Q–I have been living in an apartment for six years, and until recently, all the repairs have been made in a prompt manner. However, I know that the building owners are getting a divorce, and the husband has been given this building, or at least is responsible for its maintenance.
Lately the maintenance has not been taken care of in the same way, and many repairs are not being done.
For the last month we have had no heat, and a water pipe burst in my ceiling, ruining my computer and furniture. I have called the city, but they haven’t done anything. I have been living with my mom for several weeks, but clearly I have to do something. I just don’t know what to do. Can you help?
A–Actually, you are facing a fairly common problem. Often when landlords get divorced, or building partnerships are going through a dispute and possible dissolution, it is the tenants of the property who suffer the most.
Sometimes there is simply not enough money to pay for the building and for the costs of the conflict between the spouses or partners at the same time. Other times, neglecting the assets of the partnership is a strategy that one or both partners use to try to force the other side to make concessions, or to force a settlement.
Because often the owners of the building are not residing there, they don’t experience firsthand the hardship their inaction is causing.
It is unlikely that the city hasn’t taken action with regard to the lack of heat at the property. Most municipalities are very sensitive to this action, because they understand that this can cause a life-threatening situation.
What is more likely is that the city has taken action, and you are unaware of it. The municipality might be trying to serve the property owners with summonses to bring them to court, and may have even appointed a receiver to take over the property to restore heat.
Because you are not at the building, you might not be aware of these actions, and might not have received an order to move from the apartment, because you’re already gone. If you are, in fact, correct that no action has been taken, you might want to send your complaints to the city in writing.
A further step might be sending copies of the letters you’ve sent to the city to the local newspapers. With the public eye now on the landlords and the city officials, it is more probable that some action would be taken.
It is also fairly common for pipes to burst when there is no heat at the building. The water in the pipes freezes, and when water freezes it expands, breaking the pipes.
In this situation, you have two issues. The first is your liability for rent. The second is the landlords’ liability for damages.
As long as you have moved out of the apartment, and are unable to continue to live there, it is probably reasonable for you to stop paying rent. The landlord might be responsible for damages you sustain as a result of your having to move from the apartment.
Also, if there is a landlord-tenant ordinance in your municipality, you should consult the ordinance to see if there are additional damages to which you are entitled as a result of the landlords’ failure to provide essential services and your having to move due to uninhabitability of the apartment.
The second issue is the liability for damages to your personal property. Hopefully, you carry renter’s insurance, which should cover the majority of the property damage you sustain in the apartment.
This is a relatively inexpensive insurance policy that covers your personal property within the apartment, and provides some liability coverage in the event someone is injured in your apartment.
It is the equivalent to homeowner’s insurance except it doesn’t insure the real estate.
If you do have such insurance, the easiest way to recover the funds you need for repair or replacement of your property is to make a claim under your policy. Your insurance company would then reimburse you for your loss, and would proceed against the landlords to recover the funds paid to you.
If you do not have renter’s insurance, you will have to demand reimbursement from the landlords and they will probably turn the matter over to their insurance carrier for coverage.
However, if you are unable to obtain satisfaction from their insurance carrier or from the landlords in short order, you will have to sue the landlords for your property damages.
If you have to go this route, even if it costs you more money, you should hire an attorney, because both the pleadings and proofs you will have to establish to collect on your loss are better handled by a professional, who knows how to establish the liability and losses in a court of law.
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Robert A. Boron, a Chicago attorney concentrating in leasing matters, writes about landlord and tenant questions for the Tribune. Questions to him may be sent to Rental Q & A, Sunday Real Estate Section, Chicago Tribune, 435 N. Michigan Avenue, Chicago, IL 60611. Questions may also be sent to him via e-mail at rabltd@aol.com. Sorry, but he cannot make personal replies.
