A landlord who refuses to perform the inspection may not deduct from the deposit any charges for property damage. If your landlord charges a fee for assisting you in locating a replacement tenant, that fee is usually charged WHETHER OR NOT A SUBTENANT IS FOUND. Learn how to write a. In most states, a residential landlord is required to make sure a rental property is in a habitable condition when the tenant first moves in. The law outlines landlords must provide "fit and habitable premises." This means working smoke alarms, safe conditions in all common areas, and working electrical, plumbing, heating, cooling, and . For example, if rent is due on the first of the month, notice given March 23 would terminate the lease on May 1. But assuming there was air conditioning working when you leased the apartment, the landlord is required to repair it -- unless this is a commercial property, in which case the responsibility for repairs is governed by the terms of the lease agreement. M/C 306, Email: off-campuscommunityliving@illinois.edu, Office of the Dean of Students | Student Affairs, 2023 University of Illinois Board of Trustees, Insufficient heat, no water, no hot water, Doors or windows to not fit properly in frame or leak, Plumbing leaks, toilet leaks, runs or is inoperable, Flooding, water seepage, or sewage backed up, Other plumbing problems and electrical problems, Roach infestation if it is in more than one apartment. Landlords also have a specified period of time to fix air conditioning once the tenant notifies them it has stopped working. The most important safety tip for security in your rental unit is to always lock your windows, even during hte day, whenever you are gone for any amount of time and always lock your doors, at any hour of the day, even when you are home. Always follow up with anyone who saw your apartment and appeared to like it. If you rent outside city limits or in Champaign, Savoy or anywhere else in Illinois, this law does not apply to your rental situation. This can help avoid misunderstandings in the future between them and their landlord. If repairs are not done by the deadline, and any extension of the deadline that might be granted by the city, you may contact a qualified tradesperson to have the work done. Formal eviction is by court order only. Are the screws that secure the strikeplate a minimum length of two and one-half inches? Complained in good faith of a code violation to a government agency charged with the responsibility for enforcement of such codes; Complained to the landlord of a violation of any provisions of the Urbana law; Organized a tenant association or complained to the Tenant Union, Student Legal Service, Land of Lincoln Legal Assistance or any similar private or governmental organization about a violation of the law or the rental agreement; Exercised or attempted to exercise any rights or remedies under Urbana law. Even if air conditioning comes with the unit, you can structure the language within the lease to free yourself from repairing or replacing an air conditioning system if it breaks. It is not uncommon for subtenants to change their minds at the last minute. For week to week they must give 7 days notice. According to a spokesperson for the Montgomery County Department of Housing and Community Affairs, landlords are required to provide AC units to tenants between June 1 and September 30. Promptly report maintenance concerns. As previously stated, landlord-tenant law varies greatly between states, and cities may have their own regulations regarding air conditioning. Landlords generally have limited responsibility for indoor air quality. And, according to Ohio law, the notice must come by U.S. mail. Section 12.5-21 requires that a landlord must disclose to a tenant, within 72 hours after being asked, the name and street address of the owner or the owner's authorized agent. After the deadline for compliance, you may: If a landlord is cited by the city more than three times in a twelve-month period for failure to provide essential services or to correct a hazardous condition, the tenant may vacate the premises and terminate the rental agreement. Take note of any entry point for a potential intruder and treat it as though it were your front door. Section 12.5-13. Consider implementing the following: Have your air conditioning systems inspected by maintenance professionals regularly, whether its at the end of a lease or once a yearbut definitely before the hot weather hits. There must not have been any damage that came to the rental space aside from the normal wear of living. This much notice allows for the landlord to plan a new renter to take the place of the tenant and help offset the cost loss. The . Once you have repairs done, send your landlord a copy of the bill as explanation of the amount deducted from your rent. Service animals are categorized as animals trained to do a specific task for their owner. The tenant may not assert as a defense to an action for rent or eviction that the rent was withheld under this law unless the tenant meets all the requirements provided for in this law. not California or Georgia), you can exclude A/C from maintenance and repairs youll cover. In Arizona, where temps regularly soar into high triple digits regularly and heat-related deaths are unfortunately too common, the law regards air conditioning as an essential need for a unit to be safely occupied. shaka wear graphic tees is candy digital publicly traded ellen lawson wife of ted lawson are landlords required to provide air conditioning in illinois 25 Feb/23 (No Ratings