Heat & Other Essential Services – FAQ
NOTE: If your landlord lives in your building, see the “Exceptions” note on the right side of this page.
What are essential services?
Heat, running water, hot water, electricity, gas,and plumbing.
Who is responsible for paying for these services?
That depends upon the terms of your lease agreement.
What if I’m responsible for the cost of heating my apartment?
Your landlord must give you a written statement setting forth the projected average monthly cost of heating your unit. (Your landlord must do this even if your tenancy is not governed by Chicago’s Residential Landlord and Tenant Ordinance).
What if I get a shut-off notice because my landlord didn’t pay a utility bill?
After giving your landlord written notice of this problem, you can
- pay the utility company to keep the service on, and
- deduct from your rent the amount you pay the utility company.
What is the first thing I should do if an essential service that my landlord is supposed to supply is shut off?
You must first give your landlord written notice of this problem. THIS IS EXTREMELY IMPORTANT. After providing such notice, you have several options. These options are set forth in the answers to the next five written questions.
Can I pay the utility company to restore the service?
Yes, and you can deduct this payment from your rent. Make sure you get a receipt from the utility company so you can prove how much you paid.
Can I buy something (such as a space heater) that can supply the essential service?
Yes, and you can deduct from your rent the cost of what you’ve bought. Make sure you get a receipt for your purchase so you can prove how much you paid for it. Do not use a gas stove to heat the apartment!
Can I sue my landlord?
Yes, but contact an attorney first. He/she can help you sue your landlord for an amount that reflects the reduced value of your apartment plus attorney’s fees.
Can I move out of my apartment and stay in a motel until the essential service is restored?
Yes, and you do not have to pay rent for the period you’re in the motel or other temporary housing. Furthermore, you may deduct from your future rent payments the cost of this temporary housing (as long as it does not exceed your monthly rent).
If my landlord doesn’t restore the essential service, can I terminate my lease?
Yes, but only if your landlord doesn’t restore the service within 72 hours of receiving your written notice. If that happens, you can send your landlord another written notice stating that you are terminating the lease agreement.
NOTE: You may not terminate your lease agreement for lack of an essential service if the utility company is unable to provide the service). If you terminate the lease, you must move within the next 30 days. Otherwise, your lease will remain in effect.
What if a member of my family, a guest, or myself are responsible for the lack of service?
In that case, you may not use any of the remedies set forth above.
Am I entitled to notice if the building’s utilities are going to be disconnected?
Yes. Your landlord must provide you with written notice of any proposed shut-off. This notice must:
- Identify the service that will be terminated;
- State the intended date of termination; and
- State whether the proposed termination will affect your apartment.
What if my landlord fails to provide me with this notice?
You can notify him/her, in writing, that you will terminate the lease agreement in no less than 14 days if he/she does not provide you with the required information. If you terminate the lease, you must move within the next 30 days. Otherwise, your lease will remain in effect.
How warm should my apartment be?
The Chicago Municipal Code states that, from September 15 of each year to June 1 of the following year, the temperature in your apartment must be at least:
- 68 degrees from 8:30 a.m. to 10:30 p.m.
- 66 degrees for all other times.
*This is true even if your tenancy is not governed by Chicago’s Residential Landlord and Tenant Ordinance.*
What if my apartment is too cold?
Record the temperature in your apartment three times a day for a week. If these recordings show that your apartment is too cold, send your landlord a letter stating that he/she is violating the Chicago Municipal Code and must increase the temperature in your apartment. If he/she doesn’t comply with this demand, call the City’s Heat Hotline at 312/744-5000.
What if my landlord shuts off my utility service in an attempt to force me out of the apartment?
Call the police and an attorney. (For more information, see “Lock-outs and Retaliation“).
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.
