Legal unit temperature and broken heater or thermostat.

[Applez]

What is the name of your state? ILLINOIS

So our central heat stopped working properly in our rented condo a couple days ago. The gist of it all (ask if you need more information) is this: When I use to set the temperature to 80, the meter use to read 77, 78, around there, but now it's at 71. So something's wrong. BUT...it's at the legal limit. A little above, actually. The problem? It's still set at 80 and it's only reaching 71. Even when I set it to 90, it still doesn't go beyond 71. So the landlords excuse for not wanting to fix it was that since it's above the legal temperature limit, that he doesn't feel as though he's liable to fix it right now. Is he right? The thing is broken - it's off by 20 whole degrees - but I don't want to assume he's wrong, which is why I came here to seek some advice from you guys. Thoughts?

 

[adjusterjack]

So the landlords excuse for not wanting to fix it was that since it's above the legal temperature limit, that he doesn't feel as though he's liable to fix it right now. Is he right?

The Illinois landlord tenant statute 562A.15 doesn't give any temperature parameters:

https://www.legis.iowa.gov/docs/code/2019/562A.15.pdf

What city are you in?

Where is that "legal temperature limit" codified?

Provide a link to the code if you can.

How much time is left on your lease?

Even if he's right, he's only buying himself a more expensive problem if he has to replace the whole unit later if he doesn't repair it now.

Consider getting an HVAC company out to give you a FREE WRITTEN evaluation of the condition of the unit and the cost to repair versus the cost to replace when it completely fails. Maybe that will convince the owner to do the repairs.

 

[Applez]

What city are you in?

Chicago.

Where is that "legal temperature limit" codified?

Provide a link to the code if you can.

https://www.chicago.gov/city/en/depts/bldgs/supp_info/chicago-heat-ordinance.html

" From September 15 through June 1, the temperature inside a rental residence is required to be at least 68 degrees from 8:30 AM to 10:30 PM, and at least 66 degrees from 10:30 PM to 8:30 AM."

How much time is left on your lease?

Just signed the lease a few days back.

Even if he's right, he's only buying himself a more expensive problem if he has to replace the whole unit later if he doesn't repair it now.

He really didn't seem to know what he was talking about. I tried explaining what I mentioned above to him and he said, "It's normal. There's no problem. You're at the legal limit." He either acted like he didn't get or truly didn't get that if I set the thing to 90, it should be 90 - give or take a degree or 10 even, but not 20.

Anyway, the problem is that it's an older heater, so I assume (though I don't know) that it probably does need to be replaced. If that is the case, then him wasting time is no sweat off his back, because it's something he's going to have to do anyway. So what he suggested was to change the controller from manual to digital and he says that that should fix the problem. I know nothing about how these things work and I don't know if he's trying to buy time or hoping this new controller fixes the issue, but at this point I guess I have no choice but to wait and see.

That being said, I'm still curious if anyone knows: If it's broke, fix it? Or only if the weather is below 68?

 

[quincy]

What type of thermostat do you have? Some only will require a battery change rather than a furnace repair.

 

[Applez]

It's an older one:

 

[quincy]

Ah. A classic.

Although there are no batteries to change (which could have been a simple fix), the problem with your lack of heat could still be a thermostat problem rather than a furnace problem. Unlikely maybe, but possible.

It will be getting colder in Chicago and your current 71 degrees might drop significantly overnight. Your landlord will then be faced with an emergency call - so he was wrong to ignore your complaint when you first made it.

Should the temperature drop too low, do you have a portable heater you can use while you wait for repairs?

If the landlord doesn’t respond to an emergency repair, you can call a heating company and bill your landlord.

 

[Just Blue]

Ah. A classic.

lol...Since that was the thermostat on my living room wall when I was a tyke, does that make me a "classic" as well??

 

[adjusterjack]

Chicago

I had a feeling.

" From September 15 through June 1, the temperature inside a rental residence is required to be at least 68 degrees from 8:30 AM to 10:30 PM, and at least 66 degrees from 10:30 PM to 8:30 AM."

Here's the actual code, word for word:

13-196-410 Residential buildings – Heat to be furnished.
Every family unit or rooming unit to which heat is furnished from a heating plant used in common for the purpose of heating the various rooms of the dwelling shall be supplied with heat from September 15th of each year to June 1st of the succeeding year so that the occupants of a family unit or rooming unit may secure, without such undue restriction of ventilation as to interfere with proper sanitary conditions, a minimum temperature of 68 degrees at 8:30 a.m. and thereafter until 10:30 p.m. and 66 degrees at 10:30 p.m. and thereafter until 8:30 a.m. averaged throughout the family unit or rooming unit.

