tenants rights training pb rev 1 march 2007

8/14/2019 Tenants Rights Training PB Rev 1 March 2007

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Tenants Rights TrainingMetropolitan Tenants

OrganizationPresented by Paul Bernstein,

Esq.


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Goals:

Overview of Chicagos RLTOLearn basics on advising tenants about theirrightsProvide you with referrals to give to tenants

Tenants PerspectiveLead you to resources on the Internet


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Who is covered by the

RLTO ?

All tenants (including sec. 8 & HUD) with thefollowing exceptions:Owner occupied buildings of 6 units or lessHotels, motels, SROs, etc. Where tenantsrent on less than a monthly basis if less than

32 days.Hospitals, university dorms and otherinstitutionsCondos and coops (unless rented) CAREFUL!


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Repair Problems

Repairs for which landlord isresponsible:

o Maintaining building up to thestandards set forth in Chicagosbuilding code.

o Normal wear and tearo Repairs or upgrades promised in lease.

(Must be written in the lease!)

B. Repairs tenant is responsible for:o Correct any damage caused by tenant

or guests.


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What if landlord fails tomake repairs?

Repair and Deduct

a. Write letter and keep copy (send tolandlord or manager)b. Wait 14 days after receipt bylandlord. DISCUSS!c. Hire professional repairperson orpurchase componentsd. Pay remainder of rent after deducting

costs and give landlord copy of receiptsand kee the ori inal.


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f. Pay remainder of rent after deducting

costs and give landlord copy of receiptsand keep the original.

g. Keep copy of all receipts.

h. How do you count the 14-days?* Omit date of service/delivery.* Weekends and weekdays.* Last day must be in the SAME monthas the notice, or else.


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More Options

Lawsuit to recover diminished value of unit

Encourage tenants to call MTO Hotline(773) 292-4988

Organize Get Lawyer/law student in EARLY ON

and WHY!

**Tenants not covered by TBR**Encoura e all tenants not covered b


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Heat and EssentialServices

A. Basics1. Includes lack of heat, insufficient heat, an

type of utility shutoff, major plumbingproblems or any immediate danger (no lockon doors).2. Find out if the tenant is in danger

a. Call Dept. of Human Services (800) 654-8595

(list of shelters and warming centers)

b. Call Alderman Call the City of


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B. Tenant Options

1. Tenants can purchase a space heater anddeduct its cost from the rent.

Warn tenants about dangers of usingstoves as a source of heat!2. If landlord has not paid the bill, the tenantcan pay the bill and deduct it from the rent.3. The tenant can reduce the rent by writing

the landlord a 24-hour letter to demand thesituation be remedied. Remember keep acopy of the letter!


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Leases and Other RentalAgreements

Type 1: Oral Leases and/or Month-to-Month Agreements1. Oral agreements are consideredmonth-to-month.2. Rental conditions can change if landlord gives

a. 30 day written notice to increaserent

b. 30 day written notice to terminatetenancy

3. Landlord must:


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c. Supply tenant with lead disclosureform

d. Supply list of building codeviolations for past 12 months4. Tenant must give 30 day notice toterminate tenancy

* 30 day notice must coincide with rental

period. (ie. If tenant pays rent on thefirst of the month, notice must be given30 days prior to 1 st . The landlordcannot terminate the rental agreement

in the middle of a rental period.)


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Type 2: Written Leases

(typically 1 year in duration)1. Both parties bound for period of lease.2. Landlords must:

a. Supply tenant with summary of Chicago Ordinance

b. Supply owners address and phonenumber

c. Supply tenant with lead disclosureform

d. Supply list of building codeviolations for past 12 months.


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Can tenants terminate a lease if landlord does not make repairs?

YES, the tenant needs to follow a specificprocedure .

Steps tenants can take to terminate leasebecause of building code violations:

Step 1: Does lack of repair make unit not

reasonably fit and habitable. (majorproblems such as rats, ceiling falling in , leadpaint etc.)

