Legal Question in Landlord & Tenant Law in Illinois
Hi, I rented an apartment in Chicago for 3 months, June through August, even though I would only be in Chicago for 2 months. The realtor said that the building had a policy that it only allowed leases of 3 months or more, but I could request a refund. I paid for the three months upfront. He said I was responsible for the electricity bill, which he would give to me at the end.
When I moved in, I realized the dishwasher wasn't working, so I told the landlord, he came and replaced it in July (he installed it himself). Later in July I realized there was water under the floor, so I immediately told him. I went on vacation from the 17th to the 19th and he said he fixed the problem while I was gone.
I was only staying for 2 months, so I asked the landlord for a refund on the last month. He said no, which was fine. I was not present in the apartment for the last month (I attend medical school in WV). I left the apartment at the beginning of August (even though I paid through the beginning of September). The realtor showed the apartment the entire time I was gone, I knew this because she would email me that she was doing so (even though I wasn't in the state). I came back to the apartment at the end of my lease to clean up. I scrubbed everything, I vacuumed everything. I noticed that there was water from the floor in the kitchen and a little bit outside of it. I had contacted the landlord about the electricity bill (saying that I wanted copies of the bills), and he hadn't gotten back to me. I left him a message saying that the apartment was clean and his keys were at the front desk, but I didn't mention the water (because I thought he knew since the realtor was in there so often and because he visited the apartment to pick up his mail). He came the day after I left and wrote me a scathing email about how the apartment was so dirty (it really was not) and how I didn't tell him about the leaking water (the soonest I would have been able to tell him is the day before he saw it for himself).
1. Can I be held liable for the water damage? Can he say it was negligence on my part even though I wasn't there, but other people (realtor) was?
He also said I owed $87 for 2 months of electricity, and I might as well pay another $40 for the last month. This was a studio apartment, I wasn't even there the last month. This bill is really high so I requested copies of the bills again.
2. Is it wrong for me to refuse to pay the bill without copies of the bills?
1 Answer from Attorneys
I recommend you contact a lawyer who specializes in landlord tenant and realty matters. It seems that if you caused the water damage, meaning you personally did something to cause it, you might be responsible. However, it sounds like this may not be your fault. Also, your lease is most important if you signed one too. A good lawyer would want to review that too. But a lawyer's letter may get him off your back sooner than later. As for the realtor showing the place, are you saying that he caused the water damage or his potential clients/walk throughs did somehow? Then he should cover it or the landlord or his home insurance, if he has any and if the damage is so substantial that they would even bother to pay it. Anyway, as to your next question, normally it is the law that a landlord MUST show you bills of anything he wants you to cover too. Is the bill in your name? If not, how are you responsible for someone else's bill or someone else's electric use too? Again, have him substantiate it and also call a good tenants' rights lawyer to see if he in fact may be violating your rights too, like in not returning a deposit, etc.
There are laws and ordinances which govern certain landlords in Chicago and in IL. He may be bound by such laws too. You normally have a right of copies of bills and you have a right to pay only for your use of utilities too. Does he owe you the last month rent? What kind of deal did you have? Questions to answer with your IL landlord tenant lawyer. Best of luck. Attorney Alex
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