No Gas/Hot Water, Broken Fridge, Filthy Unit -- Supposed to Occupy July 1 (Chicago: apartments)

[Bulls91]

I searched threads and found some useful info (including in this thread: //www.city-data.com/forum/chica...-landlord.html), but still would like more info.

I signed a lease (through a leasing/rental company) to rent a brand new, never before lived-in condo unit. Move in July 1. The building owner provided the keys on July 1, but many things in the unit are problematic. There is no gas or hot water. The owner said that my leasing agent should've notified me in advance that we had to set up gas service. (the leasing agent never mentioned this) We called Peoples' Gas, who told us the earliest available appt would be July 13. So, it sounds like there is no chance of hot water before then. If I've understood the Landlord and Tenant Ordinance correctly, landlords are supposed to have hot water as part of the essential services. However since this is a condo unit, does this apply?

Dishwasher and fridge are not working. The owner did come and fix the dishwasher within a couple hours, and eventually said he'd have someone be there in 24-48 hours to service the fridge (which is also brand new, so it's surprising that it is malfunctioning).

Also, the leasing agent said the unit would be cleaned before I moved in (the unit has sat vacant, never lived-in before, for over a year). Well, the windows are filthy, there is dust everywhere, dead bugs in kitchen cabinets, etc. The owner said it's up to us to clean it.

My lease specifies that I have a parking spot in the building's attached garage. However the owner also disputed this today. But it is in writing in the lease.

I think being fed up with his own frustration and anger (the owner is not friendly at all), he told me that he would give me my money back if we don't want the unit. I'm strongly considering it at this point, but I paid the first month's rent through the leasing company, and I'm waiting to hear back from them about possibility of being refunded before I make any decision.

This is all very disappointing since if we actually had hot water, a working fridge, and a clean unit, it would be a great place to live. But I don't know if I want to deal with this owner anymore. But maybe I wouldn't have to after all this initial crap gets taken care of.

Fortunately I have another place to live for the meantime, so the lack of hot water doesn't put me out on the street (but it does make the unit itself rather unliveable).

Any advice appreciated. Thanks!

[Avengerfire]

Originally Posted by Bulls91

...The owner said that my leasing agent should've notified me in advance that we had to set up gas service. (the leasing agent never mentioned this) We called Peoples' Gas, who told us the earliest available appt would be July 13. So, it sounds like there is no chance of hot water before then. If I've understood the Landlord and Tenant Ordinance correctly, landlords are supposed to have hot water as part of the essential services...

Not if it says in the lease that it is the Lesee's responsibilty to provide hot water. If it does, you are SOL on that issue at least.

[Bulls91]

Originally Posted by Avengerfire

Not if it says in the lease that it is the Lesee's responsibilty to provide hot water. If it does, you are SOL on that issue at least.

Lease says:

"HEAT AND HOT WATER: The Landlord agrees, if the Building is designed for the purpose, to furnish such heat and hot water in sufficient quantities as may be required by law or ordinance during the term of this lease. If the Premises contains separate heating and/or hot water fixtures, then Landlord's sole obligation shall be to provide Tenant said fixtures in good operating condition at the inception of the occupancy, and Tenant shall be responsible for the utility costs for operation thereof."

Maybe that means I'm SOL. Yes? However, the fact that I'd have to arrange for gas service ahead of time was never explained to me, which is quite annoying.

Lease also has:

"CONDITION OF PREMISES: Tenant's taking possession of the Premises shall be conclusive evidence of Tenant's receipt of the Premises in good condition except as otherwise specified, in writing, in the lease. The tenant agrees that no representations as to condition or repair have been made by the Landlord or his agent, nor any promise to decorate, alter, repair, or improve the Premises unless expressly written in this lease."

^^^ This seems rather contradictory. The dust, dead bugs, filthy smudged windows do not constitute "good condition" to me. But then it goes on to say they "make no representations as to condition". So it's supposed to be "good", but then...?

I have yet to "take possession of the Premises" since I've been busy working and haven't had time to move anything in. But finding all these problems the last 2 days has me wondering if I should just end this now.

Thanks all.

[Avengerfire]

^ You do have great and solid reasons to terminate the lease and get your money back. I would try to find a tenants rights group that can help you. ^

Originally Posted by Bulls91

"If the Premises contains separate heating and/or hot water fixtures, then Landlord's sole obligation shall be to provide Tenant said fixtures in good operating condition at the inception of the occupancy, and Tenant shall be responsible for the utility costs for operation thereof."

And yes this means you are SOL on the hot water and gas issue at least.

Make sure you take pics of the condition of the place with your time and date stamp on. This can be used in court. It will help you greatly.

If anything-(if you have the money) you can hire someone to clean the place (get a receipt) and take it off of your rent due.

If the lease does not list anything about the appliances the landlord might have an upper hand on that. If the lease does not say the landlord agress to providing a refridgerator or dishwasher (and in working order) they may have an out on that issue.

What does it say about the parking space?

[Bulls91]

Avengerfire, I appreciate the input.

I did call the number listed on Chicago Tenant Rights - Tenant Right but was only able to leave a voice mail. The owner did say (in a an angry huff) that he'd give my money back if I didn't want the unit (he only has the security deposit though -- the leasing company got the first month's rent, and I'm still waiting to hear back from them).

We did take pics.

I would LOVE to hire someone to clean, but I expect the owner would freak out and possibly try to take me to court / terminate my lease if I tried to subtract that cost from next month's rent. He said it's up to us to clean it. He almost had a heart attack as he was looking at the non-working fridge, as if I had broken it. The lease doesn't say anything about them providing working appliances, so maybe legally if they really wanted to be a**holes, they could try to get me to pay for the repair. But I don't think it has come to that yet.

About the parking space, the front page of the lease lists:

"Apt No: xxx and P-xx" (i.e. the unit number and the parking space number)

On another page titled "Attachment to Chicago Apartment Lease Dated June xx, 2010 between A and B...", it says:

"The monthly rent includes the use of parking space P-xx in the garage at [building address]. The landlord may change the parking space designation to another location in the garage at [building address] at any time by giving notice to the Tenant. Upon written notice to the Tenant, Tenant shall thereafter park his automobile in the new location designated by Landlord."

Further down it also says:

"In no event shall Tenant lease or sub-lease any portion of the Premises, including without limitation, the parking space, without the prior written consent of the Landlord."

So it is plain as day that I have a parking space. But in the space currently are lawnmowers, ladders, and other equipment.

[Avengerfire]

^ The landlord seems like a lazy scamming slouch. If you can get out of the lease do it. Try to see if you can stay in your current place until you get things sorted out. Try to get ahold of more than one tenants rights groups on Monday. ^

[trickygal]

Seriously, GET OUT OF THIS LEASE! If you paid the leasing company using a credit card just dispute the charges. Otherwise, stop payment on the landlord's check and the leasing company check. It is only going to get worse from here.

Also, did you check if this unit is in foreclosure? Based on the info you gave me, I would almost bet money it is.

Here is how you do it: go here and get the pin by searching by address Cook County Assessor's Office - Property Search

then use this pin to search by pin on this site http://www.ccrd.info/CCRD/il031/index.jsp

If there is an entry that says lis pendens it is in foreclosure.

Alos, call 311 in the city of Chicago. They have a TON of information on what to do in a situation like this. Btw, if you get a UMM non helpful operator just call back and get another.

Good luck and let us know what happens!