental agreement; and (h) in case of emergency. I cannot tell from your letter whether your situation falls into any of these. I would guess the landlord will argue it is either a or f. You could request that the landlord come in at a different if you have reason such as a guest that would make this a large inconvenience. Under the law the following are reasons that the landlord can enter your unit.
(a) to make necessary or agreed repairs, decorations, alterations or improvements;

(b) to supply necessary or agreed services;

(c) to conduct inspections authorized or required by any government agency;

(d) to exhibit the dwelling unit to prospective or actual purchasers, mortgagees, workmen or contractors;

(e) to exhibit the dwelling unit to prospective tenants 60 days or less prior to the expiration of the existing rental agreement;

(f) for practical necessity where repairs or maintenance elsewhere in the building unexpectedly require such access;

(g) to determine a tenant̓s compliance with provisions in the rental agreement; and

(h) in case of emergency.

I cannot tell from your letter whether your situation falls into any of these. I would guess the landlord will argue it is either a or f. You could request that the landlord come in at a different if you have reason such as a guest that would make this a large inconvenience.

]]> Comment on Leases – FAQ by John Bartlett http://www.tenants-rights.org/leases-faq/comment-page-1/#comment-120051 John Bartlett Sat, 18 May 2013 13:15:49 +0000 http://mto.broadshouldersupdate.com/?p=246#comment-120051 First as to not paying rent, the odds are high that you will end up in eviction court, end up with an eviction on your record which may make it difficult to rent in the future. The law does not permit you to stop paying rent. Do you have any idea as to how much more you are paying in utility bills? I would start with a letter to the landlord that states it is illegal to have you paying usages other your own without initially disclosing that. I would like to be compensated for the past and to figure out a reduction in rent to move ahead in the future. I would have the electric company come out and document that you re paying for more than just your own unit. First as to not paying rent, the odds are high that you will end up in eviction court, end up with an eviction on your record which may make it difficult to rent in the future. The law does not permit you to stop paying rent. Do you have any idea as to how much more you are paying in utility bills? I would start with a letter to the landlord that states it is illegal to have you paying usages other your own without initially disclosing that. I would like to be compensated for the past and to figure out a reduction in rent to move ahead in the future. I would have the electric company come out and document that you re paying for more than just your own unit.

]]> Comment on Leases – FAQ by pierre http://www.tenants-rights.org/leases-faq/comment-page-1/#comment-119956 pierre Fri, 17 May 2013 23:42:02 +0000 http://mto.broadshouldersupdate.com/?p=246#comment-119956 Can a landlord charge you for old late fees? Cause i live in a basement apartment and i pay for all the electricity in the basement but didn't know until a few months ago.so i told my landlord the problem with my electricity bill being high and that when i check my Service box, i pay for the building to do laundry, security lights outside, storage light, and the garage. Its been 2-3 months since then now i told her i wasn't paying rent until she fixes the electricity. What do you think? Can a landlord charge you for old late fees? Cause i live in a basement apartment and i pay for all the electricity in the basement but didn’t know until a few months ago.so i told my landlord the problem with my electricity bill being high and that when i check my Service box, i pay for the building to do laundry, security lights outside, storage light, and the garage. Its been 2-3 months since then now i told her i wasn’t paying rent until she fixes the electricity.
What do you think?

]]> Comment on Chicago Residential Landlord Tenant Ordinance by C Wood http://www.tenants-rights.org/residential-landlord-tenant-ordinance/comment-page-3/#comment-119940 C Wood Fri, 17 May 2013 22:16:18 +0000 http://mtotest.justinmassa.com/?p=420#comment-119940 My high rise in Lincoln Park is making repairs. During this time, for eight days the building has required access to my apartment and they have said that they need to build 2 5ft by 5ft enclosures (25 sq ft each, one in the living room and one in the bedroom). I cannot make room for these, nor do I want people accessing my apartment for eight days. To top this off, my construction for my floor is scheduled over Memorial Day, and though the crews will not be working during this time, my apartment would be in disarray with the closure and all of my furniture dragged into the middle of my apartment to make room for this. To top it all off, there is no air conditioning for 2 months while they make these repairs. There is also facade work going on which sounds like jackhammering every Monday-Friday from 8 am till 3:30 or 4:00 pm. This has been going on since September and is slated to continue until this fall. As a result, I cannot stay the day at home or work from home. Do I have any recourse here? It's pretty miserable and I wasn't aware of any of this when I signed my lease. Can I refuse entry to my apartment for those eight days or request that it be done at a different date in less time? Thanks very much. My high rise in Lincoln Park is making repairs. During this time, for eight days the building has required access to my apartment and they have said that they need to build 2 5ft by 5ft enclosures (25 sq ft each, one in the living room and one in the bedroom). I cannot make room for these, nor do I want people accessing my apartment for eight days. To top this off, my construction for my floor is scheduled over Memorial Day, and though the crews will not be working during this time, my apartment would be in disarray with the closure and all of my furniture dragged into the middle of my apartment to make room for this. To top it all off, there is no air conditioning for 2 months while they make these repairs.

There is also facade work going on which sounds like jackhammering every Monday-Friday from 8 am till 3:30 or 4:00 pm. This has been going on since September and is slated to continue until this fall. As a result, I cannot stay the day at home or work from home.

Do I have any recourse here? It’s pretty miserable and I wasn’t aware of any of this when I signed my lease. Can I refuse entry to my apartment for those eight days or request that it be done at a different date in less time?

Thanks very much.

]]> Comment on Exceptions to the Chicago Residential Landlord Tenant Ordinance by John Bartlett http://www.tenants-rights.org/exceptions-to-the-chicago-residential-landlord-tenant-ordinance/comment-page-1/#comment-119856 John Bartlett Fri, 17 May 2013 14:31:17 +0000 http://www.tenants-rights.org/?p=1294#comment-119856 I am not sure what your verbal agreement was and if it had anything to do with not paying the advanced rent. Was that in the agreement and if it was why wasn't that written into the agreement. Does the condo association have to approve the leasing of the unit. If so and that has not happened then there cannot be an agreement. What has been the discussion between you and the landlord since this dispute. Have there been any written communications? You could start by demanding the landlord either provide you with keys or return your security deposit. The landlord is in material breach of the contract because no you have not been given possession of the unit on the agreed upon date. I am not sure what your verbal agreement was and if it had anything to do with not paying the advanced rent. Was that in the agreement and if it was why wasn’t that written into the agreement.

Does the condo association have to approve the leasing of the unit. If so and that has not happened then there cannot be an agreement.

What has been the discussion between you and the landlord since this dispute. Have there been any written communications? You could start by demanding the landlord either provide you with keys or return your security deposit. The landlord is in material breach of the contract because no you have not been given possession of the unit on the agreed upon date.

]]>