Legal Question in Landlord & Tenant Law in Illinois

Does a landlord have the legal right to use a forklift to move his tenants car to a spot 4 feet away from the original parking spot just because he feels like it? This is a landlord who only has one tenant and is acting, in my opinion, very threatening and is exhibiting bi-polar disease. He is very threatening and controlling. He does not fix interior water damage to the apartment after a heavy rain. He enters the apartment without prior notice. I believe this is grounds for breaking the lease. There is a question as to whether the forklift damaged the car. Landlord said he is "experienced at moving cars with the forklift and could not possibly have damaged the car". I am unsure of the next step. The apartment and my son, the tenant, are 6 hours away from me. Just in case you are wondering, this is not a joke. It is true and I do not know what to do next. Personnally confronting the landlord does not seem to be a option as he will act one way with me and another with my son. He may start doing other things to him. Thank you. CAM


Asked on 6/02/10, 6:29 pm

1 Answer from Attorneys

Can't say primarily because there is no mention of whether there is a written lease. If there is, everything may change because landlord obligations and tenant rights may have been limited.

If there is NO written lease, there is still a question of whether it is a lease for a year, or month-to-month, or some other periodic basis.

Assuming it is an oral month-to-month lease or tenancy, it can be canceled on a month's notice (usually the rent payment date), for ANY reason, or NO reason.

If there is evidence that it is a longer lease (up to a year can be oral in Illinois), normal landlord/tenant obligations SHOULD apply unless there has been some shifting of these terms and that may be a problem from an evidentiary standpoint. This is why an attorney would want to sit down with your son and review the whole situation to give firm advice.

Assuming, however, there is an oral lease for a year with nothing in writing and nothing to say that any repair and/or maintenance obligations shifted to your son as tenant, then your son has really one option which is to give the landlord notice that if things aren't taken care of within a reasonable period of time (and for a leaky roof temporary fixes should be demanded) and tampering with his property stops (demand a specific parking spot if that came with the deal in the first place), your son may be stuck with moving out and claiming "constructive eviction". The notice to the landlord is only to firm up your son's position since nothing else is in writing, and it may also suggest that the next step would be to contact the local building department about code violations. BEWARE, however, if this landlord is as unstable as suggested, there is no telling what his reaction might be, which is why such a notice may best be coming from an attorney who has reviewed the situation in full. Depending on how things are, a phone call to the landlord may result in a negotiated move-out -- assuming there is any security deposit that could be in jeopardy.

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Answered on 6/03/10, 7:11 am


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