Q–I own a large apartment building in Chicago. One tenant has severely damaged the refrigerator in his apartment, to the point where it is inoperative and must be replaced. The tenant acknowledges that he damaged the refrigerator, but wants to reimburse me only $95, which he says is the value of the damaged refrigerator.
He contends that he has to pay only what he considers the fair market value of the refrigerator and that then it is my obligation to provide him with a new one.
I’m also concerned with the logical extension of this tenant’s theory. What if he damages something else in apartment? Am I stuck paying for the additional cost beyond what he deems “the fair market value?” I can’t possibly replace the refrigerator for $95. What should I do?
A–You are not required to replace the refrigerator in his apartment if he ruined it. Under the City of Chicago Residential Landlord and Tenant Ordinance, while the landlord is generally responsible for repairs in the apartment and the building, the landlord is not responsible for repairs or replacements required due to damage caused by the tenant.
In your situation, the tenant appears to have two choices. He can either pay you a reasonable amount for a replacement refrigerator or he can replace the refrigerator himself. He most likely will find that he cannot replace the refrigerator for $95; however, because you are not responsible for replacing the refrigerator for him, he probably will have to pay a greater sum for the replacement.
If the tenant decides to pay you for the replacement cost of the refrigerator, you cannot seek to improve your position due to the tenant’s misconduct. You are required, upon payment from the tenant, to replace the damaged refrigerator with one of like kind and quality. If he had a certain size refrigerator, in a certain condition and of a certain age, then you can require the tenant to pay for a reasonably comparable refrigerator.
You should notify the tenant that if he chooses to replace the refrigerator himself that he will not be allowed to remove it from the apartment when he moves. Otherwise, he might think he can take the refrigerator with him at the end of his lease. Such reasoning would be wrong, because he didn’t buy his own refrigerator; rather, he simply replaced yours due to damage he caused. Your written notice will assure that he knows that he must leave the replacement refrigerator behind. Keep a copy of that letter and a notation of when you send it.
If the tenant does, in fact, take the refrigerator, you will need documentation supporting your claim when you deduct the cost of another replacement refrigerator from his security deposit.
Q–We rent an apartment in the suburbs. When we moved here from out of town, we relied on our real estate broker, who assured us that the apartment was in a good neighborhood. We have learned of some strange activities in the neighborhood and we don’t feel safe here. Furthermore, the landlord doesn’t maintain the property in good condition.
We want to move out, but our lease doesn’t expire for another six months. When we asked the management company about it, we were told that our only two options are subletting the apartment or paying a three-month buyout for the balance of the lease.
We don’t think this is fair because the management isn’t maintaining the building or keeping the neighborhood secure. What will happen if we move out before the lease expires? Would it help if we took pictures of the “unusual” activities in the neighborhood in case we have to defend ourselves in court?
A–While you may have been somewhat misled by your real estate broker, a characterization of a neighborhood is so subjective that there is probably little you can do about it.
Even though you were unfamiliar with the area, you were responsible for investigating it before you moved into the apartment. This can be difficult to do, but the local police department may be a good place to start. Also, you often can speak to other tenants to gain some insight into an area. And if you are moving somewhere to start a new job, it might pay to speak to some of your coworkers to get information on the nature of the area.
You must understand, however, that the landlord is not primarily responsible for your security or for the security of the neighborhood. The landlord’s only responsibility is to maintain the building and to keep whatever security features it has in good repair. For instance, the landlord must assure that the vestibule doors and locks are in good condition. However, the landlord is not responsible for losses you sustain due to the acts of criminals in the area.
The only way you can move out of the apartment without facing responsibility for some or all of the rent while the apartment is vacant is if the conditions within the apartment and building are so bad that you can’t live there. If the apartment, or conditions in the building, make the apartment uninhabitable, then you can claim that you were constructively evicted due to the uninhabitability. However, you should be aware that judges are reluctant to enforce this right unless the conditions in the apartment are deplorable and you truly can’t continue to live there. Contributing conditions often involve lack of heat, water or other utility services.
If you have lived in the apartment for a number of months, and no casualty or other condition has occurred that materially affected the premises, then the general lack of attention to maintenance will not justify a claim of constructive eviction.
In your situation, you may have little practical alternative other than to try to sublease the apartment or pay the buyout fee. You may have the right to withhold a portion of your rent, to the extent that value of the apartment has been decreased due to the poor conditions. However, this almost certainly will result in a confrontation with your landlord. You may face an eviction suit and may have to justify the amount you have withheld as being a reasonable amount. If a judge finds that you have been unreasonable either in withholding the rent or in the amount of rent you withhold, he can order you evicted from the apartment. You also may remain responsible for the rent until the apartment is re-rented. Finally, you can be held liable for the landlord’s costs in re-renting the apartment.
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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.
