My landlord says no bikes in building.

I'm shaken and shocked from a conversation with my landlord intercepting me on the dozenth time he's seen me come and go with bike from apartment. This peculiar conversation started innocently but soon he casually informed me that bikes aren't allowed in the building. Calmly offered compromise suggestions such as improving storage security or making an exception only escalated his anger. Within a minute seemingly seething with restrained rage he snarled "You are in violation of building rules, no bikes in apartments, and this is your verbal warning. Bring it in again and I'll give you a ten day notice."

Never mind that he knows I'm a known local cycling activist and extremely reliable tenant, that the outside bike storage area is insecure and full, that I always used the back steps and my bike is light, that the rule is out of sync with an increasingly carless renters market, nor that I am likely not the only one doing so in the building.
In my book he's drawn first blood. This building has declared its incompatibility with modern times, and me.
On fine reading, some lease rules addendum clauses do apply, but could be disputed.

For now I may capitulate. But thinking ahead, any known bike friendly northside/andersonville/uptown/lakefront apartments? I'd rather not roommate. Any recommended resources for bike friendly apartments search?

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Permalink Reply by Julie Aberman (Hochstadter) on August 31, 2009 at 7:43pm
I'll look out for you. What a bummer! Whats your budget? How many bedrooms, etc?
Permalink Reply by cutifly on August 31, 2009 at 7:53pm
when your ready I can help you move !!!!
Permalink Reply by Andrew Bedno on August 31, 2009 at 7:55pm
I pay under $600, +cable +internet only. Coin laundry in building, AC extra, fourth floor walkup, 100yr+ brick bldg, old fixtures, carpet and tile, bigger than studio, maybe 400+sqft (accurate scale floorplan), blocks from lakefrontpath, between brynmawr+berwyn. Pretty much exactly what I want, except for standard age related problems. I've seen area condos, but shy from large investments. I consider my bike storage requirements minimal and hopefully not usual. Its just this guy went regressive. Whats norm?
Permalink Reply by Andrew Bedno on August 31, 2009 at 8:20pm
Thanx! I'll move Russel to offsite storage so no 24/7 spare bike, and survive winter with just the fixie in cruddy onsite closet.
Lease ends April 30, maybe I can leave earlier, so should simply plan ahead for spring move. I love April and May, and am a good candidate for a bike move.

Or maybe we'll come to some compromise. It's my first duty as an "alternative transportation activist" to pursue that agenda at exactly such points. But I doubt it. The building just doesn't have the space, nor any history of non-legally mandated improvements.

But regardless of my non-imminent potential move, it's a good topic. (now I gotta go work)
Permalink Reply by Mark Trulock on September 1, 2009 at 12:50am
Andrew

The 10 day notice thing is absolute bullshit. Yes he can get away with it if its in the lease but that is not what a 10 day notice is used for most of the time. Its generally used for folks way behind on the rent or doing something dangerous. I've been a landlord for almost 20 years and I've never had to use one.

If he throws you out in September drop me a line, I have a unit open that is hopefully going to be rented on October 1st.

Remember that you can represent yourself in small claims court. In my experience judges often side with the tenant.

Good luck

Mark
Permalink Reply by Kelly on September 1, 2009 at 12:55am
I have two units in our six flat that are open. They are three bedrooms, coin laundry in building, .25 from lake, Uptown, same description as what you gave with building character. You'd have to room with someone to bring down cost but the building and landlord rock. Tons of vegetarians in the building. My composter is in back next to the veggie garden. Bikes are all welcome! Let me know if you'd like more details.
Permalink Reply by Mark Trulock on September 1, 2009 at 1:20am
Hi Kelly

Should we start a group called "Bicycle friendly Chicago Landlords who ride in RAGBRAI"?

Thanks

Mark
Permalink Reply by Ian on September 1, 2009 at 1:53am
A bicycle is not a vehicle, per Illinois statutes. Is he making you move your skates out, too? Are you allowed to have a chair with wheels in your apartment? Shoes? Stay current on your rent and make sure you abide by the terms of your lease - he will have a tough/impossible time evicting you. There is a very active tenants' rights group in Chicago - contact them and let them help you.