Step 2: Write letter and keep copy

Step 3: Wait 14 days after receipt


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Step 4: Follow up letter terminating leasei. 30 days (if not out in 30 days tenant must stay)ii. Pay reduced rent if tenant receives 5-day notice.

iii. The landlord must return all prepaid rent and securitydeposit.

What about the Security Deposit?H. Tenant cannot use the deposit as last months rentI. The landlord has 45 days to return the deposit

J. If there are problems with the return of the deposit callMTO Hotline.

K. Discuss Section 5-12-080 of the RLTO. Very Important.* Damages* Attorneys fees

For tenants not covered by RLTO with lease issues:Call MTO Hotline.


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What if the landlord sells thebuilding?

The lease is still valid. The lease isconsidered a lien on the propertyand the new landlord must abide

by the terms and conditions of thelease and is responsible for thereturn of the security deposit.

Discuss Sec. 080


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Tenants Right to Privacy vs.Landlords Right to Access

A. Landlords have right to enter tenants unit t* make repairs* supply services* inspections* exhibit swelling to prospective buyer* exhibit to prospective renter (60 days)* determine compliance with lease* emergency

B. Landlords must provide tenants with 2 daysnotice (except emergencies)a. Can be left on message machine or note left ofloor


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C. Entry must be between the hours of 8a.m. to 8 p.m. (unless otherwiseagreed)

D. Tenants can ask to be present andrefuse with good causeE. If landlord enters illegally (beware of sexual harrassment)

1. Call police if dangerous situation damages +F. Landlords are allowed to have keys

1. Tenants cannot change locks without


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Evictions

**Only a judge can legally evict atenant. A court hearing is

required**TENANTS SHOULD NEVER APPEAR

WITHOUT A LAWYERReasons a landlord can evict a tenant:1. Nonpayment2. Noncompliance with lease provisions3. No reason end of term


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Dispute

Landlords Notice of Termination 5 DAY, 10 DAY

Summons and Complaint 14-DAYS

Court Date JURY DEMAND/DISCOVERY

Trial Agreed Order

Order

Tenant Wins Landlord Wins

Keep Apartment Eviction

The Eviction Process


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How long does it take toevict the tenant? The process takes a minimum of

40 days once the evictionnotice isserved to the tenant .

(BUT, can be months and months)

**Refer all tenants to MTOHotline if they have

received an eviction notice.


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Lockouts

LOCKOUTS ARE ILLEGAL!A. What is a lockout?

1. Change or plug locks (includeswhen tenant is partially moved andthe landlord changes the lock)

2. Remove doors, windows3. Utility shutoff 4. Removal of property.


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B. Steps to take if landlordlocks out tenant

1. Call the policea. The police can arrest the owner for

failing to end the lockoutb. Inform officers of Special Police

Order 93-12if they are not being helpful and ask

for theWatch Commander**Onl the sheriff can remove a


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Retaliation

**The landlord cannot evict a tenant forcalling the building department**

Signs of retaliation Section 5-12-150of the RLTO:

1. Increase in rent (especially if focusedon tenant)

2. Eviction most likely 30 day no causenotice

If landlord retaliates:1. Encourage tenants to call MTO


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SOME TIPS AND TRICKS

Put promises by landlord in writing in lease.NEVER go to court without a lawyer trials are NOT Judge Judy. Evenif there is NO defense dealing with someones HOME.

Go to Court and sit in and see how it all works.Remember the Implied Warranty of HabitabilityPower of Section 070 and 110, andSecurity Deposit ProvisionsSimple, but Complex Ordinance.Important site: http://www.paulbernstein.netPictures at beginning and end of leaseDelivery options when getting notices to landlordsEmail is not considered delivery to either landlord or tenant.
http://www.paulbernstein.net/http://www.paulbernstein.net/

tenants rights training pb rev 1 march 2007

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