That's interesting. You might get yourself one of those laser temperature gauges and record the temperature in each room of the condo at various times and see how that plays out.

Also check out ALL of the residential requirement starting at 13-196-340 and make sure he's toeing the line on everything:

http://library.amlegal.com/nxt/gateway.dll/Illinois/chicago_il/title13buildingsandconstruction/chapter13-196existingbuildings-minimumre?f=templates$fn=default.htm$3.0$vid=amlegal:chicago_il$anc=JD_Ch.13-196

Just signed the lease a few days back.

Ouch. This problem started after you signed the lease?

That being said, I'm still curious if anyone knows: If it's broke, fix it? Or only if the weather is below 68?

It is, unfortunately, obvious from the building code and the Chicago landlord tenant code:

5-12-070 Landlord's responsibility to maintain.
The landlord shall maintain the premises in compliance with all applicable provisions of the municipal code and shall promptly make any and all repairs necessary to fulfill this obligation.

http://library.amlegal.com/nxt/gateway.dll/Illinois/chicago_il/title5housingandeconomicdevelopment/chapter5-12residentiallandlordsandtenant?f=templates$fn=default.htm$3.0$vid=amlegal:chicago_il

That you are stuck within those temperature parameters.

However, the minute the temperature falls below that range, notify him in WRITING as quickly as possible and immediately report it to the appropriate authorities.

If he's willing to install a digital thermostat, let him do it and see how it goes. Though I would still recommend you get a free evaluation of the system if you can.

 

[adjusterjack]

lol...Since that was the thermostat on my living room wall when I was a tyke, does that make me a "classic" as well??

Yes, it does, Blue. There was never any doubt.

 

[Applez]

Ah. A classic.

Although there are no batteries to change (which could have been a simple fix), the problem with your lack of heat could still be a thermostat problem rather than a furnace problem. Unlikely maybe, but possible.

It will be getting colder in Chicago and your current 71 degrees might drop significantly overnight. Your landlord will then be faced with an emergency call - so he was wrong to ignore your complaint when you first made it.

Should the temperature drop too low, do you have a portable heater you can use while you wait for repairs?

If the landlord doesn’t respond to an emergency repair, you can call a heating company and bill your landlord.

Well, he told me to contact him tomorrow, so we'll see if that truly is the problem or not.

As for getting a heater? Thanks for reminding me. It's been on my to-do list since this first happened and I keep forgetting to jump on Amazon to buy one. I'll head there right now.

 

[Applez]

I had a feeling.

Here's the actual code, word for word:

That's interesting. You might get yourself one of those laser temperature gauges and record the temperature in each room of the condo at various times and see how that plays out.

Am I misunderstanding what that says or does it mean that you have to average out the temperature throughout the entire apartment (i.e. all of the rooms - bedroom, washroom, etc)? So if it's 4 degrees above in most of the rooms and 5 or 6 degrees below what it should be in one of the bedrooms, if the calculation averaged out to be above the required temperature, he would be covered by law?

Ouch. This problem started after you signed the lease?

Yep.

If he's willing to install a digital thermostat, let him do it and see how it goes. Though I would still recommend you get a free evaluation of the system if you can.

I'll do both. Thanks for the advice and your help. I really appreciate it.

 

[quincy]

If you have the chance to post back, let us know how it goes with your landlord. Good luck.

 

[gryndor]

Is there some kind of limiter? The fact that it's an older style and not a modern digital version that might be less likely, but I know that with some units homeowners are able to set a maximum level and no matter what you might raise the temp to, it will never go higher than the setting. Maybe since he thinks 71 is the "legal limit" that's as far up as he's ever willing to pay, and isn't concerned about the unit being broken because he's the one who's creating this issue.

 

[Zigner]

Is there some kind of limiter? The fact that it's an older style and not a modern digital version that might be less likely, but I know that with some units homeowners are able to set a maximum level and no matter what you might raise the temp to, it will never go higher than the setting. Maybe since he thinks 71 is the "legal limit" that's as far up as he's ever willing to pay, and isn't concerned about the unit being broken because he's the one who's creating this issue.

If the thermostat is malfunctioning, it's most likely that the bimetallic strip (the coil) inside the thermostat is binding. I would be surprised if that's what's happening, but it's possible.

 

[quincy]

It's an older one:

It has been awhile since I have seen this type of Honeywell in a house but, looking at this picture again makes me wonder: Isn’t the temperature set at the top of the thermostat? It appears to me that the thermostat is set for 68 degrees and the temperature is 70 degrees.