The guidelines regarding heat (between Sept. 15 and June 1) are misstated here. It should read as follows:
10:30 p.m. to 7:30 a.m. – 63 degrees
7:30-8:30 a.m. – 65 degrees
8:30 a.m. to 10:30 p.m. – 68 degrees
I saw this misinformation posted on other websites. The correct heat requirements are stated in this post:
between Sept 15 and June 1st
* 68 degrees from 8:30 a.m. to 10:30 p.m
* 66 degrees from 10:30 p.m. to 8:30 a.m
http://www.cityofchicago.org/city/en/depts/bldgs/provdrs/inspect/svcs/heat_inspections.html
The language can be found in the Chicago Building Code 13-196-410.
I am having issues with the heat in my apartment 1) working at all in my bedroom, 2) remaining around 68 degrees. I have attempted to resolve the issue over the phone but the response has been ad hoc and not really resolved the issue. I have already ordered two space heaters to help with this…should I just deduct the cost of them and the electricity bills from next month’s rent, and from every month after that and notify them via certified mail that I am doing this? I am somewhat hesitant to move, but I also don’t have too much faith that they are going to resolve the matter, either. Please advise.
The heat laws for Chicago are require that the landlord maintain heat at * 68 degrees from 8:30 a.m. to 10:30 p.m. * 66 degrees for all other times. The first step is to document the problem by creating a heat diary. You can do this by taking the temperature at various time of the day in different rooms. You can deduct the cost of the space heaters once you have written a letter to the landlord. As for the cost of the electricity that may be a little harder to determine though you should be able to deduct the additional cost to bring the unit into compliance though for instance if you wanted to heat the unit warmer than 68 then that would have to be a cost you would bear.
1) How many days/weeks do I need to document the heat diary?
2) If one room is heated properly but several other rooms are not properly heated at all do I still have a legitimate complaint?
3) If the landlord fails to comply or resolve the issue within the stated time frame, can I seek alternate housing immediately? I am 4 months pregnant, and having complications now. I don’t want to wait!
There are no regulations for how long to maintain a heat diary. In general the longer the better, though you may want to check in with an attorney.
The Chicago building code requires that all rooms be a minimum of 68 degrees during the day and 66 degrees at night. The City can cite for a violation in room.
I am not sure what you mean by seek alternative housing immediately. Do you mean terminate your lease and move somewhere else. If so the following is what the Chicago Landlord and tenants ordinance states. I am not sure if you are covered by the law because you did not mention how many units are in the building and if the owner resides there.
(f) Failure To Provide Essential Services. If there is material noncompliance by the landlord with the rental agreement or with Section 5-12-070, either of which constitutes an immediate danger to the health and safety of the tenant or if, contrary to the rental agreement or Section 5-12-070, the landlord fails to supply heat, running water, hot water, electricity, gas or plumbing, the tenant may give written notice to the landlord specifying the material noncompliance or failure. If the landlord has, pursuant to this ordinance or in the rental agreement, informed the tenant of an address at which notices to the landlord are to be received, the tenant shall mail or deliver the written notice required in this section to such address If the landlord has not informed the tenant of an address at which notices to the landlord are to be received, the written notice required in this section shall be delivered by mail to the last known address of the landlord or by other reasonable means designed in good faith to provide written notice to the landlord. After such notice, the tenant may during the period of the landlord’s noncompliance or failure:
(5) terminate the rental agreement by written notice to the landlord if the material noncompliance or failure persists for more than 72 hours after the tenant has notified the landlord of the material noncompliance or failure; provided, however, that no termination shall be allowed if the failure is due to the inability of the utility provider to provide service. If the rental agreement is terminated, the landlord shall return all prepaid rent, security deposits and interest thereon in accordance with Section 5-12-080 and tenant shall deliver possession of the dwelling unit to the landlord within 30 days after the expiration of the 72 hour time period specified in the notice. If possession shall not be so delivered, then the tenant’s notice shall be deemed withdrawn and the lease shall remain in full force and effect.
