Legal Question in Landlord & Tenant Law in Illinois

I�ve been in a rental home in Calumet City for 3 months and just found out my landlords have not had the house inspected, as required by our city ordinance and are not licensed to rent. I only found this after my uncle (a building contractor) noted some black stuff on the wall in a basement room, which he said looks like mold. I thought it was dirt. Due to my landlord's dishonesty in the past, this prompted me to call the city inspectors to request a copy of the inspection report. Come to find out there has never been an inspection. I also realized they are supposed to be paying for the trash, which they are not. The clerk said that if I file a complaint, their office can address the inspection matter with the landlord. I plan to file the complaint, but am also at the point where I no longer want to live here. No, I really don�t want to go through a move, especially in the winter and overall I like the house. But n addition to many other problems I've had and landlord's failure to respond properly (i.e., no heat for 3 days, high water bills due to unresolved plumbing issues, unaddressed peeling/chipping paint, etc.), and now possibly mold, I foresee future problems and am considering trying to break my lease. However, although Chicago provides tenant's with many legal recourses n dealing with bad landlords, Calumet City is one of the few suburbs that still fall under Illinois ordinance only, which does not. So I am not sure if I even have any options. Thanks in advance.


Asked on 2/10/17, 5:56 am

1 Answer from Attorneys

Illinois has its own law, called the "Residential Tenants Right to Repair Act" but all that gives you is the ability, on proper notice, to pay to fix things the landlord is supposed to fix and deduct the costs from your rent -- up to specified amounts. That doesn't help if there are things the landlord has to do like register the unit as a rental, and for things that will cost you more than you can afford. So, in terms of breaking the lease, if you can afford it you should have an attorney work with you. Why? Because Illinois law does recognize what is called a "constructive eviction" meaning the unit is so bad (not 'habitable') that your landlord by not taking care of it as required by law and/or your lease, is effectively evicting you. But this requires planning, notice, and actually moving out. That won't prevent the landlord from attempting to sue you for rent, but if you filed building department complaints and have other evidence of the problems, along with whatever notice you send the landlord, you could (no guarantees) successfully defend. At the same time, if this is a bad landlord (seems so) and your lease is up, or you stop paying rent, or both, the landlord may just not renew and/or file for eviction. But any eviction lawsuit goes against your credit rating, so there's no ideal answer. One thing you may want to try, however, is to go back to the building department. If they inspect and find the unit bad enough, they may be able to issue a cease and desist order that effectively requires you to move out - without your fault. Again, sitting down with an attorney and developing a workable plan still is best, but good luck. Please note I am out of area and would not accept representation because it could wind up in court. You need someone close by.

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Answered on 2/10/17, 6:43 am


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