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Infolawyer
Infolawyer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 53866
Experience:  Experience representing landlords and tenants.
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I live in illinois. I have a question about 2 things

Customer Question

Hi I live in illinois. I have a question about 2 things concerning my lease.
1. It state generally that I am responsible for all repairs. The furnace, air conditioner and water heater both have broken and are old. Am I responsible to replace those?
Part b to this question is that we also have a lease option that states the same thing. We do not want to buy the property just rent.
2. The lease has an automatic renewal clause in it? Is that legal? We have never been given any notice that it was going to automatically renew.
Submitted: 3 months ago.
Category: Landlord-Tenant
Customer: replied 3 months ago.
The lease is attached.
Expert:  Infolawyer replied 3 months ago.

Hello and welcome. I am working on your answer and will be right back!

Expert:  Infolawyer replied 3 months ago.

Generally, a LL is liable for such repairs where caused by normal wear and tear, and not negligence on your part.

On renewal, it is enforceable provided the lease so provides.

Expert:  Irwin Law replied 3 months ago.

Good morning. I am the expert who will handle your request this morning. With regard to number 1, the typical lease with option to purchase requires the tenant to make all repairs. The reason for that is that the purchase price is fixed by the option part of the agreement so the owner cannot recover for any repairs that they make to the property. So the answer to number one is "yes, you are responsible to replace those broken items. Regarding number 2, Illinois has a consumer statute that makes such provisions you legal in contracts for services and products; however, real estate is not included, and to the best of my knowledge Illinois has never extended that protection to the real estate field. It would require a great deal of time to go into the Illinois cases to try to determine if there has been a recent statutory enactment that automatic extensions of leases leases.

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Customer: replied 3 months ago.
I'm hoping to get a bit more detail. I signed the lease and rent to own option (as attached) that's states generally I will be responsible for all repairs. Is this legal and binding? Is there some Illinois law that makes it where I am not responsible to replace entire HVAC?Also I was given no notice of the renewal coming up? Does he have to give notice of the renewal or anything like that that would release me from obligation of this renewal that it appears I am currently in?
Expert:  Infolawyer replied 3 months ago.

Courts are not likely to enforce a provision on repairs in a residential situation where landlord wrongly seeks to shift a responsibility that belongs to the LL, and goes to general upkeep and maintenance. In commercial settings its different. Here its more akin to a fixture or a roof requiring repair which is not caused by tenant conduct. Notice of renewal is common practice, so if LL acted in bad faith to defraud or trick you, then you could seek to argue a breach of good faith and fair dealings, which is a common law principle and claim.

Expert:  Infolawyer replied 3 months ago.

Kindly rate me 4 or 5 stars.

thanks in advance.

Customer: replied 3 months ago.
Currently I not sure if Im talking to 1 or 2 attorneys. Im also not sure on my answer. It appears that you are saying that I am at the mercy of the court. I'm trying to to understand do we have a a legal ground to stand on. I do not currently have hot water. I need to understand my next step. Do I have a legal ground to call the landlord and tell him this is his responsibility. I know he will fight me on this. Do I have a legal to sue him, turn him into the city? I I asking for mercy or am I out of luck?
Expert:  Infolawyer replied 3 months ago.

You may indeed demand the LL honor the express and implied warranties and provide you with habitable premises. If LL refuses you may file a complaint in court seeking repair and back rent credit for the affected period, plus legal fees.

Expert:  Infolawyer replied 3 months ago.

The other lawyer opted out and accidentally responded.

Kindly let me know if I can clarify anything else.

Please rate me positively. thank you.

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