I just rented an apartment where I’m responsible for paying my own heat. I have a three bedroom apartment with only one central heating unit. There is nothing in any of the bedrooms or bathroom beside this unit located in the kitchen. Basically it heats half the apartment okay.
A) I can’t close any doors otherwise I get no heat to the rooms.
B) One of the rooms I had to just close because at night it gets down to 50 degrees and makes the living room colder.
What are the laws towards landlords providing adequate heating elements to heat an apartment vs. landlords keeping the temperature at a certain degree for supplying heat?
I spoke with the company and they specifically told me it would cost too much for them to fix and I could walk from my lease. I’m not in the position where I can walk and have enough funds to get a new lease???
From your description it does not sound like the unit is up to code. The Chicago heat law requires that the all rooms in the unit be heated to a minimum of 68 degrees in the day time and 66 degrees as night. There are several potential options that you may have if you are covered by the Chicago Landlord and Tenants Ordinance. First even if you are not you can call the City of Chicago’s 311 line and request a heat inspection. Secondly you can potentially purchase a space heater and deduct the cost from the rent. You would first have to provide the owner with a 14 day notice to fix the problem or else you will purchase a space heater and deduct the cost from the rent. If the landlord is responsible for the paying the heat then you could also deduct the cost off the increased electricity that you use.
Here is what the law states regarding the failure toprovide heat. (f) Failure To Provide Essential Services. If there is material noncompliance by the landlord with the rental agreement or with Section 5-12-070, either of which constitutes an immediate danger to the health and safety of the tenant or if, contrary to the rental agreement or Section 5-12-070, the landlord fails to supply heat, running water, hot water, electricity, gas or plumbing, the tenant may give written notice to the landlord specifying the material noncompliance or failure. If the landlord has, pursuant to this ordinance or in the rental agreement, informed the tenant of an address at which notices to the landlord are to be received, the tenant shall mail or deliver the written notice required in this section to such address If the landlord has not informed the tenant of an address at which notices to the landlord are to be received, the written notice required in this section shall be delivered by mail to the last known address of the landlord or by other reasonable means designed in good faith to provide written notice to the landlord. After such notice, the tenant may during the period of the landlord’s noncompliance or failure:
(1) procure reasonable amounts of heat, running water, hot water, electricity, gas or plumbing service, as the case may be and upon presentation to the landlord of paid receipts deduct their cost from the rent; or
(2) recover damages based on the reduction in the fair rental value of the dwelling unit; or
(3) procure substitute housing, in which case the tenant is excused from paying rent for the period of the landlord’s noncompliance. The tenant may recover the cost of the reasonable value of the substitute housing up to an amount equal to the monthly rent for each month or portion thereof of noncompliance as prorated.
In addition to the remedies set forth in Section 5-12-110 (1) (1) — (3), the tenant may:
(4) withhold from the monthly rent an amount that reasonably reflects the reduced value of the premises due to the material noncompliance or failure if the landlord fails to correct the condition within 24 hours after being notified by the tenant; provided, however, that no rent shall be withheld if the failure is due to the inability of the utility provider to provide service; or
(5) terminate the rental agreement by written notice to the landlord if the material noncompliance or failure persists for more than 72 hours after the tenant has notified the landlord of the material noncompliance or failure; provided, however, that no termination shall be allowed if the failure is due to the inability of the utility provider to provide service. If the rental agreement is terminated, the landlord shall return all prepaid rent, security deposits and interest thereon in accordance with Section 5-12-080 and tenant shall deliver possession of the dwelling unit to the landlord within 30 days after the expiration of the 72 hour time period specified in the notice. If possession shall not be so delivered, then the tenant’s notice shall be deemed withdrawn and the lease shall remain in full force and effect.
If the tenant proceeds under this subsection (f), he may not proceed under subsection (c) or (d). The tenant may not exercise his rights under this subsection if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of his family, or other person on the premises with his consent. Before correcting a condition, the repair of which will affect more than his own dwelling unit, the tenant shall notify all other tenants affected and shall cause the work to be done so as to result in the least practical inconvenience to other tenants.