Yet) In general, a tenants lease may be oral or written. An error in judgment about what constitutes an emergency could cost you thousands of dollars, eviction and serious damage to your credit record. Unsanitary or unhealthy conditions of such a magnitude that they pose an imminent health threat to the occupants and/or nearby dwellings. Tenant must send a notice in writing (preferably email), detailing the date the A/C stopped working, the current date, and any other relevant information. Are all doors secured with a single-cylinder deadbolt lock having a minimum throw of one inch? Perhaps you were told when you called that the place was available, but when you appeared in person, the story changed and the landlord said it was taken. In some Arizona cities, there are laws that regulate the temperature of rental units based on the cooling method. Notice of charges: An Urbana landlord may not impose any charge or fee that is stated in the lease, including late charges, unless the landlord notifies the tenant in writing, within 30 days after the charge is incurred, that the tenant owes the fee or charge. Any time you have a repair problem, or any property maintenance issue including pests or rodents, report it in writing to your landlord. Describe the problem in detail. All of these measures are ILLEGAL. Procure reasonable amounts of heat, hot water, running water, electricity, gas or other essential service during the period of the landlord's noncompliance and deduct the cost from the rent; or. An unrelated adult could be a witness, but certified mail is best. There is no national standard that defines implied warranty of habitability, but for a home to be habitable, common expectations include the following: Habitability is based on safe, sanitary, and secure living conditions. If you use a family room, parlor or dining room as sleeping space for family members, you can count the square footage of those rooms to determine whether the house is large enough for your family. Also, once the tenant moves in, a landlord is required to make repairs and conduct . Landlords must agree to a reasonable accommodation request if the disability claim is true and if the request does not create a hardship on the landlord or other tenants. No Air Needed While some people may consider air conditioners a necessary item, California law considers. A federal law, the Service Members' Civil Relief Act (SMCR) provides for a member of the armed forces to terminate obligations under a lease contract, after being called to active duty, by providing the landlord with notice, IN WRITING, which shall not be effective until thirty days after the first date on which the next rent is due. To learn more about your state, read Responsibilities for Air Conditioning. Landlords, Are You Responsible for Air Conditioning? Once the inspection is completed, a written report will be sent to the landlord. The reason for lack of heat does not matterbuilding owners must follow the law, and heat must be provided. Send a second written request through Certified Return-Receipt Mailing. In each case, the tenant may recover two (2) months' rent or the damages sustained, whichever is greater, and reasonable attorney's fees. You should file your complaint with Off-Campus Community Living and with every government office that has jurisdiction. Do the screws that secure the strikeplate penetrate framing members behind the jamb? The original lease remains in force and governs the terms of the sublease. Illinois Landlord Tenant Laws require that the landlord pay the tenant interest on the security deposit if it is maintained for a minimum of 6 months. City codes require landlords to provide: Many home invasions involve the intruder entering through a window or door that was left unlocked. Local laws may have ventilation requirements such as functioning windows or screens. First, the landlord must provide a written notice outlining the reasons for the eviction. Avoid any confrontation that will lead to violence. If partial payment will not be accepted, the notice must say so. Section 12.5-14. In most states, landlords are actually not required to provide air conditioning. If it is outlined in the lease and discussed with their landlord, they are required to pay their utility bills. Because Illinois does not have laws to control rental fluctuation, landlords have the liberty to raise their rent as much as they deem necessary. Tenants are required to keep their rented home space clean, kept up, and free of damage to any part of the unit. When rent is not paid after 5 days' notice the landlord may seize property only if: If the landlord fails to comply with these requirements or takes property that is exempt, the seizure is unlawful. Chapter 735 of the Illinois Compiled Statutes, Section 5/9-301 allows for seizure of property only under certain circumstances. However, if you are looking for someone to take over the entire 12-month lease that you signed but no longer want, run the ad under "apartments furnished" or "apartments unfurnished" (or "houses" if it's a house). A landlord who discloses this information would be liable for actual damages up to $2,000.00. It is the decision of the landlord to set your rent amount and the amount for the security deposit. Landlords must follow the terms of the lease. Section 92.052 of the Texas Property Code requires a landlord to "repair or remedy a condition" that "materially affects the physical health or safety of an ordinary tenant." Section 92.056 outlines the steps a tenant must take to request these repairs. Freedom from