repairs – Metropolitan Tenants Organization

From the National Center for Healthy Housing:

A guide developed to help homeowners and contractors safely clean up homes damaged in the recent floods caused by Hurricane Irene is available immediately. Creating a Healthy Home: A Field Guide for Clean-up of Flooded Homes is a do-it-yourself booklet that provides easy, step-by-step instructions on how to handle mold removal in flooded homes before starting to rebuild or renovate. Agencies working directly with individuals impacted by the floods can also order a shipment of printed booklets to distribute to those needing assistance. Please call the National Center for Healthy Housing (NCHH) at 877.312.3046 for more information.

A weekend of heavy rain has brought flooding problems to communities all along the East Coast of the United States. Officials in Vermont are calling it the worst storm since 1927. Many homes have already endured extensive damage and required evacuation; and in many places the water is still on the rise.

“Our hearts go out to the families dealing with the loss of lives and homes caused by this Hurricane Irene. Recovering from a flood can be overwhelming. We hope this guide will help families reduce the damage to their homes and prevent mold growth” said Rebecca Morley, Executive Director of NCHH, based in Columbia, MD. “Mold exposure may cause allergic reactions, such as asthma attacks, sneezing, runny nose, red eyes, and skin rash. Even dead mold spores pose a risk, especially for children and adults with respiratory problems,” said Morley.

In 2005, NCHH researched and wrote the guide with funding and technical support from Enterprise Community Partners, a leading national community development organization. The instructional guide documents a protocol that was tested on four homes in New Orleans following Hurricanes Katrina and Rita. In a home that experienced at least five feet of standing water for at least two weeks and had mold growth up to the ceiling, the protocol reduced the mold to non-detectable levels.

Acting quickly and removing standing water and water-damaged materials within the first 48 hours is critical for preventing mold growth. NCHH recommends the following steps for cleaning up flooded homes.

Remove standing water and dry out the building as soon as you can. Open doors and windows. Mop up or pump out any standing water.
Use a mild detergent and water to clean and remove mold from hard surfaces.
Use fans and dehumidifiers to remove moisture after cleaning. Be careful not to blow mold around while drying—point fans to blow outside.
Throw away moldy things that can not be cleaned, such as carpets and carpet padding, upholstered furniture, drywall, wood molding, fiberglass or cellulose insulation, and ceiling tiles.
If there is more than 10 square feet (about 3 ft. X 3 ft.) of mold in your house, consider using a professional mold clean-up contractor. Do not hire a contractor who recommends fogging or spraying as a way to clean up mold. Moldy materials must be removed from the building.
Wipe dry or allow all surfaces to fully air-dry before doing any more work. Make sure that the home is allowed to completely dry before beginning restoration.
Additionally, to prevent carbon monoxide poisoning, residents are reminded not to operate generators within buildings. In the case of power outages, generators should only be operated outside of an enclosed space.

National housing organizations Enterprise Community Partners, NCHH, and NeighborWorks®America partnered with NeighborWorks Organization and Neighborhood Housing Services of New Orleans to develop the clean-up protocols. Columbia University and Tulane University provided expertise for the demonstration project. The guide was developed through the generous support of The Home Depot Foundation.

NOTE: If your landlord lives in your building, see the “Exceptions” note on the right side of this page.

What is my landlord responsible for?
Your landlord has a duty to keep your apartment in good shape and make all necessary repairs. If she fails to do this, you may be able to:

Make the repairs yourself and deduct their cost from your rent;
Withhold a portion of your rent;
Sue your landlord; or
Terminate your lease agreement. This pamphlet explains when and how you can do these things.

What must my landlord do to maintain the condition of my apartment?
Keep your toilet, bathtub, shower, and bathroom sink in good working order;

Keep your furnace and boiler in good working order;
Keep your windows weatherproof;
Keep your floors, walls and ceilings in good repair;
Keep your plumbing fixtures in good repair;
Keep your electrical outlets safe and operable;
Prevent the accumulation of stagnant water;
Keep all of the appliances he supplies in good working order;
Maintain the building is foundation, exterior walls, and roof in good and watertight condition;
Provide adequate hall and stairway lighting; Keep all stairways and porches in a safe and sound condition;
Provide trash containers;
Protect you against rodents and insects by exterminating; and
Comply with all other requirements of Chicago’s Municipal Code.

If my landlord doesn’t make necessary repairs, can I use my rent to pay for these repairs?

Yes, but only if the repair will not cost more than $500 or one-half of your rent (which ever is greater). Using your rent money to make necessary repairs is called “repairing and deducting.”

How do I “repair and deduct?”
First you must give your landlord a written notice stating that, unless she makes the necessary repairs within 14 days, you will make them yourself and deduct their cost from your rent. Keep a copy of the notice. If your landlord doesn’t make the necessary repairs within 14 days of receiving the notice, you can make the repairs or pay someone else to do it. After giving your landlord paid receipts to confirm the cost of repair, you can deduct this cost from your rent. See sample letter here.

What if I want to repair a problem in a common area, such as a stairway or hallway?
You must first give all of the other tenants written notice of your plan to make the repair.

If my landlord doesn’t make necessary repairs, can I withhold a portion of my rent?
Yes, but first give your landlord a written notice stating that, unless she makes the necessary repairs within 14 days, you will withhold a certain portion of your monthly rent payments. NOTE: You cannot withhold a portion of your rent and “repair and deduct” in the same month.

If I decide to withhold a portion of my rent, exactly how much should I withhold?
The amount you withhold must reasonably reflect the reduced value of your apartment. Be conservative. You cannot withhold all your rent unless your apartment is in such bad shape that you must move, and you can rarely withhold as much as 50%. If you withhold too much, your landlord may be able to evict you for nonpayment of rent. To be safe, consult with an attorney. See “rent reduction” sample letter here.

Can I terminate my lease because my landlord has failed to make necessary repairs?
Yes, but only in very serious cases. Consult with an attorney first.

How can I terminate my lease?
First, you must provide your landlord with written notice that you will terminate your lease in no less than 14 days unless he makes whatever repairs are necessary. If she does not correct the problem within 14 days of receiving this notice, you may terminate your lease agreement. If you terminate the lease, you must move within the next 30 days otherwise your lease will remain in effect. See sample letter here.

If my landlord doesn’t make necessary repairs, can I sue him/her?
Yes, but consult with an attorney first.

Can I make my landlord pay for the cost of repairing a problem I caused?
No.

What if my landlord fails to provide me with an essential service (such as heat, electricity, or running water)?
See the page entitled Heat & Other Essential Services.

Does my landlord have to repaint my apartment?
Not unless the paint is cracking or peeling.

Can I sue my landlord if my property is damaged in her apartment?
Only if the property was damaged as a result of your landlord’s negligence.

Please Note: This information, published by the Legal Assistance Foundation of Chicago and the Metropolitan Tenants Organization as a public service, gives you only a general idea of your rights and responsibilities under the Residential Landlord and Tenant Ordinance and other relevant chapters of Chicago’s Municipal Code. It is meant to inform, but not to advise. Before enforcing your rights, you may want to seek the advice of an attorney who can analyze the facts of your case and apply the law to these facts.

Still can’t find the answer? Send us your questions. Please allow several days for a response.

Tag: repairs

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