Tenant not paying rent due to emergency gas shut

[Aubrey Buikema]

Hi there,

I have a question regarding how to handle a unique situation. This week, peoples gas shut off the gas to my entire building due to a “gas emergency” (without notifying anyone). I was notified by a tenant that their gas was not working and immediately called the company. The company came and resolved the issue the following day in the evening and told me that it was a problem with one of the city’s risers to the building. I communicated with all of my tenants of the issue and that it would be resolved by Friday by 9:00 pm (per what peoples gas told me). I then confirmed that it was in fact working at that time with one of my tenants (the most communicative one). I didn’t verify with all of the tenants but assumed they would inform me if it wasn’t working by then as I told them it would be (my mistake). 

It is now Monday the 3rd and one of my tenants has failed to pay rent on time (as per her usual). When I contacted her, she told me that her gas has not been working for 5 days and that she hasn’t been able to stay at her apartment (which was “literally 65 degrees”per her complaint). I asked her why she didn’t tell me that it wasn’t working and she said that she has been staying elsewhere and just now returned to find it not working. I immediately called peoples gas and they are going as soon as possible to fix it. My tenant is now refusing to pay rent until I pay for 5 nights of a hotel that she claimed she stayed at without communicating with me until after the fact. 

Does anyone have any advice on how I should handle the situation? I maintain my building well and work really hard at being a good landlord and I’m just at a loss. 

Thanks so much!

[Nathan Gesner]

Quote from @Aubrey Buikema:

This is just one example of why it's important to know the law. Illinois Landlord - Tenant Laws Here's what the law allows:

If something in your apartment needs to be fixed, send your landlord a formal letter with a list of the repairs needed and request that they be made within 14 days. If it is an emergency and can threaten your health, safety or the apartment itself, ask that the repair be made within 72 hours. If your landlord does not fix the problem, under certain circumstances, the Residential Tenants’ Right to Repair Act allows you to hire a professional to make the repairs and then deduct the cost from next month’s rent.

You were not responsible for the shutoff, so your tenant can't hold you responsible. If she feels wronged, she needs to contact the utility provider and take it up with them.

I would tell her to pay the rent or start packing because she's in violation of the lease and the law.