Legal Question in Landlord & Tenant Law in Illinois

A hot water pipe burst in the apt condo. I live in a 14 storey building. My roommate had to vacate the apt immediately due to the emergency. The apt is in uninhabitable state. I have been requesting the landlord to terminate the lease under these grounds but the landlord is not ready to budge. The only thing the landlord has agreed upon repaying back the rent for the unoccupied period. I want to get off the lease.Its been more than 3 weeks.


Asked on 12/01/10, 5:58 pm

1 Answer from Attorneys

You need to read your lease and what happens in case of a fire or other kind of "insurable" casualty that makes the place "untenantable". Leases, even under the Chicago Residential Landlord & Tenant Ordinance (http://www.chicityclerk.com/tenantsVRSlandlords.php), can provide for a kind of work-out period to allow the landlord the time to work with the insurance companies involved (and here the condo association) before having to give up on a lease. A 90-day period is not unheard of. But if the lease doesn't have the right protections or violates the Ordinance, the Ordinance provides several options, including the possibility of moving out, but you must follow the rules.....

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 12/07/10, 9:22 am


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