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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2957
Experience:  Litigation Attorney
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I have a 2 flat house in Chicago with the same tenants for

Customer Question

I have a 2 flat house in Chicago with the same tenants for 3 yrs. The upstairs tenant claims to have discovered bed bugs and hired and paid a company to have them exterminated. He did not notify me first as the Chgo ordinance requires. Now he wants me to pay the bill. There have never ever been bed bugs in that house and he has lived there 3 years and his lease expired last November. One can only assume he brought them in Am I responsible for that bill since he did not notify me first
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Christopher B, Esq replied 1 year ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship. The city may issue fines to tenants. Fines can go as high as $2,000 for a third offense. Landlords cannot fine tenants. If bed bugs are found in apartment, the apartments on both sides and directly above and below it need to be inspected also. It is very difficult to prove who caused the bed bug infestation. Just because the tenant did not notify you does not mean you are not responsible for the problem BUT the remedy of repair and deduct for the tenant (what the tenant is trying to do here) only applies under a certain set of facts: Repair and deduct is allowed under the Residential Tenants' Right to Repair Act. But the Residential Tenants' Right to Repair Act only applies to some situations. The Act only applies to repairs that are required by the lease or by local law (bed bugs are). The tenant may not deduct the cost of repairs from the rent when the damages are caused by the tenant or because the tenant failed failed to act in some way. This includes damages caused by the tenant's family or other persons in the apartment with the tenant's consent. The Act does not apply to:Public housingCondominiumsResidential cooperative housingCommercial tenantsResidences with six units or less, with the owner living in the propertyMobile homes located in a mobile home parkIf your housing falls into one of the categories listed above, then the tenant may not deduct the cost of repairs from the rent under the Right to Repair Act. The amount the tenant can deduct depends on themonthly rent:If the rent is $1000 or more - the tenant can take up to $500 out of your rent for repairsIf the rent is $999 or less - the tenant can take up to half of your rent out for repairsAlso, the amount cannot be more than the reasonable price that is usually charged for the repair. Here is the most important part: The tenant must tell the landlord in writing that the tenant is planning to have the repair made at the landlord's expense. The letter must be sent through registered or certified mail to the address on the lease. If there is not an address listed, it must be sent to the most recent address the tenant has for the landlord. If the Act doesn't apply to this situation, then the tenant may still have the right to make repairs and deduct the cost from the rent under a local ordinance. There is one here for the city of Chicago on bed bugs but again the tenant must give you notice and a chance to give you to remedy the situation. If that did not happen here then the tenant cannot repair and deduct from rent. It would seem that the tenant should be stuck with the bill because h/she gave you no notice of their intent to repair and deduct but that will ultimately be up to a Judge to decide. Please see link for the Chicago ordinance on bed bugs: Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated. (There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic.)
Expert:  Christopher B, Esq replied 1 year ago.
I see you have reviewed my answer, do you have any further questions? If not, please do not forget to positively rate my answer (There should be smiley faces or a 1-5 ranking on my answer. I would appreciate a good or excellent rating) as this is the only way that I am compensated for my work.
Expert:  Christopher B, Esq replied 1 year ago.
Any chance for a positive rating? I would like you to be satisfied with my service and need to know what else I can do to earn a positive rating. The site does not compensate me for my work without your feedback.
Expert:  Christopher B, Esq replied 1 year ago.
Do you need help with the rating system? We expect to answer these questions with the expectation that our work will be compensated by the site. Without your positive rating that won't happen, so if you could take the extra step and help me out, I would appreciate it. There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic.

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