Q. I live in a 16-unit apartment building in Chicago. There are 16 parking spaces behind the building, and each tenant can pay additional rent for a parking space. While there is a sign posted on the building that unauthorized parkers’ cars will be towed, the landlord has not enforced that rule.
In fact, there are a couple of tenants who have started to park in others’ spaces, and in some cases, they have parked two cars in the lot. In some situations, tenants have parked their cars in such a way that they have blocked other parked cars, which then could not be driven out of the lot. Other tenants have parked in front of fences and gates, so that the janitor couldn’t open the gate to remove garbage from the building.
The result has been that 20 cars are generally parking in a 16-space parking lot.
While I have complained to the landlord, he hasn’t done anything to solve this problem. I need to know what I can do?
A. Your options may be limited as against the landlord, because the landlord is not responsible for the acts of his tenants as they pertain to a violation of your rights. However, there are some options available.
Your landlord owes you the duty of quiet enjoyment of your rented apartment and facilities. Technically, if someone is making a claim on your parking space, the landlord may have violated that right, and you may be entitled to damages. The problem is that rather than someone claiming a right to your space, they are simply parking there, and the fluid situation makes this much harder to enforce. Someone may park in your space today and be gone tomorrow. There is also the financial cost of proceeding in that manner.
One option may be to call the city’s Department of Inspectional Services and the fire department. By allowing more than the permitted number of cars to park in the lot, the landlord may be violating building and zoning ordinances, for which he can be cited. Also, if cars are parked in such a manner as to block exits from the property, or access of emergency vehicles if needed, the owner might be cited for these fire code violations.
It is the owner’s parking lot. So, even though he is not involved in the unpermitted parking, he is responsible for violations of city ordinances occurring within those lots.
If you decide to call the city, send the landlord a letter informing him that you are contacting the city about the parking problems. That is because the City of Chicago Residential Landlord and Tenant Ordinance protects you from landlord retaliation if you have contacted the city about possible code violations. However, in order to claim retaliation, you would have to be able to prove that the landlord knew you were the tenant who called the city. Without that knowledge, it would be difficult to prove that retaliation. Make sure you keep a copy of the letter you send, in case it is needed later.
Q. My wife and I are buying a townhouse, which we intend to rent. Where can we get information, forms and whatever else we need to rent the townhouse.
A. Finding the right place to get the education you need can be difficult. Many community colleges offer property management courses, and you might also contact the Chicago Association of Realtors for some direction in finding those courses. Forms are available in stationery stores, but you should carefully review each form you intend to use. You might also want to spend an hour or so with an attorney, who can provide you with some tips on getting started, can tell you the documentation that must be kept, and can provide you with some direction in the property management areas.
Your first stop should be the developer or association controlling the townhouse project. That association, if there is one, may have rules governing renting of town homes. Be sure that you are allowed to rent the town home before you start on the process.
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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, Real Estate section, Chicago Tribune, 435 N. Michigan Ave., 4th floor, Chicago, IL 60611. He also can be reached by e-mail at realestate@tribune.com. Sorry, but he cannot make personal replies.