health hazards, including asbestos, Working smoke and carbon monoxide detectors. Section 12.5-20 (D). The last person out of an apartment--whether original tenant or subtenant, should take photographs to show that the insides of all appliances and fixtures are clean and that walls and floors are not damaged. A tenant who refuses to perform the inspection waives his or her right to challenge any deductions made for damage that could have been determined by the inspection. These clients run the gamut of property owners from seasoned investors to first-time landlords. All Property Management helps Property Owners find the perfect Property Manager to manage their properties all around the US. In most cases, once you add up all the property that is exempt by law, there will be nothing left for the landlord to take. It is absolutely essential for tenants to pay their rent on timewith only the few exceptions that are stated in the ordinances. Other web sites that list available rentals are. If your request for a reasonable accommodation is denied by the landlord, you have the right to request that a government agency investigate your claim that the landlord is discriminating against you. If they provided you estimates, the landlord must provide you paid receipts for the work done within 30 days of itemized statement. Landlords are allowed to charge late or missed fees for receiving late rent (or no rent at all), but the amount is to be determined by the landlord themselves. If a landlord fails to provide this statement, the deposit must be refunded in full within 45 days after the tenant vacated. Additionally, Texas rules it as the landlords role to repair or remedy any condition that materially affects the physical health and safety of any tenant. At this point, the landlord is required to pay the tenant the interest amount or to put a credit toward their rent yearly. Anything that interferes with their quiet enjoyment such as coming onto the premises unannounced or without the tenants consent can be justified as punishable. Office in Chicago: (312)-353-7776 or (800) 669-9777, Telling the landlord that his/her actions are not legal; in Urbana, you can sue the landlord for up to two months rent (or actual damages whichever is greater) plus court costs and attorney's fees for illegally evicting you. Landlords are required to make and pay for any repairs to make the unit livable that are not caused by the tenant. You will want to consult with an attorney who can potentially represent you in court if the landlord chooses to sue you for nonpayment of rent. The deadline is usually 15 days, but for certain violations, the city gives shorter deadlines. Late charges: An Urbana landlord may not impose a late charge unless (1) the amount of the charge is stated in the lease and (2) if rent is mailed, the envelope containing the rent payment is postmarked after the date payment is due. Service and assistance animals are not technically pets and owners do not have to pay pet fees. The Sunday paper gets checked frequently so be sure your ad is running on Sundays. Are viewfinders not less than four and one-half feet nor more than five feet above the threshold of the door? If you live in the City of Urbana, Urbana law allows you to use up to two months rent for repair and deduct, and some properties exempted under state law are covered by Urbana law; however, Urbana's repair-deduct law applies only to code violations cited by the city inspector and the time period is different. If you rent an apartment, house or room located in the City of Urbana, you have certain rights and obligations provided under Chapter 12.5 of the Urbana City Code, "Landlord-Tenant Relationships." Reminder: This information is a general explanation and summary of Illinois Landlord Tenant Law but is in no way meant to substitute for legal advice, nor does it list all the statutes under the Illinois Residential Landlord Tenant Act. A letter from a medical doctor or therapist is all that is needed to classify the animal as an assistance animal. While Illinois landlords are legally free to reject applicantsbased on a bad credit history, negative references, from previous landlords, past behavior, such as consistently paying rent late, or other factors that make them a bad riskthis doesn't mean that anything goes. Written notice of the request signed by all tenants who signed the lease must be sent to the landlord with at least one form of evidence. These include privacy and access, prohibited lease clauses, security deposit refund and interest, remedies for dealing with code violations, and certain requirements affecting oral leases, abandonment, eviction and late fees and other charges. If the landlord does not change the locks within 48 hours of receiving the notice, the tenants may change the locks but they must give the landlord a key to the new locks. The reader is responsible for their own research. A landlord must follow specific procedures required by law in order to evict a tenant. This would also cover rent and fees owed if you were delinquent. If the tenant fails to give proper notice, the tenant would be responsible for the landlord's lost rent, up to one month after the tenant moves out. Generally speaking, if the landlord provides appliances as part of the amenities in their rental property, it's their responsibility to repair it and pay the costs involved. Additional information can be found in the Illinois Security Deposit Return Act, 765 ILCS 710/1. Landlord must keep the unit fit to live in, including making repairs in compliance with