Don’t say “landlord” around Jennifer Bonk. Even months after she vacated her Bucktown apartment, she still has nightmares about her never-ending battles with her ex-landlord. But mention the same word to Melissa White and you’ll get just the opposite reaction–all smiles as she talks about her friend, the landlord.
For many tenants, the word conjures up images of a money-grubbing Lord of the Land banging on the door once a month demanding his rent. For others, the landlord is that friendly and dependable on-site savior who comes to the rescue when the plumbing goes haywire.
From a landlord’s perspective, the word “tenants” can induce a defeated sigh, recalling residents who never paid their rent on time or the ones who drove the neighbors nuts with blow-you-out-of-bed music at 2 a.m.
The landlord-tenant relationship has long been a touchy subject on both sides of the door. Depending on whom you ask, renting an apartment can be a lease-long period of contention or contentment between owner and renter.
Experts say miscommunication and misinformation fester the strife between landlord and tenant: neither party is clear about responsibilities before forming the relationship and, after the lease is signed, a question or problem that arises can be the catalyst for discord.
“Successful relationships are based on good communication and an understanding of what each is legally expected to uphold in the relationship,” says Julie Ansell, executive director of the Lawyers Committee for Better Housing, a not-for-profit law firm that provides free legal services to low-income renters in Chicago. Good communication between tenants and landlords means talking–and listening to–each other, with tenants relaying problems they’re having in their apartment and landlords responding by addressing tenants’ needs and then fixing the problem. What’s legally expected of landlords and tenants, Ansell says, is detailed in city and village rental ordinances. In Chicago, for instance, the Residential Landlord and Tenant Ordinance explains each duty the landlord and tenant is held liable for.
“Fifty percent of landlord-tenant disputes could be resolved before they ever reach litigation if landlords and tenants learn what they, by law, are accountable for, so when problems arise they can be quickly remedied,” says Ansell.
Power struggle
One reason landlords and tenants cautiously step around each other is the assumption that one reigns more leverage than the other. Some landlords worry the enforced law doesn’t give them enough leeway to fully control their property; many tenants fear the landlord wields all the power, and the law won’t help them since the landlord owns the property.
That juxtaposition only intensifies the animosity between landlords and tenants and frustrates legal experts, who say the laws are there to protect everyone: the landlord’s right to protect and run a property; and the tenant’s right to privacy and safety.
“In reality, the law provides a balance of rights for both landlord and tenant, not a power struggle,” adds Ansell. “If tenants know their side of the law, then they will find they, too, have power in their own rental unit and will know what to do if the landlord doesn’t turn on the heat or fix the leaky faucet.”
Although village and city ordinances vary at each municipality, the general responsibilities that landlords hold include maintaining the property in good condition, providing renters with a clean and safe rental unit and promptly performing repairs on the property, both inside and outside.
Tenants’ responsibilities generally include paying rent on time, keeping the apartment unit clean, not damaging the unit or the building property, not disturbing the neighbors and not engaging in any illegal activity, such as gangs and drugs, on the premises. In addition to designated ordinances, the lease the tenant signs before move-in day also should hold this crucial information and other fine-print legalities the landlord will have the tenant adhere to, including instructions on how security deposits are handled.
“The best landlord is an informed landlord; the best tenant is an informed tenant,” says Commissioner Cherryl T. Thomas of the Chicago Department of Buildings, which enforces building codes to ensure properties are safe and sanitized. “The tenant’s responsibility is to participate in the signed rental agreement, and the landlord needs to provide a legitimate lease. Often times, there’s no set agreement, and that’s when problems start between the landlord and tenant.”
Problems, says Thomas, stem from a communication breakdown between the two. “A tenant tells the landlord for months that (he or she) needs a new faucet and it never gets done. The landlord’s lack of response frustrates the tenant and a distrust forms.” Thomas stresses that it’s vital for owners and renters to develop a faith and trust between each other.
Absentee landlords
“Landlords should be present on the property and make themselves known to the tenants. Sometimes tenants never even see the landlord because they use an agent to collect the rent,” says Thomas. “This is not a good relationship; deferred maintenance from absentee landlords is a huge problem in Chicago buildings. Tenants need to be assured who the landlord is and that he or she will address their needs.”
