We moved into this place right at the tail end of winter last year, so we never really encountered this problem, but it’s just starting to get cold and it’s already become a major issue.
The heat in our building keeps shutting off or somehow breaking down. Each time I call the landlord, they immediately send out somebody to fix it, and it’s fixed within hours. However, it’s become a near-daily thing - the heat often goes out in the middle of the night, and we wake up to a freezing apartment. Or it goes out in the middle of the day and we come home to a freezing place, spending the rest of the evening shivering.
I finally called them and told them that they need to execute some sort of permanent fix, because it’s unacceptable for us to keep going through this cycle. This is Chicago - it’s going ot get WAY colder over the next few months! I’m not going to put up with this cycle.
What can we do about this? I’ve considered rallying the other tenants to put our rent money into escrow until they provide a permanent fix to the problem. Is there some city or state agency we can provide them to for “failure to heat” or something like that? What can we do to get their attention and get a solution?
One step would be to keep a log of what’s happening: when the heat was off, what the temperature in your apartment was, phone calls made, when the heat came back on, etc. This will be of use when dealing with the landlord, and perhaps even more valuable if you must call in outside help to get this resolved.
FAILURE TO PROVIDE ESSENTIAL SERVICES (HEAT, RUNNING OR HOT WATER, ELECTRICITY, GAS OR PLUMBING)
{MUN. CODE CH. 5-12-110 (F)}
· If, contrary to the lease, an essential service is not provided, or if the landlord fails to maintain the building in material compliance with the Code to such an extent that such failure constitutes an immediate danger to the health and safety of the tenant, and the tenant or tenant’s family or guests are not responsible for such failure, the tenant may:
Procure substitute service, and upon presenting paid receipts to the landlord, deduct the cost from the rent.
File suit against the landlord and recover damages based on the reduced value of the dwelling unit.
Procure substitute housing and be excused from paying rent for that period. The tenant also may recover from the landlord the cost of substitute housing up to an amount equal to the monthly rent for each month or portion thereof.
Request that the landlord correct the failure within 24 hours and if the landlord fails to do so, withhold from the monthly rent an amount that reasonably reflects the reduced value of the premises. (eff. 1-1-92)
Request that the landlord correct the failure within 72 hours and if the landlord fails to do so, terminate the rental agreement. If the rental agreement is terminated, the tenant must deliver possession within 30 days or the notice of termination is considered withdrawn. (eff. 1-1-92)
Note: Remedies 4) and 5) may not be used If the failure Is due to the utility provider’s failure to provide service. For the purposes of this section only, the notice a tenant provides must be in writing if the landlord has informed the tenant of an address to which notices should be sent. If the landlord does not inform the tenant of an address, the tenant may deliver written notice to the last known address of the landlord or by other reasonable means designed in good faith to provide written notice to the landlord. (eff. 1-1-92)
Absolutely. Always keep records when dealing with any problem.
Most cities have a building code that specifies when heat must be available to tenants and in what amount. Something like from day X until day Y (fall-spring) the heating system must be able to provide a minimum of 68 degrees regardless of outside temperatures.
Armed with your detailed records (or not), just call your local city building inspector. If He/She cannot help you, they’ll certainly know where to send you for help.