Legal Question in Landlord & Tenant Law in Illinois

I have an issue with a landlord refusing to fix a leak in the roof. The leak is coming through the attic and has now caused the ceiling to sag and a hole in the ceiling about the size of a quarter. I have been calling for 3 months now asking to have it fixed, or at least someone to come look at it. I did not pay last month rent because the problem has still not been addressed. Now the landlord tells me he can't give me an answer as to when the roof will be fixed and is filing court papers against me on Mon. I can almost bet there is mold now in the attic from all the water. I need to know what kind of legal action I can take? I live with my fiance and her 3 year old son that I do not want getting sick from the mold. We also do not care to stay in this property due to the fact of the above issue. PLEASE HELP!

Thanks,

Patrick


Asked on 6/04/10, 10:26 am

1 Answer from Attorneys

Did you look at your lease? Whose responsibility is this fix? Does your municipality have a landlord-tenant ordinance giving you rights to fix if the landlord doesn't, with the right to set-off against rent, and also defend an eviction as retaliatory? These are all important questions that need you to do some homework. If you determine this is a "typical" lease that requires the landlord to keep the building in repair and for you to keep the "premises" or "apartment" in repair, you could call the building department on the landlord (or threaten to do so maybe then he'll delay suing you). The only other remedy you may have, if the lease does not eliminate it, is to give notice ASAP (once you determine the landlord is responsible under the lease for the roof leak at least) and either fix it yourself and sue the landlord while paying rent and staying in the apartment (very costly) or move if he doesn't within a reasonable time (at this point that's hard to say) and if he sues claim "constructive eviction" which is a defense where you claim the apartment was unfit and you had to move -- showing you gave notice to the landlord and even to the building department (WRITTEN!!!!) makes your claim more believable. No guaranties but the boy's health is extremely important as you note. Good luck.

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Answered on 6/05/10, 10:59 am


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