Q–I own a large apartment building in Chicago. Considering the number of units in the building and the number of occupants, there is always some slight damage, and I make it a point to make repairs on a regular basis. However, at times I am cited for city code violations, which I invariably fix.
I know I’m supposed to inform tenants of city violations as they are cited, but because most of them are minor maintenance issues and are cured so quickly, I would like to avoid informing tenants of the violations all the time. The question is, do I have to inform tenants of violations for which I have already made repairs or does the disclosure requirement only apply to violations which are not cured?
A–You have to inform tenants of code violations. However, there is a question of timing involved. You do not have to inform tenants of violations as they are cited. However, the disclosure must be made regardless of whether the violations have been cured, or whether you are in the process of repairing the defects.
The City of Chicago Residential Landlord and Tenant Ordinance states that you must make the disclosures to tenants before each initially enters into a lease with you. Also, the disclosure must be given upon each extension or renewal of a lease term. That is different from having to make the disclosures when violations are cited. You are not required to send multiple notices to all tenants as and when you receive notices of code violations. Rather, the requirement is that the disclosure be made at the inception of each lease term.
The ordinance requires you to disclose all dwelling code violations cited by the City of Chicago within the previous 12 months, regardless of whether the violations have been cured or remain outstanding. Further, code violations must be cited both for the individual dwelling unit that the tenant intends to (or is) occupying, and for the common areas of the building.
The only matters that must be promptly reported to tenants when received are notices involving termination of utility services to the building. There is a continuing obligation to disclose possible terminations of utility service throughout the tenancies–not just at the tenancies’ inception. This notice must be provided to all tenants regardless of whether it is a city notification regarding termination of water service, or is notice from a private utility service provider relating to gas, electrical or other utility service.
That notice must state the type of service to be terminated, along with the intended date of termination.
You must also specify whether the utility termination will affect the dwelling units, the common areas or both.
Q–We have a troublesome tenant who is constantly complaining about the need for repairs.
It has come to the point that we are unable to make ends meet in our small building because of the expenses we have incurred making the repairs to the tenant’s unit.
The tenant’s lease runs for another eight months, but we cannot afford to keep making repairs at this same pace for that period of time. How can we terminate the tenancy?
A–Unfortunately, you left out an important factor: What is causing the need for the continual repairs?
If the tenant is causing the damage, most likely you do not have to keep making the repairs.
If you can prove that the tenant is causing unreasonable damage to the unit or the common areas, you probably can serve a 10-day notice on the tenant terminating the tenancy and right to possession for cause.
On the other hand, if the repairs are not caused by the tenant’s conduct, but stem from the condition of the building and/or your failure to properly maintain the building, there is probably little action you can or should take against the tenant.
In that situation, the tenant is simply asking you to maintain the building in accordance with local building codes and standards.
If you then take action against the tenant, you might be guilty of retaliating against the tenant for exercising his or her rights under the law.
In that case, a judge is unlikely to remove the tenant from the property.
A third possibility is that the repairs being requested are not really necessary, and that the tenant is making unreasonable requests.
You should make this evaluation before you decide whether you can or should take action against the tenant.
Simply because the tenant is demanding certain repairs does not mean that you are required to make them.
You are required to keep the property substantially in compliance with local building codes. However, you are not required to immediately react to your tenant’s requests, regardless of the merits of the tenant’s complaints.
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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, IL 60611. He also can be reached by e-mail at rabltd@aol.com. Sorry, but he cannot make personal replies.