Experts agree that landlord-tenant relations could rebuild itself into a favorable reputation if communication were a two-way street.
“Landlords need communication from tenants,” says Jim Stoller, president of Urban Properties Inc., which manages more than 1,000 vintage and modern apartments in the Chicago area. “We inspect units annually, and I’m constantly amazed when I see problems that tenants never called us about.”
Tenants sometimes blame landlords for neglect, but landlords may not be aware of what needs fixing. “I want to know if there’s a problem, so we can take care of it,” explains Stoller. “A good landlord wants to upkeep his or her building to stop problems from causing more damage and to increase the building’s value.”
Tenants, in many cases, feel reluctant to say anything because they’re uncertain if it’s their place to do so. “Perhaps tenants don’t tell the landlord right away about a problem because they feel intimidated or threatened,” says John Vranas, partner of Vranas and Associates, which owns and manages nearly 1,000 vintage and modern rental units on Chicago’s North Side, “but if they understand their legal rights, tenants will find this isn’t the case.” Vranas, who also is director of the Chicago Association of Realtors, an industry association with membership of over 6,500 Chicago-area realtors who own rental property, says landlord-tenant relationships must be founded on simple communication skills.
“Landlords have to be realistic about what it means to be a landlord. It’s a people job; not just handling real estate. If you’re not a people person, then you’re in the wrong business,” says Vranas.
It sounds easy. Landlords and tenants keep up their ends of the bargain, discuss problems and solve them in a timely manner.
Not so simple, if you visit Judge Carl J. Cipolla’s Cook County eviction court room, which is brimming with landlord-tenant dispute cases five-days a week.
“Tenant’s non-payment of rent is the number one reason landlords and tenants end up in court,” says Cipolla of the Circuit Court of Cook County. “People fall behind in their rent and say, honestly, that they don’t have the money. Even though the court understands the tenant’s predicament, it’s still the landlord’s legal right to be paid rent for the apartment, as the tenant agreed to when signing the lease.” Cipolla says the power isn’t all in the landlord’s hands, though, to swiftly evict a tenant who reneges on rent. “A landlord can’t file a suit against a tenant until the tenant is properly given a written notice and given the chance to be a good tenant again by paying the rent. The tenant, however, has the right, in some municipalities, to serve the landlord a written notice to make repairs that aren’t made, allowing the landlord sufficient time to make remedies.
“A landlord may try to evict the tenant to retaliate, which is illegal,” says Cipolla. “My advice is to read your city ordinance to learn your rights as a tenant and landlord. The law gives a fair balance on both sides to ensure everyone’s rights are protected.”
Jennifer Bonk learned the hard way to look before you lease. .On Day 1 of her leasing experience, she discovered the landlord hadn’t installed a stove or refrigerator; the nightmare continued, from Bonk having to charge carpet installation on her credit card, to a gas leak that she says the landlord shrugged off as her imagination.
“Every month I prorated the rent for something he didn’t do,” says Bonk, who vacated the unit after a year of turmoil. “I was very inexperienced when I moved in, even signing a homemade lease.”
Bonk says she stayed there because she thought she didn’t have a choice.”As a tenant, you really think you don’t have the power when you’re under the landlord’s lease, but you actually can control your rental unit as long as you learn how to handle the problems,” she says.
Taking control
Three years ago, building owners and city officials in Mt. Prospect were frustrated with a rash of bad tenants and properties in disrepair. “Owners were tired of one bad tenant bringing down the building quality,” says Bob Roels of the Village of Mt. Prospect’s community development division. “Screening of tenants or monitoring of apartment buildings, which are mainly individually owned, wasn’t required, so crime increased and buildings deteriorated.”
To regain control of the community for landlords and tenants, the village enforced stricter codes, which included the village taxing owners $14 per unit every year to fund a stronger force of building inspectors and community policing.
