Q-I have a tenant whose lease expired two months ago. Because he has not found a new apartment, I agreed to allow him to remain in the apartment on a month-to-month basis so long as he paid his rent well in advance. He has now told me he can’t pay the rent in advance and that he may not be able to pay the rent until later next month. He also told me he is unprepared to move from the apartment. What can I do?
A-You should prepare to have him evicted when he fails to pay the rent in accordance with your agreement.
Hopefully, you had a written agreement on the lease extension, signed by both of you. In that case, each of you should have a clear understanding of your obligations.
Because his rent payments currently are up-to-date, you cannot begin an eviction action at this time. The fact that he has told you that he cannot pay the rent does not put him into default. But when he actually fails to pay the rent on time or stays beyond the period for which the rent is paid, then you can act.
Because the tenant has told you he does not intend to fulfill the rent payment agreement, you should tell him clearly that unless he does, you do not intend to allow him to stay.
While you cannot begin eviction proceedings during the time his rent is paid, you should prepare to file an eviction case as soon as that period ends. You should not worry about the non-payment of rent aspect of the case. Instead, you should handle the case on the basis on the expiration of the lease.
While a non-payment of rent situation would require the service of a five-day notice before an eviction action could begin, the lease expiration case would not require the same notice. With the five-day notice, you would be required, during that five days, to accept the rental when paid, even though it is late. With a lease expiration case, you are not required to serve a five-day notice and you are not required to accept any late rent payment.
By failing to pay the rent at the time specified in your extension agreement, your tenant will have passed the point of no return with regard to renewal of the lease. Tardy attempts to pay the rent should not reinstate his right to extend his lease unless you choose to let him.
Repair and deduct
Q-I live in a large apartment building in Chicago. I asked my landlord to make some minor repairs in my apartment and he has told me he won’t do them. He told me if I wanted the work done, I should do it. My problem is that I don’t know if he expects me to pay for the work, or if he simply wants me to have the work done and then he’ll reimburse me. I’m reluctant to have the work done until I know who is paying for it.
A-The City of Chicago Residential Landlord Tenant Ordinance provides that for justifiable minor repairs, you can have the work done yourself if the cost is less than the greater of $500 or one half of your month’s rent and then deduct the repair costs from your rent.
Before having the work performed, you must give the landlord written notice demanding that he get the repairs done within 14 days after its receipt. If the landlord fails to comply within that time, you can have the work performed. You would then deduct the repair costs from your next rent bill and supply the landlord with a copy of your receipt for the repairs.
The key in such situations is the nature of the repairs. While the ordinance limits the repair cost, the defect needing repair must constitute a “material noncompliance” with the lease or with the building code. This means that the defects must be substantial-not simply something you wish to change that is not really broken or defective.
If you are questioning whether you wish to perform the work, there may be a substantial question in your mind as to whether the work actually needs to be done. You must be able to resolve this question because if you are questioning the need for the work, you may not be able to justify it to the landlord. If a defect exists, it should be repaired. But if the condition is not truly a defect and the repairs would be elective, then you probably do not have the right to charge the landlord for the work.
Before proceeding with with any repairs, talk to the landlord. Make sure both of you are clear about what work needs to be done and who will pay for it. Then you can determine whether you would be justified in having the work done yourself and deducting the cost from your rent.
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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.