My problem is a bit similar to the ones above. I live in Skokie so I am not sure if the same laws apply to me. We rent a 2 bedroom apartment, we pay our own heat. The rooms are all heated well except my daughter’s bedroom is definitely below 60 degrees. We have not been able to use the room much at all since we have moved in. In the summer it was too hot to be in there and now it is so cold that when I get my daughter’s clothes from her drawer in the room I have to heat them up before she can put them on and to go get her clothes I have to throw on slippers and a sweater. My daughter has been sleeping in our room every night and she can’t play in her room. Basically, we are paying for a 2 bedroom apartment and we are only able to use 1. When I spoke to my landlord about this problem it took him a while to send maintenance to come take a look and when he did, he just said he would adjust the vents so more heat goes in there. This has not helped at all. The landlord suggested we close all the other vents so all the heat goes into that one room and buy a space heater and he would reimburse us for it if we gave him the receipt.
My problems with this is we, like most people now, try to keep the heat off whenever possible so we don’t have a huge electricity/gas bill. I don’t want to leave the heater + space heater on all day just to heat up one room. I feel like I shouldn’t have to.
Is my only option to accept his offer? Can I push him to actually spend the money to correct this problem instead of sticking a band-aid on it?
Because you live in Skokie you are not covered by Chicago’s Landlord and Tenants Ordinance. I would start by creating a heat diary of the temperature in your daughters room. You may want to document the temperature in your daughter’s room as compared with the temperature in other rooms. With this information you can then contact the landlord and see if you can negotiate a reduction in rent in order to compensate you for keeping the space heater on. You can also try calling Interfaith Housing of the Northern Suburbs 847-501-4352 or you can call the City of Skokie and ask for a heat inspection.
My Chicago apartment has been without heat since Monday January 17th. Our Boiler broke (radiator Heat) and has recently been fixed. However, my unit along with a few others are still without heat. I have sent a physical letter to the Management Company, 3 email requests to fix the issue (no response) and have spoke to the property manager 2 times and he assured me they are fixing it. I have also filed 2 complaints with the city and have had no response. It is going on the 7th day now and for the past 7 nights I have had to make other living arrangements for both me and my dog. (I haven’t slept at my place in over a week.) I feel like I am running out of options here and Also, do not have the means to pick up and move in the middle of the winter. What recourse do I have in regards to not paying my flat rate monthly utility bill for heat and my rent?
According to the Chicago Law a renter can once you have provided the owner with written notification regarding the failure to provide heat or other essential service the tenant can
procure substitute housing, in which case the tenant is excused from paying rent for the period of the landlord’s noncompliance. The tenant may recover the cost of the reasonable value of the substitute housing up to an amount equal to the monthly rent for each month or portion thereof of noncompliance as prorated.
The law also states the tenant may: withhold from the monthly rent an amount that reasonably reflects the reduced value of the premises due to the material noncompliance or failure if the landlord fails to correct the condition within 24 hours after being notified by the tenant; provided, however, that no rent shall be withheld if the failure is due to the inability of the utility provider to provide service; or
If you have not been able to sleep at the unit then you should inform the landlord of this and highlight what the law states about this. I am not sure what you mean by flat utility rate. Is this a subsidized unit.
We pay 46.00 a month flat for just heat to residential Utility Solutions, a 3rd party company. However, there is heat in other parts of our building.
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Hello everyone I have a question I live in a 7 unit building and we had a flood the other night from the rain storm. Now no one has hot water because the hot water boiler got damaged, what can I do? My landlord has not even made a effort to let us know when this problem is going to get fixed.
Hot water is considered an essential service and under the Chicago Landlord and Tenants Ordinance a tenant can write a letter to the landlord. Here are potential actions to take.
