Under Chicago's Residential Landlord Tenant Ordinance, depending on the size and type of building, your apartment may be covered and your tenancy subject to some important (and beneficial) rules. Your landlord is obligated to repair the apartment and keep it in good shape. In order to "maintain" the place, your landlord is obligated to keep the bathroom sink, shower/bath and toilet in good working order. You may have to clean it, but their job is to make sure it works! The landlord must provide heat through a furnace, boiler or other heating method, and keep the walls, ceilings and floors in good order. They must maintain the heating, ventilation, air conditioning (if any) and electrical systems. They should take care of the appliances and maintain the building as a whole. No, they don't have to clean your apartment! They should take care of common areas such as basements, hallways, porches/decks, and to prevent rodents or insect infestation. You, as the tenant, have some responsibility on the rodent/bug front, but that is just not to add to the problem, cause any infestations, or to fail to report them.
What if your landlord doesn't do any of these? Well, you have some work to do. First, you should document your situation. Take pictures, make a video, write a letter or an email. Notify your landlord! You should be able to "document" the situation, so that you can prove (as in, prove in court) that you did so. If you mail a letter, send it certified, so you can prove they received it. Once you notify your landlord, your lease and the Chicago Landlord Tenant Ordinance (if it applies to you), will govern how much time the landlord has to make the repair. It's usually 14 days. Then, if they STILL don't do anything, then you may be able to make the repair yourself, and deduct that amount from the rent. The key word is "may", and you must prove the expenditure. If the plumber cost $75, you can't deduct more than that. No cheating! If it's a common area, you should get the permission in writing from all of the other tenants. Yes, all of them!
What if you want to go to court, or you are sued by your landlord? Well, you should consult with an attorney, to determine your legal rights. If you don't have heat or water, or any other essential service, then you should notify your lawyer, your landlord, and the city in which you live. Your landlord CANNOT evict you for reporting them, and if they try, you may have a case for retaliation. Again, if you think you have a situation, contact an attorney you trust to review it for you.
All in all, while your landlord should maintain the building, you still have to pay your rent. When you moved in, you did an inspection, right? If so, then document what is damaged or not working so the landlord knows. If the problem arises after you move in, then again, document it! You have rights, but it is very hard to enforce them if you do nothing, or if you just stop paying rent. One thing is for sure - your obligation to pay rent does not stop just because the water is off or the heat doesn't work! You may ultimately be able to pay less, but you can't stop paying. If you have a problem, get the help and information you need.
For additional information on this or other topics, feel free to contact me at: alisalevin@yahoo.com, or by calling (312) 720-0082.
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