I’ve got a tricky situation. We shortsold our condo last year, but happened to sell it to a realtor, who is letting us rent from her. Which is great, but here’s the problem - she never did an inspection. There is a list of imperfections to this place, and our lease is ending in six months - can i be sure i don’t have to pay for the crack in the window, broken cable outlet, etc. that she didn’t notice when she bought the place? I’m looking on Chicago Renter’s Rights Ordinance, but I’m not finding anything pertaining to this.
Welcome to the Straight Dope Message Boards, cllaud, we’re glad to have you with us.
You posted this in the forum devoted to comments/questions about Cecil’s columns. Since it doesn’t really pertain to one of Cecil’s columns but to Chicago rental laws, I’m moving it to a forum where I hope you’ll get more attention.
There are two separate transactions to consider as well as her ability to prove it all with good evidence:
- The sale:
a. Did you know about the defect at the time of sale?
b. Did you fail to disclose the known defect at the time of sale?
If you answered YES to both, then she could try to make a claim against you in her capacity as a buyer.
- The lease:
a. Is the defect something beyond normal wear & tear?
b. Did you cause the defect in your capacity as tenant (i.e., after signing the lease)?
If you answered YES to both, then she could try to make a claim against you in her capacity as landlord.
The foregoing is based upon general principles in California. The laws in your area may differ. You need to contact an attorney licensed in your area if you want to know how your laws apply to your case.
Also, if you damaged the property after the sale she may try to bring a property damage claim against you in her capacity as owner, regardless of the tenancy.