I use a wheelchair and my apartment elevator has been broken for 16 days. I haven't been reimbursed for my hotel. Do I have a legal case?

By Aditi Shrikant

'I don't have access to basic amenities like laundry or a kitchen, and it's been a significant amount of time'

"It's a lot of money up front."

Dear Dollar Signs,

I am currently renting an apartment in Chicago, and the elevator in my building has been out for 16 days. I've been living in a hotel for 10 days. I'm fronting the cost and they've agreed to reimburse me via rent credits. Important context: I use a wheelchair.

I was supposed to be able to move back on Friday, but it's looking less certain now, and the property manager has been providing fewer updates recently.

It's a lot of money up front. I'm basically paying rent to a hotel instead of my building. On top of that, I'm using a credit card to pay, so it's actually more expensive, because if I don't pay it off in full I will have to pay interest on it.

I wonder if the building management has violated my rights as a tenant with a disability. They have accommodated me with a hotel, but I don't have access to basic amenities like laundry or a kitchen, and it's been a significant amount of time.

Tired Tenant

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Dear Tenant,

Being displaced from your home is inconvenient and disorienting. It's also expensive. Waiting on reimbursement and knowing that if it doesn't come you'll have to pay interest is stressful. This is about your own comfort as well as your landlord holding up their part of the lease agreement, which they are not doing as of now.

According to the federal Fair Housing Act, landlords must provide "accessible common use areas" to people with disabilities, and this includes elevators. The Chicago Residential Landlord and Tenant Ordinance, known as the RLTO, mentions elevators specifically, stating that tenants should have "remedies" for certain conditions, including the "failure to maintain elevators in compliance with applicable provisions of the municipal code."

Illinois landlords also must comply with what is called the warranty of habitability, which means they must maintain a space and make sure it is usable by its tenants. Right now, your building is not livable for you.

Even though your wheelchair use is a factor that could bolster your case, it might not be all that relevant, says Ken Walden, a representative from Access Living, a nonprofit that focuses on disability advocacy.

"This could be a straight-up landlord-tenant claim that the landlord is not holding up its end of the bargain in terms of maintaining the property," he says. "It's violating lease terms and violating the warranty of habitability."

This case will hinge on whether your landlord is doing their best to repair the elevator in a timely manner, which I can't discern from your letter. If the problem is due to a mechanical issue, like the sensors not working, it could be fixed by an elevator mechanic pretty quickly. If your landlord needs to order parts, that could take weeks or even months.

Ask your landlord what exactly is being repaired. If a part is on order, you might just have to wait it out.

However, you could ask for some changes in how frequently they are reimbursing you and how much they are covering.

Next steps

If you haven't already, get the landlord's agreement, in writing, to reimburse you for your hotel costs.

One simple solution could be to ask your landlord for periodic payments. Say that you need to be reimbursed at the end of each week so you're able to pay your credit card off in full. If they agree to repay you more frequently, or to pay whatever interest accumulates, get that in writing, too.

And rent is not the only thing you could be reimbursed for. It's reasonable, Walden says, to expect the landlord to cover the unexpected costs that come with having to live out of a hotel.

"Document all expenses, including extra transportation, food shopping," he says. "If you had to purchase extra clothes, it's certainly reasonable to ask to be reimbursed for that."

Hiring an attorney might be worth it in the long run, he adds, but it will be expensive and perhaps not a cost you want to shoulder right now. However, it does seem like you have a strong case. Some advocacy groups, like Access Living, Equip for Equality and Legal Aid Chicago offer free consultations and can provide insights and strategies to help you effectively communicate with your landlord.

"You lease a place, you expect everything to be functioning, including the elevator," Walden says. "The landlord has an obligation to do right by you."

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-Aditi Shrikant

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04-30-26 1619ET