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Updated about 4 years ago on . Most recent reply

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Dianna Roberts
  • Rental Property Investor
  • Chicago, IL
1
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Frozen Pipes- Tenant without water

Dianna Roberts
  • Rental Property Investor
  • Chicago, IL
Posted

Hello,


We own a multi unit building in Chicago and the temperature dropped over the weekend. This has caused some pipes in the basement to freeze and burst. Issue: tenant in basement unit is without water. We are actively repairing it with a contractor, however it has been 24 hours now. What, by law, am I supposed to do for the tenant if anything? How long do I have to repair this? She has no running water at the moment. All advice is appreciated, thank you.

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Brie Schmidt
  • Real Estate Broker
  • Chicago, IL
5,114
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Brie Schmidt
  • Real Estate Broker
  • Chicago, IL
ModeratorReplied

@Dianna Roberts -if it is in Chicago you need to follow the RLTO



FAILURE TO PROVIDE ESSENTIAL SERVICES (HEAT, RUNNING OR HOT WATER, ELECTRICITY, GAS OR PLUMBING)
{MUN. CODE CH. 5-12-110(f)}
• If, contrary to the lease, an essential service is not provided, or if the landlord fails to maintain the building in material compliance with the Code to such an extent that such failure constitutes an immediate danger to the health and safety of the tenant, and the tenant or tenant’s family or guests are not responsible for such failure, after giving written notice, the tenant may do ONE of the following:
1)Procure substitute service, and upon presenting paid receipts to the landlord, deduct the cost from the rent; OR
2)File suit against the landlord and recover damages based on the reduced value of the dwelling unit; OR
3)Procure substitute housing and be excused from paying rent for that period. The tenant may also recover from the landlord the cost of substitute housing up to an amount equal to the monthly rent for each month or portion thereof; OR
4)Request that the landlord correct the failure within 24 hours and if the landlord fails to do so, withhold the monthly rent an amount that reasonably reflects the reduced value of its premises. Rent withholding cannot start until after the 24 hours expires and applies only to days past the 24-hour waiting period; OR (eff. 1-1-92)
5)Request that the landlord correct the failure within 72 hours and if the landlord fails to do so, terminate the rental agreement. If the rental agreement is terminated, the tenant must deliver possession and move out within 30 days or the notice of termination is considered withdrawn.
(eff. 1-1-92)



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