(625 ILCS 5/1‑106) (from Ch. 95 1/2, par. 1‑106)
Sec. 1‑106. Bicycle. Every device propelled by human power upon which any person may ride, having two tandem wheels except scooters and similar devices.
(Source: P.A. 85‑951.)


(625 ILCS 5/1‑217) (from Ch. 95 1/2, par. 1‑217)
Sec. 1‑217. Vehicle. Every device, in, upon or by which any person or property is or may be transported or drawn upon a highway or requiring a certificate of title under Section 3‑101(d) of this Code, except devices moved by human power, devices used exclusively upon stationary rails or tracks and snowmobiles as defined in the Snowmobile Registration and Safety Act.
For the purposes of this Code, unless otherwise prescribed, a device shall be considered to be a vehicle until such time it either comes within the definition of a junk vehicle, as defined under this Code, or a junking certificate is issued for it.
For this Code, vehicles are divided into 2 divisions:
First Division: Those motor vehicles which are designed for the carrying of not more than 10 persons.
Second Division: Those vehicles which are designed for carrying more than 10 persons, those designed or used for living quarters and those vehicles which are designed for pulling or carrying property, freight or cargo, those motor vehicles of the First Division remodelled for use and used as motor vehicles of the Second Division, and those motor vehicles of the First Division used and registered as school buses.
Permalink Reply by mindfrieze on September 1, 2009 at 1:58am
I hope this helps.

From the Municipal Code of Chicago:

9-4-010 Definitions. “Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a street or highway, except motorized wheelchairs, devices moved solely by human power, devices used exclusively upon stationary rails or tracks and snowmobiles, as defined in the Snowmobile Registration and Safety Act of Illinois.

Even though you, as a cyclist, have all the rights and responsibilities of a motorist, your bicycle, by definition, is not a vehicle. Good luck with your landlord.
Permalink Reply by lauren sailor on September 1, 2009 at 2:03am
i had a landlady in hyde park who would scold me every time she saw me bring my bike in. i usually just locked outside, though, and only brought it in for maintenance (which i told her). but yeah, i pretty much ignored her completely on that one... didn't even offer to bring it up the back stairs! most other landlords either didn't notice or didn't care; i've never seen anything in a lease about it. joe's landlords are selective about bikes: you can't lock to the fence in front of the building (along the sidewalk), but you CAN lock to the fence on the sides of the property. if you bring bikes inside, you just have to use the back door.

for your situation, i say have as much fun with it as you can!! experiment bringing different not-quite-bicycle things inside, like a kid's bike ("it's not a vehicle, it's just a kid's toy!"), or perhaps trikes and unicycles ("you said no BI-cycles!"). or, just start taking your bike up piecemeal: "you didn't say no bicycle WHEELS inside!" is your excuse for the first trip; "this isn't a bike, it's just the frame!" should get you up the second.

oh, and just before you move out (you're moving out, yes?) you need to throw a HUGE byob party. and yes, i do mean Bring Your Own Bicycle. picture bicycles covering your front gate. picture bicycles piled in your apartment. picture your building's hallways completely covered in bicycles. do you see it? i see it.

good luck with whatever you decide!
Permalink Reply by Tony Adams on September 1, 2009 at 2:05am
ugh. Sorry to hear about this. I think it may be time to propose some legislation. As far as I'm concerned, dragging a bike into one's dwelling is an inalienable right. But clearly this is not a view which is universally held.

Bikes shouldn't just be allowed in offices, rental housing and factories, they should be celebrated. Those of us who ride should be encouraged and given a break, not oppressed and hassled.
Permalink Reply by Homebuilt on September 1, 2009 at 2:53am
Find and read the Chicago Landlord Tenant Ordinance. Pretty sure he can not give you a 10 day notice for a minor rule violation in any case. Fine you maybe.

Oh, and read thru' all the parts about the security deposit and make sure he knows that you know all your rights. For instance if he didn't provide you with a Chicago Lease agreement, including the summary of the LTO, you can get a summary judgment against him for like $250, as can all of his tenants.

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