Legal Question in Landlord & Tenant Law in Illinois

I live in Chicago and am committed to stay at my current apartment through October 1. I am being harassed my someone in my building. They have been knocking on my door repeatedly and then running away. What are the necessary steps I need to take to legally terminate my leese?


Asked on 6/16/10, 8:58 am

1 Answer from Attorneys

While Chicago does have a "Residential Landlord & Tenant Ordinance" that covers certain rights and responsibilities, it is an "overlay" to your lease. Generally it deals with essential services and code violations, not these kinds of issues. So the lease will play a great part in your rights and remedies. The landlord normally would be entitled to notice and an opportunity to cure, just as you, but most leases do not specify how long the landlord has to cure (unlike you as a tenant who may have 5 days for rent and 15 or 30 for other violations). But it is never a good idea to "bolt" without giving notice. The notice should be as detailed as possible, how long it's been going on, and that it is making it impossible to remain in the building. But here's the push-back: why you? What did you do to deserve this? Not that you did anything, but that's what a landlord may think, and your notice should invite the landlord to discuss the situation with you. The more chance you give the landlord to not be responsive helps you. If the landlord is responsive, and this is not some kind of "personal" thing, the landlord should enforce whatever rules there are -- and if there are rules about making a nuisance in the building that apply to you, the same should apply to any other tenants and the landlord should be asked to enforce that rule. You should be asking your landlord to give this person notice, and if the person is not the tenant but occupies an apartment, then to notify the responsible party, etc. Beyond that, if the lease gives you X days to cure something other than payment of rent, that would be the minimum amount of time to give the landlord. And if it persists beyond that the notice should say you would then give final notice to cancel. But this may NOT work -- again your lease may control. It is too easy to claim "constructive eviction" (something the landlord did or didn't do that made it intolerable to remain a tenant yourself) without proof of the kind of behavior you've suffered through. So is there anyone else on your floor who's experience this? Or has actually observed it? Or at least overheard it? You may want that person but beware that person may not want to help as it may jeopardize that person's lease. Which is why it's better to start with the landlord, so anyone else you might need to help, can be part of the solution. Worst case is, you give notice(s), you leave (at this point probably no sooner than August 1), the landlord sues you, your credit is ding'd, you defend on "constructive eviction", win, and then have to undo the credit issue. So first look at the lease; if it gives you no particular rights, what I've said is pretty much the situation. Unfortunately most leases are landlord orientated. If you're not sure if the lease gives you any rights other than to sue the landlord in case you suffer damages (ie you have to move out and it costs extra, etc. that you would not have had to spend.....), you may want someone to look over the lease for you. Without looking at it all the above could be speculative, but is a general idea of what the steps might be.

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Answered on 6/17/10, 9:29 am


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