Legal Question in Real Estate Law in Illinois
I hope you can help me, and I'd like to thank you in advance for taking the time to read this and for your help.
It is now 2011. I signed a 1-year lease from 2002-2003 for a 2 bedroom apartment for $775 and that was the last time I ever received another lease. When I had signed in 2002, my landlord told me he does not raise the rent and that he pays for the heat. This changed about 2007 when he put separate boilers in for everyone, and he raised the rent $50 in 2011.
When I signed the lease, there was a used air conditioner, used stove, and used refrigerator in the apartment. The 2002 lease stated that I was responsible for the repair and maintenance of all of these items.
In 2007, my oven stopped working (however, my stove still works), and I told the landlord about it, but he never fixed it or said why. Now in late July of this year, my air condition broke just when it started to be 95-100 degrees outside (which made my apartment inside 98 degrees). The compressor is locked, so I need to buy a brand new air conditioner instead of just being able to repair it. I told the landlord, and he said I was responsible for it.
The landlord probably will tell me that I've been getting a good price all these years for my apartment, which is why he feels justified in my having to pay for this, plus that it was in the lease.
I have 6 questions:
1) If I did not sign any other lease since 2002, am I still bound by the 2002 lease?
2) Since these appliances were in the apartment when I moved in and were used, why am I responsible for their repair?
3) If I were to move, I would not be taking any of these appliances with me, so why is it my responsibility to repair the landlord's property? (By the way, in 2003, the floors were making a lot of noise for the tenant below me and I wanted to get carpeting - my landlord said I would have to pay for � of the carpeting and he would pay for the other �. If I wouldn't take the carpet with me if I moved, does it seem legal that I had to pay for putting in new carpeting?)
4) Don't I pay rent for the use of an apartment in working condition, and if it is not in working condition, why should I pay rent and repair too?
5) If I gave 30 days notice, and the air conditioner and oven are still not working, am I still bound to have to repair whatever is not working even though I wouldn't live there any longer?
6) Since the lease also says that if I were to move, that the apartment is supposed to be left in the same condition as when I moved in, being that this is 10 years later already, does that seem legal that I should be responsible for repair on appliances that are more than 10 years old?
Thank you very much.
1 Answer from Attorneys
1) If I did not sign any other lease since 2002, am I still bound by the 2002 lease?
If no lease is signed and the tenant agree - by actions - continuing - then the terms of that lease continue in effect until terminated.
2) Since these appliances were in the apartment when I moved in and were used, why am I responsible for their repair?
I would agree with you, but to fight it will cost more than fixing the appliances, sadly.
3) If I were to move, I would not be taking any of these appliances with me, so why is it my responsibility to repair the landlord's property? (By the way, in 2003, the floors were making a lot of noise for the tenant below me and I wanted to get carpeting - my landlord said I would have to pay for � of the carpeting and he would pay for the other �. If I wouldn't take the carpet with me if I moved, does it seem legal that I had to pay for putting in new carpeting?)
He's got you over a barrel.
The carpet was added after you started renting the apt. You should have simply refused and moved out when at the end of the lease period.
4) Don't I pay rent for the use of an apartment in working condition, and if it is not in working condition, why should I pay rent and repair too?
Normally, running expenses are what the landlord should pay and extraordinary expenses, like the carpet, are not usually his problem. This is a constant wrangle between renters and landlords.
5) If I gave 30 days notice, and the air conditioner and oven are still not working, am I still bound to have to repair whatever is not working even though I wouldn't live there any longer?
He would probably to to make you pay. Move out, refuse to pay and make him take you to court.
6) Since the lease also says that if I were to move, that the apartment is supposed to be left in the same condition as when I moved in, being that this is 10 years later already, does that seem legal that I should be responsible for repair on appliances that are more than 10 years old?
Does it seem legal? yes Does it seem right? no Like i said, refuse to pay and then tell it to the judge. I bet he will not actually take you to court because of the expense. The problem is that the process of working up to court could take a long time and you would be constantly bugged by him. A whole lot of people win through intimidating others. If you are willing to stick it out, you have a chance of costing him more than its worth. Your credit rating would probably suffer in the meantime.
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