Tenant Threatening Legal Action For Landlord Responses to Repairs
Hi All,
Need some insight regarding some issues I'm experiencing with some tenants. I had a couple move in to my townhouse and in the few months they've been here there's been a series of repairs that were needed for the home. Most were minor but the last couple were major fixes (air conditioning and leaky pipe). The home is located in a suburb of Chicago. I've tried searching for various tenant laws and other legal guidance via google and through the BP forums but wasn't able to find specific guidance under short notice. Appreciate any advice you guys can give!
To give you some background, prior to the couple moving in. I had my parents show them the townhouse during which they communicated a couple minor repairs that were needed such as a faulty dish washer. I live over an hour away from the property and have my parents manage more of the day to day needs of the property since they live closer. After the couple moved in, I told them to notify me if there were other issues that need to be addressed as items are bound to come up as they settle into the home. I made a point to reimburse them for various out of pocket expenses such as new blinds, minor fixtures etc. Overall I feel that I kept good communication by responding timely (often within hours) and was able to get all their concerns addressed.
However, a little over a month ago the air conditioner which was only 2 years old had failed during a week of high temperatures. After getting a few estimates I discovered the issue was related improper installation from when it was installed 2 years ago. The process for getting estimates took over a week and the actual repairs happened several days later due to weather delays. The initial quote was over $5K and I spend around $900 all in. Obviously, due to the significant financial implications, I wanted to take the time to get a few diagnosis and estimates. During the due diligence process (about week in) one of the tenants reached out to complain about the heat so I had my mom purchase a portable unit for them to use the next day. Throughout the whole process, myself or my parents were providing statuses on estimates and repairs all while they threatening to have a lawyer look into the lease.
Flash forward to a few days ago. They reported a leak from the drain that was leading from the dryer which soaked the carpet on the first floor. I sent my dad over the same day and he was able to stop the leak. We think it was clogged by lint but they claim it was related to the air conditioner. Him and my mom also worked to remove the water from the carpet as much as possible that same day. Yesterday, they reached out complaining of wet carpet and concerns about mold. Subsequently, I received a flood of text messages with pictures and various complaints regarding maintenance issues and their frustration of having to deal with my parents rather than myself which was all new to me.
Below are some of the things/claims they've brought up:
- Never explicitly stated in lease I would have property managers - My name alone is on the lease. However it was communicated to them during their showing that I'm self-managed and have my parents handle minor repairs. I don't even see how this is an issue as it states in the lease that I'm allowed to appoint agents.
- Didn't like that my parents show up at the property late at night (8/9pm) - This was primarily around the time we were having air conditioner/pipe leakage issues). My parents have day jobs so need to fit property management responsibilities around work and due to the sense of urgency they always tried to stop by the same day even if it wasn't until evening.
- Mold concerns due to wet carpet - I informed them I will have a professional inspection done after the carpet is dried. Also, will have the mold removed professionally if necessary.
- Claimed I shouldn't have rented the property with defects - I had no prior knowledge of any issues other than the minor fixes that were already communicated to them and addressed shortly after their move in.
- Air conditioner need to be fixed within 7 days - I was not able to verify this, to my knowledge thought IL provided 14 day window to address major defects AFTER tenant writes in writing the request for remedy.
- Kept insisting that I come by the house personally to discuss issues and clauses in the lease. Claiming I'm bound by the lease as the landlord - Are they valid? Rented various apartments and have never met the landlord and only dealt with property managers. They also turned away my parents when they showed up to help dry the carpets.
- Stated they will withhold rent/sue due to the water damage and mold concerns - Do they have a right to do so? I've taken steps to address their concerns by having my parents fixing the leak and helping with water removal. Not sure what else to do at this point.
- Now claiming they had a mold inspection done related to a unrelated repair in the ceiling and there was evidence of mold - If true, they never provided me the report. Do they have recourse if I have my own report conducted with that current knowledge?
Apologies for the long winded note and possible spelling errors (it's 3am). Wanted to provide as much detail as possible. My concern at this point is that they will seek monetary compensation or sue in small claims court. I'm not sure they have a case since I have fairly detailed documentation of emails and texts detailing actions however IL is very tenant friendly. The wife has been badgering me with 19+ emails and strings of texts since late yesterday so any advice would be greatly appreciated.
Thanks,
Jia