(1) procure reasonable amounts of heat, running water, hot water, electricity, gas or plumbing service, as the case may be and upon presentation to the landlord of paid receipts deduct their cost from the rent; or
(2) recover damages based on the reduction in the fair rental value of the dwelling unit; or
(3) procure substitute housing, in which case the tenant is excused from paying rent for the period of the landlord’s noncompliance. The tenant may recover the cost of the reasonable value of the substitute housing up to an amount equal to the monthly rent for each month or portion thereof of noncompliance as prorated.
In addition to the remedies set forth in Section 5-12-110 (1) (1) — (3), the tenant may:
(4) withhold from the monthly rent an amount that reasonably reflects the reduced value of the premises due to the material noncompliance or failure if the landlord fails to correct the condition within 24 hours after being notified by the tenant; provided, however, that no rent shall be withheld if the failure is due to the inability of the utility provider to provide service; or
(5) terminate the rental agreement by written notice to the landlord if the material noncompliance or failure persists for more than 72 hours after the tenant has notified the landlord of the material noncompliance or failure; provided, however, that no termination shall be allowed if the failure is due to the inability of the utility provider to provide service. If the rental agreement is terminated, the landlord shall return all prepaid rent, security deposits and interest thereon in accordance with Section 5-12-080 and tenant shall deliver possession of the dwelling unit to the landlord within 30 days after the expiration of the 72 hour time period specified in the notice. If possession shall not be so delivered, then the tenant’s notice shall be deemed withdrawn and the lease shall remain in full force and effect.
We rent a house in the western suburbs. The landlord lives out of state and has been notified that the furnace does not function. This was discovered on the first cold night when we attempted to turn on the heat. We will be responsible for paying for heat, if we ever get any. More than 72 hours had passed since we first notified him and have done so on at least one occasion since. What are our options for remedy?
Some suburban cities have different laws regarding options you may have. Some cities may have inspectors that will come out if you complain and enforce the area’s building code. You might want to start by calling municipal officials. Under state law a tenant may use a repair and deduct for the rent remedy if the repair does not exceed the lesser of $500 or 1/2 month’s rent. Here is a link to the law and how to use that http://www.scribd.com/doc/38690515/Residential-Tenants-Right-to-Repair-Act. If you need a new furnace, you should see what your lease says about options such as termination, etc. Calling an attorney would also be a good idea.
Hi,
I have a section 8 voucher and my landlord is heating the unit during the day only some days. How can I prove that? I would really like to terminate my lease, but if I do I will have to be out of the unit in 30 days, how can a person with a section 8 voucher remedy this situation? People with section 8 have to wait a minimum of 2 weeks before getting moving papers, not to mention the length time it takes to get a unit inspected. I sent the landlord a letter after being in the unit less than 30 days with a number of issues requesting repairs. I was also told that section 8 will no longer do emergency inspections. I really need to know how to deal with this issue.
You might want to call 311 and request an inspection from the City of Chicago. If there is insufficient heat, you can try calling Section 8 they may inspect for a lack of heat.
I rent a room in a house belonging to a family (husband, wife & two children). They live there, too, along with two other adult renters. The homeowner only turns the heat on in the winter a few times a day (for 30-45 minutes), but not at all during the night. He does this to save money to fatten his wallet. Everyone in the house had gotten sick, including his two children. This all happened the past winter, and he’s doing it again. I just figured it’s his house and he can do what he wants. But *I* believe that as long as we pay him money for rent, we are tenants and have rights. If this is true, I fear he might raise the rent (again) in retaliation if I file a complaint. I cannot afford to move out, nor do I have friends/family to move in with.
We just want to be warm and comfortable!
I am not sure what the law is going to say on this matter considering that the owner actually lives in the unit that you occupy. There is a minimum heat requirement for residential housing. The minimum heat at night is 66 degrees and 68 degrees during the day. You could call the City and request an inspection though if the owner is home and refuses access, I am not sure how the inspectors will handle that. You are not covered by the landlord and tenants ordinance so your rights are limited. Have you had a conversation with owner? What about a space heater?
