Legal Question in Landlord & Tenant Law in Illinois

Hello Judge Mathis. My wife and I are renting an apartment in a 6 unit building. One of the tenants who lives beneath us, we live on the 3rd floor, smokes weed that smells very strong and irregular. They smoke just about every day and at all times, 12 noon, 4am, whenever. The smell comes in our apartment through the floor and just takes over. We have 3 children, 12, 9 and 3. My wife is also asthmatic and the smell makes her sick, and I know it's no good for my children. Not to mention I work for the city school system and don't want to fail our random drug tests due to contact high. We have called the police and they say they can't do anything unless they are dealing and can get caught with the drugs, which may be consumed by the time they get here. And we told the landlord, and he has done nothing. He told us to call the police. So we've been going in this circle with no ending results. Is there anything else we can do to rectify this situation? We surely don't want to start a neighbor war.


Asked on 2/18/12, 9:59 am

2 Answers from Attorneys
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

You can move.

Read more
Answered on 2/18/12, 11:07 am
Stephen Messutta

Have someone look at the lease and see what the tenant's use and occupancy restrictions and rules are. If there are provisions regarding "noxious" uses or "nuisances" you can give them notice and eventually evict them. Since you are an owner-occupied six-flat, the Chicago Residential Landlord & Tenant Ordinance does NOT apply and you can use the State law remedies. If you move, the Chicago Residential Landlord & Tenant Ordinance will apply to you and there will be many more hurdles you'd have to meet to evict. PS - the local police may not have an interest in them, but have you thought about any "higher" authorities, like the DEA?

Read more
Answered on 2/19/12, 12:42 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in Illinois