Heat and other utilities are those essential services that you must have to live in your apartment, like heat, running hot and cold water, gas, electricity, and plumbing services. This section will give you information on how to keep from losing these utilities and essential services.

Who pays for the utilities in my apartment?

This depends upon your lease and agreement with your landlord. You should always agree upon this before you rent an apartment. Remember, a written lease can act as proof of your agreement, if you later need it.

What should I do if I have a problem with the companies supplying the utilities?

Many times these utility companies deal with a large volume of customers on a regular basis and cannot provide each customer with individualized service.  As soon as you recognize a problem call up the service right away and ask for a repairperson as soon as possible.  If any of these companies do not comply call up your local representative for help

Here are the numbers of your representatives: State Rep Barbara Flynn Currie (773) 667-0550 and State Senator Barack Obama (773) 363-1996. Their offices are always good places to voice concerns.

First, give the landlord prior written notice specifying the problem. You must send the notice to the address stated in the lease or specified by the landlord as the address at which notices are to be delivered. If the landlord has not given you an address, then you may send it to the landlord’s last known address or use other reasonable means to give the landlord notice (such as giving the notice to the janitor). Once you have notified the landlord of the problem, you can begin to take action. Be specific about the action(s) you intend to take.

·         pay the bill for the utilities, repair the problem, or get substitute service (such as space heaters), and deduct the money from the next month’s rent; or

·         sue your landlord for the damages for having no utilities; or

·         move out until the utilities are turned back on if you cannot live in the apartment.

·         withhold a reasonable amount of rent if the landlord fails to correct the problem within 24 hours of receiving your notice; or

·         end the lease if your landlord fails to correct the problem within 72 hours of receiving your notice; you must then move out within 30 days or the lease goes back into effect.

Note — you cannot withhold rent or end the lease if the problem was caused by the inability of the utility company to provide service.

Must my landlord tell me if the utilities are going to be shut off?

Yes. Your landlord must tell you if the City of Chicago or any utility company plans to turn off any of the utilities because the landlord has not paid the bill. The landlord must give you a notice in writing before the utilities are turned off. Your landlord also has to tell you what service is going to be turned off, when, and what part of the building will be disconnected.

If your landlord does not give you notice of a threatened shut off, you can give your landlord a written notice giving the landlord 14 days to comply or you will end your lease in the same manner described above.

One reason for using this provision of the law is that if you have a written notice from your landlord, you could use it as evidence in court. In all situations, it is important to keep copies of everything you receive from the landlord and everything you send to the landlord.

Should my landlord let me know how much my heating bills are likely to run?

Yes. Whether you pay your heat bill to Com Ed or Peoples Gas, the landlord must supply you, as part of the lease agreement, an estimate of utility costs based on the prior tenant’s usage. The landlord must supply a copy of a completed Heating Cost Disclosure Form for the apartment prior to making a rental agreement with you or accepting any money.

If the landlord has not given you an estimate for the heating bill call the Chicago Department of Consumer Services at 312-744-9400, which is responsible for enforcement of the law.

If my utilities are shut off can I break my lease?

Yes, if the utility service is the landlord’s responsibility. See the question “What if the landlord is supposed to pay for the utilities, but does not?” for the steps you need to take before you can legally break your lease. If you correctly follow the notice procedure, the landlord must return all prepaid rent, security deposits and interest.

Can my landlord shut off my utilities to make me move out?

No. This is considered a lockout and it is illegal. If this happens call the police and say that the landlord has illegally locked you out of your apartment. Then call a lawyer, your local community group, or for emergency shelter information contact the Department of Human Services at 312-744-5000. For more information, see the "Lockouts and Retaliation" section.

What if I do not get enough heat in the winter?

If your apartment is too cold, you should keep careful records of the temperature of your apartment. Do this three times a day every day. If your landlord is responsible for heating your apartment, and the heat is usually below the City code regulations, they you should notify your landlord in writing that the landlord must bring the heat up to the City’s regulations. The Chicago Housing Code states that between September 15 and June 1 the temperature in your apartment should be at least:

·         65 degrees at 7:30 a.m.

·         68 degrees from 8:30 a.m. to 10:30 p.m.

·         63 degrees from 10:30 p.m. to 7:30 a.m.

If your landlord does not respond to your notice you should contact the City’s Heat Hotline at 312-744-5000, your local community group and a lawyer. Follow the steps described above to give a notice to your landlord and exercise your rights to remedy the problem.