Heat in a rental apartment OUTSIDE the city of Chicago, Illinois?

[dallen47]

It's cold out and my scuzzbucket landlord has turned off the heat. I'm cold, my daughter is cold and I have done my best to find a link to Illinois law stating what his obligation is to us tenants.

Out heat is hot water baseboard heat. It is supplied as part of the rent we pay. (I have lived here 3 years and never had an issue with the heat until now) When one tenant called the landlord she was told "no one pay the rent so I can't afford to heat it".

I know he is required to have the heat on to a certain temp, but I cannot find the info anywhere except for the city of Chicago proper and that doesn't help. They have different laws than the outlying suburbs.

Please help before we turn into ice cubes!

[ruelle]

There is a PDF pamphlet from SIU at http://www.law.siu.edu/selfhelp/info/property/Landlord-Tenant%20Rights%20in%20IL.pdf that says:

"If the landlord fails to maintain the property he/she is leasing in a livable condition, he/she may be violating a warranty called the "implied warranty of habitability". By law, this warranty automatically comes with every lease in Illinois whether the lease specifically mentions it or not. If you do not have heat, water, sewer, or electricity or if you have a severe pest infestation problem, the landlord may be in violation of this implied warranty."

However, that is ambiguous and possibly a matter of opinion. So you will have to see if there is any related local ordinance in your community, or similar ordinance for somewhere nearby that has one..

I live in a 100 year old home the far NW suburbs of Chicago and I have not fired up my steam boiler yet because it does not run that efficiently when the weather is mild. In the meantime I have one oil filled electric radiator type heater on each floor just to take the chill off the air if necessary, and a heated water bed, so I am toasty warm at night. If it is cool, I simply wear more clothing and get used to the weather.

[atworth49]

Usually local ordinance, call your village/city hall
Generally from October 1 or 15, heat must be 60 at night and 65+ daytime
Call LL yourself to ask for heat, to complain, must go to LL FIRST, and remember he has a good history of providing heat, for 3 years
Get thermometers, record temps
Call housing department, health department about lack of heat
LL cannot use the fact that he has "scumbag tenants" as excuse for not providing heat as required--(or should I say scuzzbucket?)
Calling LL names is not helpful

[flannagain]

contact an attorney immediately

[barraq]

You might be able to use this section. Couldn't really find anything about when the ability to heat is required. Search Illinois landlord tenant act.

765 ILCS, Act 735/1.4 Prohibition on termination of utility service by landlord:
No landlord shall cause or request utility service to tenants to be interrupted, discontinued, or terminated in an occupied building (i) by nonpayment of utility bills for which the landlord has assumed responsibility by agreement or by implication or (ii) by tampering with equipment or lines.

A landlord's violation of this law entitles the tenant to an abatement of rent for the time that utility service was terminated. In addition, the landlord may be held liable for damages up to $300.00 per tenant or $5,000.00 to be divided by the total number of tenants affected.