Refrigerator in need of repair

[Justin McCarthy]

We had a refrigerator that needed repair. The freezer worked but the bottom was not cooling. Our handyman who we utilize in the past and was recommended by the building engineer was able to fix it, but 3 weeks later, we had the same issue. The handyman was going to bring his appliance person, but ultimately did not show up, as he was too busy.

We got another name from the association, and their diagnostic indicated that we needed a new control panel. This was 8 days after the tenant call. By the time the parts was received and the repair completed, it was 18 days. Chicago landlord/tenant rule indicates repairs need to be done by 14 days, however, the remedy seems to be the tenant can self help, or withhold rent. The tenant is seeking $500.00 for loss of food and eating out. They have cited the landlord/tenant rule of Chicago.

Does anyone have similar experience in Chicago, and if so, how have you handled? Thank you in advance!

[John McDonald]

Under the Chicago Residential Landlord and Tenant Ordinance (RLTO), tenants are required to provide written notice to landlords for repair issues. The 14-day period for the landlord to address the repair begins only after this written notice is received. Verbal communication or phone calls do not initiate this timeline.

In your situation, if the tenant did not provide written notice, the 14-day repair period stipulated by the RLTO may not have officially started. Consequently, the tenant's claim for $500 in damages might not be enforceable under the ordinance.

Regarding the $500 claim for food loss and dining expenses, the RLTO allows tenants to seek actual damages resulting from a landlord's failure to comply with maintenance obligations. However, tenants are generally expected to provide documentation, such as receipts, to substantiate their claims. Without such evidence, a $500 claim may be considered excessive, especially if the freezer remained operational during the period in question.

It's advisable to request documentation from the tenant to support their claim. If they cannot provide adequate proof, offering a reasonable goodwill gesture might be a practical solution to maintain a positive landlord-tenant relationship.