Tenant Left and Filed Buildings Claim

[John Casmon]

We had a tenant up and leave after not paying rent for two months. Subsequently, we just received a notice of violation with the Chicago Department of Buildings that list a handful of exterior items and mold in that same tenant's apartment (which they were not able to verify because the tenant wouldn't let them in). We're in the process of suing the tenant for the back rent and damage to the unit and I'm guessing she called the city to report the violations to claim unsafe living conditions or something. We're working on fixing the violations listed (crack in the lintel, broken window pane, loose deck board, etc), but how will/could this impact our case on the tenant? We have a PM firm that manages this building and to our knowledge mold was never reported or noticed until she vacated.  We have all repair orders from her on file and have fixed them all. Any tips on things to prepare for the buildings code hearing and then separately for our case against the tenant?

[Robert Melcher]

I can't speak for Illinois, so its best to consult and attorney on this matter. However, in order to initiate a "rent strike" and not pay rent, at least in Texas, there are specific notification and response windows that have to be met (by the tenant) and failed (by the landlord) before the tenant can take any of this action.

If you have your requests and invoices for the efforts to remedy the situations, if the issues named were never reported, and If the report appears retaliatory in intent, you're probably in good shape.