Thomas encourages not only face-to-face interaction between landlord and tenant, but community involvement to open up communication and build trust between landlord and tenant. “Tenants need to take pride in the place they’re renting. Try to help the landlord and instill your responsibility as a tenant by picking up litter around the property, reporting a light bulb blown in the stairwell and expressing any concerns you have about what’s happening on the property,” says Thomas.
Legal and rental experts say problem tenants shouldn’t be categorized as complainers; complaints keep the building’s standards up, so things will get repaired on a timely basis. “Landlords shouldn’t overlook tenants as a resource to efficiently run the property,” adds Ansell. “It’s in the tenant’s best interest, as well as the landlord’s, to knowing what’s going on inside and outside the property. Landlords should be providing an environment that assures tenants they can express any concerns without retaliation.”
How can the landlord-tenant relationship be such a struggle for some, like Bonk, yet a great experience for others, like White, a one-year resident of the Clover Ridge East apartment complex in Palatine. “The landlord’s philosophy of customer service makes me feel lucky to live here,” expresses White. “The staff asks if there’s anything I need; if I don’t, it’s nice to know, at least, they’re checking. The main reason I stay here is the attention the management gives me.”
Education and training is the basis of Marquette Management Inc., which owns and manages Clover Ridge East, as well as 17 other rental communities in suburban Chicago.
“It’s all about how to deal with people and them knowing they can count on the landlord,” says Rick Harb, partner and president of Naperville-based Marquette. “Landlords are there to be problem-solvers and to help people enjoy their homes.”
Marquette employees go through a two-year training and development program that includes how to communicate effectively with residents and how to build community with good customer service. “We survey tenants all the time for feedback on their needs, problems and what we can do to make their living experience better,” says Harb. “We never want residents to feel they can’t talk to us about a problem.” Experts say there are steps landlords and tenants can take to ensure they’re not signing themselves into a future landlord-tenant snafu. Responsible landlords can perform thorough background checks on would-be tenants based on the rental application. Landlords run a credit check, check if the applicant holds a criminal record and verify current and previous residences and job history to see if there’s a record of timely rent payment and a steady income.
How can tenants check that the landlord is responsible? Before signing a lease, apartment seekers can visit a county court house and perform a computer search to learn if any cases were filed against the landlord. Also, future renters are urged to visit and thoroughly inspect the property, both inside and outside, to ensure a clean, well-kept property and to ask current tenants how landlords react and respond to problems on the premises.
Both landlords and tenants can start the communication process and build trust with each other even before a lease is signed, according to industry and legal experts. Before signing a lease, both the landlord and the tenant should walk through and inspect the property together, agreeing on what repairs should be made to the unit before move-in.
“Everything should be in writing, and both need to sign the document,” says John Bartlett, hot-line coordinator of the Metropolitan Tenants Organization, a non-profit tenants organization that assists Chicago renters with legal questions and lawyer referrals. “Over 40 percent of our hot-line calls are related to repairs not getting done by landlords,” says Bartlett. “If everything was in writing beforehand and if landlords and tenants had an open communication system, then there wouldn’t be so many problems.”
HELP ON CALL FOR DISPUTES
Where tenants can go for help or information:
– Chicago Bar Association’s Lawyer Referral Service at 312-554-2001 or via its Internet site at www.chicagobar.org.
– Lawyers Committee for Better Housing at 312-347-7600 (free legal service for Chicago residents only)
– Legal Assistance Foundation of Chicago at 312-341-1070
– Metropolitan Tenants Organization’s hot line at 773-292-4988.
– Chicago residents can call 312-744-5000 for any landlord or building concerns; suburban residents can contact the local city hall or municipal building.
Where landlords can go for help or information:
– Chicago Association of Realtors at 312-803-4900 or via its Internet site at www.car-realtor.com.
– The City of Chicago Landlord Training Program, which is designed to educate landlords on how to manage and maintain safe apartments with good tenants, at 312-744-3430.
– Chicago Bar Association’s Lawyer Referral Service at 312-554-2001 or via its Internet site at www.chicagobar.org.
– Chicago landlords can call 312-744-5000 for any tenant or building concerns; suburban landlords can contact the local city hall or municipal building.