When I turn my space heater on at the time my fellow housemate has his on (in the bedroom next to mine), my circuit-breaker blows and I have to go to the basement and click it back on, providing the jerk who rents the basement lets me in. (I’m on 2nd floor of townhouse.)
The best thing for me to do is MOVE OUT, but as I stated before, I can’t afford it. I shall call the City and see what they say.
Thank you.
I live in my landlord’s rented out condo (which is really a slightly rehabbed older Chicago walkup with the label “condo” slapped on it). The heat for the apartment is included in the rent. Last year our boiler blew out and we had to survive part of that Chicago blizzard without heat.. my space heater was not cutting it. They eventually got it fixed and the radiator heat was working. In order to make up the money he lost fixing the heat, my landlord raised my rent, which is understandable. Now my issue is that the heat is barely turned on. Its on for maybe an hour during the mornings when I’m off at work, but when its lower 30s outside during the night its not on. The apartment itself isn’t insulated so the heat doesn’t stay inside. Ive already gotten sick, my fiancée is getting sick, and even my dog is getting sick (from laying on the frigid floor since we dont have carpeting – but that’s partly his fault because he’s never in his bed).
I don’t know if I should contact our landlord or the condo association (hesitant to go because they never actually help me). I feel that I should go to the association and request they turn on the heat more often or at least review the current timers they have on it. But will I be ignored because I don’t actually own my dwelling? Or should I go talk to my landlord? Since he pays for the heat in my apartment, I’m worried he’ll object to my wanting to be warm.
In answer to your question, I think that you need to start with your landlord. The landlord is who you have the rental agreement with. The law states that the unit needs to be 68 degrees during the day and 66 degrees in the evening. You might want to get a thermometer so that you can document the temperature.
Hi, i have a question about turning on utilities after a foreclosure. Say someone will become a “tenant” in an abandoned/foreclosed home in which the previous owner had a balance of, say $500 with the city of chicago water depatment…
How can one go about getting water turned on…I called the water dept., and they said the owner has to pay…but the previous owner is long gone…
It’s stated above that one can call the utility company and pay the bill…are there other options? Can one get the service under one’s name even though one is not purchasing this foreclosed home and sort of “becomes’ a tenant?
Thank You.
Jorge
I do know. Most utilities will turn on the utility if you can show them a lease with the current owner and show that it is a new lease starting since the bill was accumulated.
When we signed our lease for the house that we are renting the leasing agent told us that water, and lawn care was included in the rent. For the first couple of months we didn’t pay any additional money for water, and nobody ever came to take care of the lawn. We had a friend come and cut the grass, and fix up the front yard out of good will.
After a couple of months the landlord told us that we have to pay $40/month for water, there are four of us on the lease so I thought that he is trying to basically charge $10/person/month. I also wrote him a letter stating my concern for this sudden charge, and for the lack of lawn care service, and he wrote me a letter back stating that we must pay for the water, he also charged us $40/month for the first few months that we lived there, and didn’t have any knowledge of a water bill. Is he allowed to charge us this after we were told at the lease signing that it was included in the rent? Is he allowed to charge us for those first few months when we didn’t have any knowledge of a water bill, as it is not directly stated in our lease?
He is turning out to be a “slumlord” who doesn’t want to fix anything! and also told my mom on the phone yesterday that he is sick of us bothering him with things to fix, he also told her that if “we don’t like it, we can move.”
What should we do? How should we approach this person?
You said that you signed a lease. What does the lease say about water or other utilities for that matter? Do you have any written documentation that the water was included in the rent. A landlord is not allowed to change the terms of the lease until the lease ends. I would start putting all your requests in writing so that you can document what is happening. If things get ugly and you end up going to court, the more documentation (letters to the landlord, pictures, complaints to the City, etc) the better off you will be. Another option could be to ask the landlord to buy you out of your lease.