Legal Question in Landlord & Tenant Law in Illinois

Hello, My name is Emily and i currently live in Chicago, IL. I have been living with a cockroach problem for the past 2 in a half months now, i have made plently of phone calls to the landlord, and maintnece people every week if not 2-3 times per week explaining to them how bad the situation was. The maintnece men have came out a total of 4 times in the past two in a half months and used "in house" spray to try to fix the problem, however, it only made the problem worse. It got to the point where i had to make other arragments to stay somewhere else for a week because the roaches were so bad, and even then the landlord did not to anything more than call the maintence man. It is now becoming a health issue to live in this apartment, i went home from work and cooked dinner and when i went to take a bite of my meal, there were roaches crawling in my food. Its to the point where they come even when all the lights are on. They are everywhere. After the problem i had with the roaches in my food, i had called my landlord and told him i was withholding my rent until the problem was COMPLETELY fixed, not in the process of being fixed, completely gone. The roaches are now in the hallways of my apartment, on the stairs, and i know for a fact it isnt just my apartment considering it is the cleanest apartment. Now, the landlord agreed over the phone that it was ok for me not to pay the rent until the problem was fixed, and now is trying to ask me to pay half the rent now and half when the problem is in the process of being fixed. Now, i want to move because of the problem as soon as May 1st. Our landlord origanlly told me and my husband that if we didnt like the building, or neighborhood we could move out anytime and just to give him a 2 weeks notice, however, my husband never got that in wrighting. So i was doing some research and i found "constructively evicted" and one of the examples were infected cockroaches, so according to what i read it stated that if i broke my lease because of that i would not have to pay the remaining rent of the lease which would be May, June, and July. Now, if i end up moving, by law do i have to pay April since i was living there? Please give me the best advice. I am reporting him today to the health department.


Asked on 4/03/12, 6:18 am

1 Answer from Attorneys
Stephen Messutta

If you live in a building with 1-6 units and the landlord is the owner and does NOT live there, or if you live in a building with more than 6 units whether or not the owner/landlord lives there, the Chicago Residential Landlord & Tenant Ordinance protects you in many ways. While you're supposed to know the law too, and it's an important law for you to know as tenants, the only thing the landlord has to do is give you a summary of the law as part of your lease. One part of the Ordinance allows you to move out for "major" issues on 14 days' WRITTEN NOTICE (giving specifics) if the landlord doesn't or can't fix the problem in the 14 days. IF the Ordinance does NOT apply, then you are right, there is a concept called "constructive eviction" which is similar and while the landlord is not legally obligated to advise you of your rights in such case, it is something that should be exercised SIMILAR to the Ordinance, and 14 days' specific written notice would be recommended. Notice can be delivered personally but certified mail or courier (fedex....) provides receipt verification. This will NOT stop the landlord from attempting to withhold your security deposit or sue you, but at least you've set up your case. And it is also helpful to have written communications from the landlord acknowledging the situation...... Again there are risks in exercising your rights, but as the landlord seems aware of the problem and can't fix it, he may simply want you gone so he may be able to rerent the place to someone who doesn't care as much.....

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Answered on 4/03/12, 6:29 am


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