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@JONOV, what do you mean by "to get a notice to vacate"? They cannot just evict me just because they want to. It's illegal, right?
People throw around the term "evict" too loosely. If you get a letter from your landlord telling you that your lease won't be renewed, or that you broke the lease and he wants you out in 30 days, or that since its a month to month lease he wants the unit back, he isn't evicting you.
They can't terminate a lease for no good reason, but they can choose not to renew the lease. If you are on a month-to-month lease, unless you're in a few specific areas like the Bay Area, they can give you 30 or 60 (or 15 in some places) day's notice to vacate, and they don't need a reason. That isn't an eviction. That's them ending their contractual relationship with you.
Eviction happens after they give you notice, and you overstay and refuse to leave, and they have to go through the courts to get you out.
I agree with everyone else that the items you listed are only inconveniences, and I doubt any state would let you withhold rent for them.
But I wanted to mention that not all states even allow withholding on habitability issues, not even if you escrow at the courts. So you definitely would not want to ever withhold without talking to your local courts about the correct procedure, under any circumstances.
For example, in my state, the only legal withholding by tenants is for smoke detectors. They can replace defective or missing ones themselves and withhold that from rent. That's it. Any other withholding has the potential to get you evicted. I'm guessing though, since you are in a building with elevators, that you are in a larger city, and MOST larger cities have a escrow system with the courts.
OP's post was originally in Chicago IL section and was moved to the Renting forum.
fire extinguisher and elevator issues go beyond "inconvenience" - those are safety issues and legitimate concerns.
If landlord gave OP notice to vacate because s/he filed a complaint (whether justified or not) that would be retaliatory eviction, which is illegal and carries serious penalties.
I'm on a year lease so I have time till my renewal comes along. So, I don't afraid of being evicted since a complaint is not a legal reason to evict me. I just want justice. And I don't give up very easily. I just want to know my rights before I'm going to take this to the next level.
Regarding the laundry machines - I pay my rent that includes the building amenities. If they are out of order the management should fix it. The mold on the laundry machines, dust in the elevator or stink in the building are part of the building engineer duties. He should hire people to clean it. Don't you agree? It's not my duty to clean it. Why the hell am I paying the rent then?
Regarding the parking lot - I'm paying for it so it should be in good condition. Don't you agree with that too?
I'm on a year lease so I have time till my renewal comes along. So, I don't afraid of being evicted since a complaint is not a legal reason to evict me. I just want justice. And I don't give up very easily. I just want to know my rights before I'm going to take this to the next level.
Regarding the laundry machines - I pay my rent that includes the building amenities. If they are out of order the management should fix it. The mold on the laundry machines, dust in the elevator or stink in the building are part of the building engineer duties. He should hire people to clean it. Don't you agree? It's not my duty to clean it. Why the hell am I paying the rent then?
Regarding the parking lot - I'm paying for it so it should be in good condition. Don't you agree with that too?
Calm down. Stop getting so huffy.
Whether or not we agree and whether or not you don't give up easily is irrelevant.
You've already been advised to contact the county clerk of courts office. Have you done that? Have you spoken to an attorney about your rights? (no charge for initial consultation) Have you even complained in writing to the landlord? Suggest you do those things.
Your lease agreement details your rights, and the owners - so no one here could advise you. It's lopsided, they usually are, but you signed it. As others have said, most/all of your complaints fall under annoyances, not habitability issues.
Just to be entirely correct, it is the combination of both your lease contract plus the landlord-tenant laws and regulations that govern your locale.
Quote:
Originally Posted by theateist
I'm on a year lease so I have time till my renewal comes along. So, I don't afraid of being evicted since a complaint is not a legal reason to evict me.
Not paying your rent is an adequate legal reason to evict you.
What I'm seeing is that you moved into a place with dust in the elevator, stink in the building, and mold on the machines with a notice that only 3 machines could be used at the same time. I doubt that the parking lot was perfect when you signed the lease and has fallen into a disreputable state in the last couple of months.
You saw what it was before you moved in. But once you are in, you expect things to be changed to suit yourself. I think it is very likely that this is a lower rent place. If you want everything sparkling clean and just like brand new, I suggest that you move out and plan on paying substantially more rent for your next apartment.
What I'm seeing is that you moved into a place with dust in the elevator, stink in the building, and mold on the machines with a notice that only 3 machines could be used at the same time. I doubt that the parking lot was perfect when you signed the lease and has fallen into a disreputable state in the last couple of months.
Man who move into dive find same man moving out of same dive some future day.
It's like buying a used car and then expecting it will get more shiny each day after.
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