Q-The doors and windows in my apartment are not in compliance with city code. Specifically, there are insufficient locks on the windows and no deadbolt locks on the doors, among other problems. When I asked my landlord to make the required repairs, she said she would do them if I agreed to a $50 per month rent increase. When I persisted, she said she would force me out at the end of my lease by raising my rent by $400 per month or more. I don`t want to go through the disruption of another move. Short of terminating my lease, what are my options?
A-You have two options with regard to repairs. First, if you can divide repairs into segments in which each segment would cost less than $200 or one- quarter of your monthly rent, whichever is greater, you can make the repairs yourself and deduct the cost from the rent.
That remedy is covered under Section 5-12-110(c) of the City of Chicago Residential Landlord and Tenant Ordinance. You first must notify your landlord of your intention in writing and give her 14 days to make the repairs from the time she gets the notice. If she fails to comply and you do make the repairs, send her copies of the paid receipts for the repairs along with your reduced rent payments.
It sounds like the repairs in your apartment can easily be divided into segments. You may want to install deadbolt locks and make other minor repairs one month. Then, the next month you can make the window repairs. Remember, however, that you must send a separate notice for each month for each group of repairs.
The second alternative is to send your landlord a notice demanding repairs and stating that if the repairs are not made, you will deem the value of your apartment to be diminished by X number of dollars per month. This remedy, covered by Section 5-12-110(d) of the ordinance, also requires that you give the landlord 14 days to make the repairs before taking action.
If you choose this alternative, any deduction in your rent payments must reasonably reflect your inconvenience or loss of use. You can deduct this amount from your rent until the repairs are made.
Your landlord`s threats are disconcerting. The city`s ordinance requires the landlord to make necessary repairs to the building and she cannot require you to pay for them-in rent or any other manner.
Also, she cannot raise your rent by an unreasonable amount to force you out at the end of your lease because you requested these repairs or because you exercised your rights in regards to them. Under Section 5-12-150 of the city ordinance, this would constitute retaliatory eviction. She also cannot refuse to renew your lease as a result of your repair requests.
For the time being, you should keep copies of all written notices you send and a log of the dates, times and nature of all conversations you have with your landlord in this matter. Then if your landlord tries to evict you for nonpayment of rent or for failing to renew a lease that contains an unreasonable rent increase, you will be able to document your position and defend your actions.
Q-I am a condo owner and have renters living below my unit. The renters are constantly blaring their music and otherwise disturbing the other residents of the building. We have petitioned the condo board, but the members say they have no power to evict the tenants. I have called the unit owner, but her response was, ”Put a pillow over your head.” Where do I turn next?
A-Neither you nor your condo association can use the city`s landlord and tenant act to have these tenants removed. That is because you do not have a landlord-tenant relationship with the occupants of the apartment.
Your association probably has the authority to act against such disturbances under the condominium declaration, bylaws, rules and regulations. This authority may include the right to evict the tenant and the owner, or it may call for a lawsuit to seek an injunction against the owner and occupants of the unit. However, it is up to the association to exercise that authority. A second step may be to contact the police whenever the noise reaches intolerable levels. Hopefully, a simple police warning will convince your neighbors to clean up their act.
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Robert A. Boron, a Chicago attorney who specializes in leasing matters, writes about landlord and tenant issues for the Tribune. Questions to him can be addressed to Rental Q&A, Your Place section, Chicago Tribune, 435 N. Michigan Ave., Chicago, Ill. 60611. Sorry, but he cannot make personal replies.
