No Lease/Lots of Problems in Illinois

[Wolfgang47]

What is the name of your state? We live in Chicago, Illinois.
These questions pertain to my girlfriend and fiance'. First of all, they have no lease with their landlord. They have given him a list of requests for repairs. Major problem? Roaches! After repeated calls by my friend, landlord continues to make excuses about contacting an exterminator, he is giving them bombs to put in place and has given them chemicals that he claims will kill the roaches. The problem continues and now they are at the end of their rope.

Can they withhold Rent? Rent is currently $600 a month
Since there is no lease, what can they do?
What does the landlord have to lose by not supplying a lease?


Thanks for any advice you can give.

 

[FarmerJ]

even month to month renters should be able to live in a unit that is reasonably free of pest . Call your citys housing inspections unit .

 

[Wolfgang47]

Thanks FarmerJ for your help.

 

[JETX]

Q1) "Can they withhold Rent?"
A1) Maybe. If the tenants can prove that the property is untenantable:
"554.201 Untenantable building; surrender, liability of lessee for rent. [M.S.A. 26.1121]
Sec. 1. When any leased or rented building is destroyed, or is so injured by the elements, or in any other way, as to be untenantable or unfit for occupancy, and no express agreement to the contrary has been made in writing, the lessee or occupant may, if the destruction or injury occurred without his fault or neglect, quit and surrender possession of the building, and of the land so injured, destroyed, or rendered untenantable or unfit for occupancy; and such lessee or occupant shall not be liable to pay to the lessor or owner rent for the time subsequent to the surrender."

Q2) "Rent is currently $600 a month Since there is no lease, what can they do?"
A2) They can give the landlord a 30 day notice of intent to vacate. Then, within 4 days of vacating the property, make sure that they give a forwarding address in writing (certified RRR). Finally, make sure that the landlord complies with the Michigan Code about inspection, inventory checklists and deposit refunds.
See: http://www.michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-Act-348-of-1972&highlight=

Q3) "What does the landlord have to lose by not supplying a lease?"
A3) The only risk to the landlord is that the tenant can move out on 30 day notice and he/she would have to go through the process of finding another tenant. Benefits are: Can raise rent on 30 day notice, can terminate tenancy on 30 day notice.

 

[miaguy]

Call City Inspectors

I used to live in Chicago. I had a problem with my Landlord as well. I called the city inspectors, I don't remember the number, look it up. Once you call them, they will come out in about a week or two. Make sure you get a conformation number and the name of the person who answered the phone. You may have to do follow up.

 

[Paul Bernstein]

Sorry for the tardy reply.

You live in Chicago. But, we need to know:

1. How many units in your building?
2. Does the landlord live in your building?

If your building or complex consists of seven units or more, then you are covered by the Chicago Residential Landlord and Tenant Ordinance ("RLTO"). And, if your buidling is six units or less AND if the landlord does NOT live in the building, then you are also covered by the RLTO.

Under the RLTO, the landlord has a specific duty and responsibility (if the building is covered) to provide an insect/roach free environment.....and if the landlord does NOT do so, you have remedies, such as repair and deduct or paying reduced rent....but to do so, one must TOTALLY AND STRICTLY comply with the modest requirements of Section 110 of the RLTO. AGAIN, this applies IF the building in whiich you live is either seven units or more, OR, if six units or less as long as the building is NOT owner-occupied.

Further, the City of Chicago Building Code demands that the landlord keep the building in good condition and repair, and complaining to the City of Chicago Building Department would be appropriate. In such a case, even if you contact the City via telephone call, you SHOULD/MUST, that very day, confirm your conversation and complaint via a letter to the City of Chicago Building Department and an indicated copy of that letter should be sent and/or delivered to your landlord ..... and of course, keep copies of the letter. The purpose of notification to your landlord is to CONFIRM and put your landlord on actual notice that you have made such a complaint to the City of Chicago.

As to how to notify the landlord, I suggest that you go to the post office and get a "Certificate of Mailing" and use that method to send the landlord's copy to the landlord.....this is NOT certified mail, return receipt requested - which would be the BEST method of notifying your landlord in writing of the problem....I find that many landlords will just NOT accept or pick up certified mail, return receipt requested. The Certificate of Mailing confirms, via the U.S. Post office, that on a given day you sent a letter to a given person....to be sure, the post office does not know what was in the envelope.

If you want to be double-cautious, send both certified mail RRR, and another copy voa certificate of mailing.

You can bet that when the landlord gets such a formal demand to correct the roach problem and/or (if you are covered by the RLTO), that you intend to reduce your rent if after notice the landlord does not correct the problem) and particularly with a month to month tenancy, that the landlord will probably start an eviction proceeding in court. So, think about your options carefully.

If you ARE covered by the RLTO, get a copy in City Hall...they are free....and read about your rights. One of the very good things about the RLTO is that if the landlord acts badly, or does not do repairs and especially if the landlord RETALIATES -- tries to evict you....after you have made a proper demand for repairs, then if you hire a lawyer and win your counter-claim for retaliatory eviction, the legal fees of the tenant are to be paid by the landlord!

Get to know your rights, you may want to contact a tenant's rights organization like the Metropolitan Tenants Organization in Chicago, and/or consult with an attorney of your choice...in any event, you do have rights and the power to cause positive change.