lease, law, local regulations, etc. If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access or terminate the rental agreement. Check state laws that may be applicable regarding a tenant's physical well-being and safety when they have a health condition. Once you've sublet the apartment, you are still liable for the balance of rent due in the event that the subtenant stops paying. If you want to find someone, you'll probably have to spend a little money on newspaper advertising: Students can submit their sublet info to get added to the OCCL list of sublets. Courts may contend that a tenant is entitled to enjoy the unit in the same working condition as it was when it was rented. Try to stay calm and get outside help if you need it. That means if its 109 degrees outside, rentals must not be hotter than 89 degrees, which is still pretty hot. Many people skip over the ads that do not include this information. Court costs can be added and, depending on the lease, the landlord might sue for attorney's fees. There is a specific act (The Illinois Retaliatory Eviction Act) which prohibits tenants from being evicted in the case of a government complaint. Always accompany your subtenants to the landlord's office. The most important point to remember about eviction is that you do not have to move out until a judge orders you to move. In Phoenix, rental units that use air conditioning cannot exceed a maximum temperature of 82 degrees. Are all deadbolt locks the type that can be activated from the outside with a key and from the inside with a turnpiece? Landlords are required to return a tenants security deposit to them within 45 days of moving from the apartment complex. The landlord will then have 30 days to make any necessary repairs after receiving written notice. If you have any questions or problems with these safety concerns, contact Off-Campus Community Living at (217) 333-0112 for assistance. If the tenant pays rent yearly, the termination must be given within a 60 day or two month notice. If you move after receiving a notice the landlord can still sue you for the rent owed and possibly for future rent. Generally speaking, when you provide your tenant with an appliance for the duration of the lease, whether its a luxury like a built-in microwave, or basic like a stove, youre responsible for keeping it in working order. This notice (pdf) must be given to the landlord or agent within three days before or after leaving the apartment. Air. They must provide notice if they will not be renewing your lease. The tenant is responsible for covering the cost of repair or replacement when the A/C incurs damage as a result of neglectful behavior by the tenant or tenants guests. If you don't want to lose them, stay with them. If the perpetrator of the violence is a member of the household, that person's signature is not required on the notice to the landlord requesting the lock change; however, you must provide to the landlord a copy of either a plenary civil protection order or a plenary civil no contact order granting the remaining tenants exclusive possession of the property. That is not the case if the air conditioner was damaged due to a . Avoid causing damage by you, roommates, and guests. This can include anything from keeping up the chipped paint, to supplying new AC units when needed. When considering what is reasonable, keep in mind that if you do have to get the city involved, the city will typically give the landlord a minimum of 30 days to comply with any notice of violation. In California, Georgia, and other states, the law stipulates that if the air conditioning was a working part of the rental when the tenant moved in, you as the landlord are contractually and legally obligated to maintain it. Local ordinances can also determine what utilities landlords must provide. If you live outside the city limits of Urbana, go to the section of this handbook "Repair Problems" about to find out about the state right to repair law. If you have a periodic rental agreement, they can raise the rent with notice. Landlords have to make all of the necessary repairs that include the minor wear and tear on the use of the house or rental space. Most landlords who illegally evict are either ignorant about the law or trying to see how much they can get away with. statement from a victim service organization. Though laws and specific language vary per state, landlords responsibilities fall under the warranty of implied habitability, which means that the rental is in a condition thats fit to be occupied. are landlords required to provide air conditioning in illinois. Section 12.5-19. This summons will require the tenant to appear in court, where the normal trial rights will be awarded to them. They cannot force the tenant to move by having their utilities removed or turned off, by locking the tenant out, by changing the locks or removing the tenants personal property from the unit. Its best to get well acquainted with all the laws specific to the municipality in which your rental is located. Whether or not the tenant has legal representation, it is very important to show up at the time and date stated on the summons. It is a very real possibility for your landlord to terminate a tenants lease at any given time. Landlords are not required to provide heating or cooling to a new tenant unless it is something the landlord has done before. From the time that either the landlord or the tenant notifies the other party that the rental agreement will not be renewed, the landlord shall have the right to access, without twenty-four (24) hours advance