Having a heart, I rented an apartment to an (unqualified) homeless vet who claims he was "just trying to get on his feet". Fortunately, his rent is subsidized by a government agency for vets, so he pays no rent. Unfortunately, he has quickly become my worst tenant, as he "looks for things" to complain about. Every time I see him, he has a new complaint. The lease clearly stipulates, that 1) All repair requests must be in writing, and 2) No Warranty on appliances. His latest complaint is: he bought a thermometer "to see how hot the oven gets". And according to his thermometer, the oven is not properly regulated, so he needs a new thermostat -- or a new stove! On the lease, I hand printed some stipulations (including the "No Warranty on Appliances part), and I always have all tenants INITIAL ALL STIPULATIONS, even the hand printed ones. I just noticed that, even though he did sign the lease, HE ONLY INITIALED THE STIPULATIONS THAT HE AGREED WITH. HE DID NOT INITIAL areas he did not agree with, such as, 1) All repair requests must be in writing, and 2)No Warranty on appliances. Because he purposefully didn't initial certain areas, is...........
There are a number of issues present based on the facts provided, but the answers to your questions are very fact specific determinations. As such, I recommend organizing the lease and everything else you believe is relevant to this matter, and consulting with an attorney individually so we can review the facts, and advise as to the best course of action moving forward.
This is a Landlord and Tenant question. I will change the practice area so you can get better answers.
Lets assume he is right about the oven for purposes of discussion. Do you really want to go in front of a Cook County judge enforcing Chicago's very tenant friendly laws and argue that a homeless vet shouldn't have a stove because you wouldn't pay for a thermostat?
Since you are in Chicago, your tenant has the upper hand. A court is not going to enforce a "no warranties on appliances" clause for a Chicago tenant.
If gets a lawyer who specializes in representing Chicago residential tenants, you will probably end up paying HIM.
Best course of action: fix the oven.
NOT LEGAL ADVICE! HYPOTHETICAL ANSWERS ONLY. NO ATTORNEY CLIENT RELATIONSHIP CREATED.
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