Q-I rent an apartment in a two-flat building in Chicago. The owner lives in the other apartment. There are lights in the hallways, but the lights are always off. If I`m having company, I have to ask her to turn on the hallway lights.
I don`t have a lease, and rent on a month-to-month basis, but I just moved in and don`t have the money to move out. When I ask her for lights, she tells me she has owned the building for 25 years and doesn`t have to furnish hallway lights. What can I do?
A-Your building is not subject to the city`s landlord-tenant ordinance, because you live in an owner-occupied two-flat. Nevertheless, the building is subject to the city`s building code, and it requires the landlord to furnish lights in the common areas.
If your landlord won`t furnish the lights voluntarily, you should contact the city`s Department of Inspectional Services and explain your problem. It probably will send a building inspector to verify the condition and should cite the landlord for failure to maintain the proper lighting. If the landlord still doesn`t furnish light, keep reporting it to the city.
Because you can`t afford to move out, you must try to protect yourself from having your tenancy terminated by the landlord. With a month-to-month tenancy, the landlord technically has the right to end it by serving a 30-day notice. However, she is prohibited by law from terminating the tenancy in retaliation for your calling the city or any governmental agency to report problems with the building.
Clearly, she will know that you were the one to report the problem. So when you contact the city, give the landlord written notice that you did and the reason why. Be specific in the notice about the date you contacted the city and notify her again, in writing, each additional time you contact the city. Keep a copy of each notice you send.
If she subsequently tries to terminate your tenancy and takes you to court, you can present copies of the notices to the judge. The court is very likely to conclude that your landlord is terminating your tenancy as a result of your contacting the city. This is the only way to protect your rights if your landlord tries to retaliate.
Lease breaker
Q-I had a tenant who failed to pay rent by the fourth month of a one-year tenancy, so I gave him a five-day notice for nonpayment. The notice stated that if he didn`t pay within five days, his tenancy would be terminated. Instead of paying, he simply moved out of the apartment. Three months have passed and I have not been able to rerent the apartment. Can I take any action to recover the rent under the lease?
A-Yes, you can. Just because the tenant elected to move out rather than pay the rent that was due, he is not relieved of his responsibilities under the lease.
Your first step now is to get the apartment rerented. Only then can you compute just what your actual loss will be. Under most leases, your tenant will be responsible for any costs you incur in rerenting the apartment, including advertising, brokers` fees and any reasonable redecorating expenses. He also will be responsible for rent for the months the apartment remains vacant.
Once you know what your damages are, you must credit the tenant`s security deposit. You can sue him for the balance.
Your big problem may be finding the tenant so you can serve a summons and court papers and then collect the judgment awarded by the court.