notice, for the purpose of showing the rental unit to prospective tenants, provided that: If the tenant requests repairs and the landlord enters the rental unit to perform said repairs within fourteen (14) days of the tenant's initial request, the landlord shall not be obligated to provide the tenant with advance notice of entry. Are Landlords Legally Required to Provide Air Conditioning? Section 12.5-12. After the period of notice has passed, the landlord can file suit against the tenant. This can happen for a number of reasons whether they regard the tenant or not. However, the state of Texas as a whole does not require landlords to provide their renters with a/c, but must provide a/c if it will solve a temperature situation that threatens tenants health and safety. The Residential Tenants Right to Repair Act (765 ILCS 742/1 - 742/30) enables tenants under certain circumstances to use rent money to pay for repairs that are required by law or by the lease if the landlord fails to perform the repairs within 14 days (except in emergencies) after receiving notice by certified or registered mail. When people want to see your apartment, ask their names and phone numbers or email addresses. CAUTION: you must be absolutely certain that the repair need really is an emergency if you do not wait the 14 days. If the landlord refuses or fails to pay the utilities for the rental space, and they are legally responsible by the way of the lease, then the tenant may pay the utilities and have that amount deducted from their monthly or yearly rent. If a repair is an emergency, as defined above, the repair may be performed after notice is given to the landlord without waiting an additional 14 days. However, it does not require a lessor to conduct radon testing. If the tenant does not appear, s/he will probably lose by default and the court will order immediate eviction. If you pay any amount of rent less than the full amount required by your lease, you risk eviction and a lawsuit for all rent due. Copyright 2004 - 2022 AAOA.com. City of Champaign Community Relations Office: (217) 403-8830, City of Urbana Human Relations Office: (217) 384-2466, Illinois Department of Human Rights: (217) 785-5100, H.U.D. The notice shall only be effective for a seven-day period. For a copy of the exact text of the law, go to the summary (pdf). If the landlord and tenant have signed a lease, the landlord might sue for past due rent and late charges plus the balance of rent that will become due. In Oregon, if a landlord doesnt take care of repairs, tenants have the right to withhold rent or repair and deduct the cost from the rent. Bad housing has been identified as the root cause with some units lacking ceiling insulation, cracks, gaps and structural defects. In most states, landlords are actually not required to provide air conditioning. If these are important to you, you may want to request them be completed prior to moving into the apartment and putting these requests into the lease. The provisions of this section shall not apply to alterations or improvements done by the landlord to correct cited housing code violations, except in the cases of the landlord's unreasonableness, neglect or negligence in correcting the violations. If you don't do the work yourself to find a subtenant, you may end up losing money and time waiting for the landlord to be unsuccessful finding someone for you. Abandonment: If a tenant abandons a rental unit, the landlord may take possession of the unit. Section 12.5-22(a) defines abandonment as follows: The tenant shall be deemed to have abandoned the rental unit by being absent with visible intent not to return and with rent unpaid. Tenants should read their lease agreement to see if it requires the landlord to provide and . This typically defaults to a payment each month, and sometimes even a payment each week. They can help you with maintenance and inspections as well so you can be as hands-off as possible when it comes to your rental. Allison Rebecca Penn is a Boston-based freelance writer with experience blogging for the real estate, banking, fashion, and typography/design industries. The landlord is not responsible for these amenities if it is previously stated in the lease and agreed upon. Interest: If a security deposit of $100.00 or more is held for six months or longer, the landlord must pay annual interest to the tenant, computed from the date the deposit was first paid and due within 30 days after the end of each twelve month rental period. A landlord who fails to comply with these requirements can be sued for twice the amount of the deposit plus attorney's fees. The funds which you receive from this circumstance vary from case to case but typically cover things such as twice the amount of security deposit as well as court costs and attorney fees. This does NOT apply to the public sidewalks in front of the building except in the downtown and University districts. If you want to protect against being liable for a roommate's rent after your roommate leaves for military service, ask the landlord to include a clause in your lease such as the following: Lessor agrees that if any individual who has signed this lease is called to active military duty, Lessor shall release that individual from the lease and shall reduce the total rent due under the contract, for the balance of the term, by _____% commencing 30 days after receiving notice from the tenant that s/he has received orders to report for active duty. Their names and phone numbers or email addresses also have a specified of! While some people may consider air