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Hermes

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*UPDATE* Grrrr..Lazy Landlord
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Update 11/8/05 - So my landlord did end up responding to me request to have our leaking windows repaired and told me that the maintenance supervisor at the bldg. was going to meet w/a tuck pointer because they believed that the problem was they needed to tuckpoint.  So that was last Thursday.  I just got an email from my landlord saying the windows were fixed.  I asked if that means they tuckpointed, and she said no - they cauked (sp?) our windows again.  I replied back saying that's what the did 6 mos ago and it didn't fix the problem.  She told me that they re-cauked and we'll just have to see what happens, and if it leaks again to tell her.  Are you kidding me I find this unacceptable - they keep half assing repairs.  Is there anything I can do?


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So here's my situation w/the apartment my BF and I live in.  We've lived here for the past year and a half and last October one day when it was raining, all of a sudden, water started leaking in our apartment windows.  The worst place was in the bedroom.  Now we have very deep windows sisles, so we keep stuff on them.  I called our landlord about the problem, and they said they'd come take a look.  They tried to blame in on the rain gutters outside above us and said they cleaned them out.  Well guess what?  Next time it rained, same thing happened.  So then they told us they had to hire someone to come out and tuckpoint and calk our windows outside.  Well time passed and then they finally told me that hiring a tuckpointer was too expensive, so they just caulked outside.  This seemed to prevent the problem for a while, and then it happened again a few mos. ago.  I told my landlord about it and she told me she'd gt back to me, but there may not be anything they can do!  Now last night it was pouring here and I woke up at 4am to find a pool of water on our bedroom window sisle.  Our alarm clock is ruined.  I just wrote my landlord an angry email asking why this hasn't been fixed, etc and told her about the damage.  I'm so angry.


What I want to know is, what are my rights?  I know her telling me there's nothing they can do is not an acceptable answer.  I don't have to live w/this right? 



-- Edited by shopchicago33 at 14:29, 2005-11-08

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Hermes

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RE: Grrrr..Lazy Landlord
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no, you shouldn't have to live with that.  I found this (didn't read the whole thing) http://www.lcbh.org/images/resourceenglish.pdf and there is probably something in there about putting your rent into escrow until the leaking is fixed.  Also refer to your lease in regard to the landlord's maintenance responsibility, and what they deem as a reasonable amount of time to fix a problem.  After you have read that stuff, you are welcome to ask me any questions (I was a property manager in a former life ) or contact this "LCBH" that published the resource guide I posted.

-- Edited by detroit at 13:09, 2005-10-25

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Dooney & Bourke

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I would write a letter to your landlord stating that that you have spoken about this before - mention details, dates, etc...Tell her if it's not fixed by such and such date that you will have someone take care of the problem and deduct the cost from your next rent payment - and send it to her certified mail.


I rent out a few apartments...if one of my tenants calls me with a problem I make sure someone is there to fix it immediately - IMO it's not acceptable to take that long to fix a leak.


Oh and if you have a camera - take pictures for your records.



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Hermes

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Thanks Detroit!  They actually attached a copy of what you posted to our lease.  So it says in there that I should put in writing my compliant and give them 14 days to fix it.  If they don't fix the windows, then I can start w/holding rent or terminate my lease.  So does an email count, or should I send them a certified letter if her response to my email is that they can't fix them?


There's even a clause under Lessor's responsibilites that says they must keep windows in good condition!



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Hermes

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shopchicago33 wrote:

Thanks Detroit!  They actually attached a copy of what you posted to our lease.  So it says in there that I should put in writing my compliant and give them 14 days to fix it.  If they don't fix the windows, then I can start w/holding rent or terminate my lease.  So does an email count, or should I send them a certified letter if her response to my email is that they can't fix them? There's even a clause under Lessor's responsibilites that says they must keep windows in good condition!

yes - I went back and read through it and saw that in there. I would think that one of your earlier e-mails would count (did it say anything about disclosing your intention to place rent in escrow? if it did, I didn't see it in my skimming).  It also says that you can pay the marketable value of the apartment in it's current condition and place the remaining amount of rent in escrow (I think that's what I read) hopefully it tells you how to determine that... I would try calling LCBH to see if you can get some free phone counseling to make sure you are doing it within Illinois law (maybe they can help you determine the marketable rent amount, unless there's a formula in that document that I didn't see).


Michigan will allow you to put your entire rent into escrow, and accroding to what Jen mentioned, it sounds like NY will let you do that too.  Doesn't seem to be the case in IL, though - it needs to be this marketable value amount.



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Hermes

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detroit wrote:

shopchicago33 wrote: Thanks Detroit!  They actually attached a copy of what you posted to our lease.  So it says in there that I should put in writing my compliant and give them 14 days to fix it.  If they don't fix the windows, then I can start w/holding rent or terminate my lease.  So does an email count, or should I send them a certified letter if her response to my email is that they can't fix them? There's even a clause under Lessor's responsibilites that says they must keep windows in good condition! yes - I went back and read through it and saw that in there. I would think that one of your earlier e-mails would count (did it say anything about disclosing your intention to place rent in escrow? if it did, I didn't see it in my skimming).  It also says that you can pay the marketable value of the apartment in it's current condition and place the remaining amount of rent in escrow (I think that's what I read) hopefully it tells you how to determine that... I would try calling LCBH to see if you can get some free phone counseling to make sure you are doing it within Illinois law (maybe they can help you determine the marketable rent amount, unless there's a formula in that document that I didn't see). Michigan will allow you to put your entire rent into escrow, and accroding to what Jen mentioned, it sounds like NY will let you do that too.  Doesn't seem to be the case in IL, though - it needs to be this marketable value amount.

I've actually been in contact w/LCBH in the past about this, but never followed through.  After my property manager responds to my email, if I'm unhappy w/her response, I'll contact them again.  They were very helpful before, so I know I can work w/them to figure out what can be done.


Thanks for your help Detroit, I'll keep you updated. 



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Hermes

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RE: *UPDATE* Grrrr..Lazy Landlord
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See update above

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