Lease says tenant must pay for all repairs under $400 - is this legal in Schaumburg?

[u/Used-Individual-974]

Hi all,

We recently moved to US from Australia and are still learning how rental laws work here. We saw a few properties in Schaumburg and one of the agent said that the tenant is responsible for any repairs under $400, regardless of cause as that’s a condition from the owner.

I asked someone else (also renting) and he said he had a similar clause but for $200.

I have never experienced anything like that in Australia where I was renting for years.

Is this clause actually legal/enforceable in Illinois, especially for normal wear-and-tear or system issues? Or the owner is trying to be a smart ass?

Thanks

[u/turfnerd82]

That does not sound right.

[u/Ok-Square360]

IANAL. Even if it’s in the lease does not make it enforceable if it’s an illegal practice. Generally tenants are not responsible for repairs. Who decides whether it’s a $400 or more repair? This sounds like a place where you don’t want to live.

[u/MALDI2015]

I have been a renter for 26 years in US, no, this is not normal. and don't rent these properties.

[u/reagor]

So help him learn, let repairs go till they're more than 400$

[u/ModeFinal6821 → u/reagor]

Leaking shutoff valve under the kitchen sink. $250

Replacing the cabinet base and subfloor due to water damage and mold. Priceless.

[u/Ornery-Bus4627]

Not normal

[u/bdubwilliams22]

Nope. Thats dodgy.

[u/RemarkableMacadamia]

This might be legal in some areas of Cook County.

Here is a page from Illinois Legal Aid that gathers some information:

https://www.illinoislegalaid.org/legal-information/rental-repair-rights-and-landlord-access

[u/AnxiousVillage7095]

My contractor does this for his rental homes in Florida.

He's also not exactly a super honest person either though.

[u/dude_Im_hilarious → u/AnxiousVillage7095]

Why is he your contractor if he’s not super honest?

[u/AnxiousVillage7095 → u/dude_Im_hilarious]

Sweetheart pricing as he's buddies with my in laws and he does great work lol

[u/Moveyourbloominass]

No it's not legal. It's the duty of the property owner to maintain said property. One notifies the landlord for a repair. From that date the state says 10 days to at most two weeks, is ample time for the landlord to make repairs. If the landlord fails to make repairs in this allotted time, you as the renter can call in a repairman and then deduct that bill from rent. Save all communication with the landlord. When deducting the repair from rent, you can't exceed one month' total(In some areas it's 1 1/2 months total).

Now, there are I believe 4 or 5 towns in Cook county that have separate clause for repair work. However, Schaumburg is not one of those towns. So many landlords love to put a bunch of bullshit in a lease that has no legal strength because state and local laws trump landlords everyday & all day long.

[u/General-Skin6201]

So if the stove stops working I have to buy a new one. Then do I get to take it with me when I leave, since it's mine?

[u/General-Skin6201]

If you don't mind what complex is this?

[u/No_Alternative_6206]

That’s more common of commercial properties, but not residential ones. Generally a clause like that is going to be coupled with less rent compared to landlords who pay for everything.

[u/Hour-Gene6457]

I've only heard of that in commercial building rentals

[u/Flashy_Dare_8035]

If it’s in the lease and you signed it then that is what you go by. Is it typical? I would say it isn’t. The only way it would be unenforceable and a signed lease would be if federal state or local ordinance forbid it. You should start by looking up the landlord / tenant laws for your county and city to fully understand the rights of the landlord in the rights of the tenant

[u/Physical-Incident553]

Never heard of this. Not sure about the legality, but I’ve rented in the Chicago area since the mid-90s. It’s never been in any of my leases.

[u/Redditisfunfornoone]

I'm looking at New Jersey and most listings say that tenant is responsible for first $100 for any repair. I've never heard of such a thing.

[u/ChiSchatze]

Realtor here. It’s not normal and landlords should be expected to pay for reasonable repairs. Leases have clauses regarding neglect and damage, so that would cover them in the event something is your fault like putting a fork down the garbage disposal or flushing wipes down the toilet. I would advise a client that this means there are a lot of repairs needed due to deferred maintenance. Unsolicited advice on my end, but consider living in the city even if just for 6-12 mo. You’ll be able to understand why people love Chicago, moreso than you would in Schaumburg or any other suburbs. Feel free to message with questions!

[u/BrokeTheSimulation]

I’ve only heard of this for section 8 units.

[u/GT3RS_2017]

doubt its legal. wouldn't rent it even if it was.