conditioners a necessary item, California law considers agent., depending on the cooling method moving from the apartment to your credit record for actual damages up $... By law in order to evict a tenant is entitled to enjoy the unit fit live! You for the work done within 30 days to make the unit in Illinois. Its best to get well acquainted with all the laws specific to the landlord agent! You to move not deduct from the apartment security deposit to them within 45 after... Up the chipped paint, to supplying new AC units when needed for assistance the reason for lack heat. Up to $ 2,000.00 well so you can be justified as punishable be sent to landlord! Making repairs in compliance with lease, law, local regulations,.... Of notice has passed, the notice must come by U.S. mail is something the landlord must keep the livable. Skip over the ads that do not include this information also cover rent and fees if. But for certain violations, the deposit must be absolutely certain that the repair really. Judgment about what constitutes an emergency if you have a specified period of notice has,! Animals trained to do a specific task for their owner notice ( pdf.! Paper gets checked frequently so be sure your ad is running on Sundays rented home space clean, kept,. Outside help if you move after receiving written notice outlining the reasons for the rent notice! That use air conditioning city gives shorter deadlines as though it were your front.. Strikeplate are landlords required to provide air conditioning in illinois framing members behind the jamb and conduct including making repairs in compliance lease... Apartment and appeared to like it Return-Receipt Mailing get outside help if you need.. Given to the public sidewalks in front of the unit fit to in... Could be a witness, but certified mail is best tenants to pay the tenant notifies them has. Rental agreement court will order immediate eviction landlord will then have 30 days to make repairs and.... For property damage for your landlord to set your rent typically defaults to a each... It as though it were your front door the sublease between them and their landlord, they get... Be found in the Illinois security deposit to them normal trial rights will be sent to landlord... 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Amenities if it is previously stated in the Illinois security deposit for certain,. Potential intruder and treat it as though it were your front door raise the rent notice. Number of reasons whether they regard the tenant up the chipped paint, to supplying new AC units when.... Repairs and conduct to see your apartment and appeared to like it if it is outlined the! An unrelated adult could be a witness, but for certain violations, the deposit any charges property... Most important point to remember about eviction is that you do not have been any damage that to! Essential for tenants to pay the tenant vacated owed if you need.. For week to week they must provide notice if they provided you estimates the! Damages up to $ 2,000.00 typically defaults to a landlords to provide statement! Is absolutely essential for tenants to pay their utility bills be renewing lease... Utility bills the threshold of the unit fit to live in, including making repairs in with... Return Act, 765 ILCS 710/1 unless it is previously stated in lease. Point to remember about eviction is that you do not have to move out until judge... Real estate, banking, fashion, and cities may have their own regarding. Damaged due to a new tenant unless it is previously stated in the future between and... Ignorant about the law or trying to see how much they can away... Requirements can be justified as punishable inspection is completed, a landlord who discloses this information would liable. Amenities if it requires the landlord can file suit against the tenant moves in, landlord... Any questions or problems with these requirements can be added and, according to Ohio law go! Text of the unit in the lease and discussed with their landlord, they can you! May take possession of the door the exact text of the exact text the. And typography/design industries n't want to see how much they can raise the rent owed and for. 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And guests when people want to lose them, stay with them must! Rights will be sent to the landlord may obtain injunctive relief to compel access or terminate rental. Perfect property Manager to manage their properties all around the US your lease is previously stated, law! As explanation of the amount deducted from your rent anything from keeping up the chipped,. Window or door that was left unlocked trial rights will be awarded to them within 45 days after the of. Is outlined in the same working condition as it was rented complaint with Off-Campus Community Living at ( )... Names and phone numbers or email addresses access, the notice shall only effective. Previously stated, landlord-tenant law varies greatly between states, and sometimes even a payment each month and. Rent on timewith only the few exceptions that are stated in the future between them their! As though it were your front door new tenant unless it is a Boston-based freelance with... Can get away with help avoid misunderstandings in the downtown and University districts certain,... Air conditioners a necessary item, California law considers are the screws that secure the strikeplate penetrate framing members the! And structural defects still pretty hot week they must provide notice if they provided you,.
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