Legal Question in Landlord & Tenant Law in Illinois

1. No Renter's Insurance:

a. You may be able to put a claim in through the neighbor/owner's insurance, but you may have to prove the neighbor/owner was negligent in some way.

b. You might be able to sue for your loss but the same issue will come up. In Illinois you have to have a theory on which to sue and the fact that there was a fire doesn't necessarily have to mean there was negligence.

2. Move-Out:

a. Frankly your offer to stay put is very nice but IF your building is covered under the Chicago Residential Landlord & Tenant Ordinance (your building would have to either be owner-occupied and have 6 or less units of which the owner occupies 1 or more units, OR the owner doesn't live there and it can be any size building), Section 5-12-110(g) COULD allow you to terminate the lease OR stay in the portion that is habitable and reduce your rent but it MAY be up to you if the portion that IS habitable. Frankly if your kitchen or bathroom are not habitable as a result of the fire, it may not be worth your while or could be dangerous. And if there is construction work going on around you, there could be insurance and liability issues for both you and the landlord......

b. Whatever you and the landlord agree on should be put in writing, since the Ordinance, if it does apply and you either move out or stay, provides other rights and obligations. You may want an attorney to help you put that kind of agreement together.

3. If your building is covered by the Ordinance and there are other issues with the building, you may have yet other rights and remedies -- for instance the failure to meet life-safety codes including smoke and carbon monoxide detectors.