Lack of Essential Services Letter
This letter can be used when an apartment is lacking in one or more essential services: heat, water/plumbing, gas, and electricity. This letter only covers tenants protected by the RLTO, i.e. all tenants within the city of Chicago, with or without written leases, in private and subsidized rental units, with the exception of tenants living in an owner-occupied building that has 6 or fewer units. Be sure to send via certified mail in order to receive confirmation that the letter has been delivered. Regarding specific essential services:
Heat: From September 15 thru June, unit temperature should be at least 68° from 8:30 AM - 10:30 PM, and at least 66° from 10:30 PM - 8:30 AM. Tenants should document inadequate heat by taking a time-stamped photograph of a thermometer in the affected room(s). If heat is not fixed within 24 hours of the landlord receiving the letter, a tenant may withhold money from the next rent payment in order to cover the cost of space heaters (with receipt), or to reflect the reduced value of the unit.
Water: Landlord is responsible for providing running water, including hot water, as well as adequate plumbing. If water services are not restored 24 hours of the landlord receiving the letter, a tenant may withhold money from the next rent payment in order to cover the cost of bottled water (with receipt), or to reflect the reduced value of the unit.
Gas and electricity: Responsibility for payment of gas and electricity bills is subject to the terms of the lease/rental agreement. If a landlord who is responsible for payment of these utilities fails to do so, resulting in shut-off, and the service is not restored within 24 hours of the landlord receiving the letter, a tenant may withhold money from the next rent payment in order to cover the cost of paying to restore the utility on their own (with receipt).
A tenant forced to find substitute housing by a lack of essential services is excused from paying rent for as long as they are displaced by this lack of service. If no repairs are made within 72 hours of the landlord receiving the letter, a tenant has the legal right to send a second notice declaring that they are breaking their lease/rental agreement. The tenant then has 30 days to move out.